Legal Waiver Petition

LEGAL WAIVER PETITION

This Legal Waiver Petition (the "Petition") is executed on the day of , , by and between Petitioner Name: (hereinafter "Petitioner"), and Respondent Name: (hereinafter "Respondent"), collectively the "Parties".

RECITALS

WHEREAS, Petitioner asserts certain claims, demands, or entitlements against Respondent relating to the matters described in the pleadings and seeks relief consisting of a waiver of specified rights or requirements as set forth below;

WHEREAS, Respondent is willing to execute a waiver of certain claims, defenses, fees, or procedural requirements in consideration of the mutual promises, consideration, and undertakings recited in this Petition;

WHEREAS, the Parties desire to present this Petition to the Court for an order approving and entering the waiver and release specified herein and declaring the Parties' respective rights and obligations with respect thereto;

NOW THEREFORE

In consideration of the mutual covenants, representations, and other good and valuable consideration set forth below, the Parties petition the Court and agree as follows.

1. DEFINITIONS

For purposes of this Petition, the following terms shall have the meanings assigned:

"Waiver" means the relinquishment, release, or abandonment of the rights, claims, defenses, fees, or procedural requirements specifically described in Section 3 below.

2. PETITION FOR RELIEF

Petitioner petitions the Court for an order granting the Waiver requested herein and declaring that, upon entry of such order, the Parties shall be bound by the terms of the Waiver and shall be enjoined from taking any action inconsistent with the Waiver.

3. SCOPE OF WAIVER

The Parties agree that the Waiver sought is limited and specific. The Waiver applies to the following:

The Waiver expressly excludes any claims, rights, or defenses not specifically enumerated above. The Parties acknowledge that any ambiguity shall be construed against the drafting Party.

4. CONSIDERATION

In consideration for the Waiver, the Parties agree the following constitutes sufficient and bargained-for consideration:

Payment of the consideration described above shall be made in accordance with the schedule and manner set forth in the Notice section below and is a material inducement for the Waiver.

5. REPRESENTATIONS AND WARRANTIES

Each Party represents and warrants that it has full authority to enter into this Petition and to grant the Waiver requested; that the executing representatives are duly authorized; and that no other person or entity has a superior claim to the rights being waived.

6. MUTUAL WAIVER AND RELEASE

Upon entry of a Court order approving this Petition, each Party hereby releases and forever discharges the other Party from all claims, demands, actions, causes of action, obligations and liabilities specifically covered by the Waiver, whether known or unknown, asserted or unasserted, to the extent permitted by applicable law.

Waiver is mutual Waiver is unilateral (specify below)

7. INDEMNIFICATION

Each Party agrees to indemnify, defend and hold harmless the other Party from and against any liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees) arising out of or resulting from any breach of the representations, warranties or covenants contained in this Petition.

8. NOTICE OF COMPLIANCE AND IMPLEMENTATION

The Parties shall take all steps reasonably necessary to effectuate the Waiver and to obtain any Court approvals required. The Parties further request that the Court enter any orders necessary to enforce this Petition.

9. NOTICES

All notices, requests, consents and other communications required or permitted under this Petition shall be in writing and delivered to the addresses set forth above by personal delivery, nationally recognized overnight courier, certified mail (return receipt requested), or as otherwise agreed in writing, and shall be deemed given upon receipt.

10. GOVERNING LAW

This Petition shall be governed by and construed in accordance with the substantive laws of the State of , without regard to its choice-of-law principles. The Parties submit to the exclusive jurisdiction of the courts in that State for any dispute arising under this Petition.

11. ENTIRE AGREEMENT

This Petition constitutes the entire agreement and understanding between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous negotiations, agreements, representations and understandings, whether written or oral.

12. SEVERABILITY

If any provision of this Petition is held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Petition shall be reformed, construed and enforced in a manner that most nearly effects the Parties' intent.

13. AMENDMENT; WAIVER; COUNTERPARTS

No amendment or modification of this Petition shall be effective unless in writing and signed by both Parties. The failure of either Party to enforce any right shall not be deemed a waiver of that right. This Petition may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

14. FURTHER ASSURANCES

Each Party agrees to execute and deliver such further documents and to take such further actions as may be reasonably necessary to effectuate the purposes and intent of this Petition and any Court order entered in connection herewith.

CERTIFICATION

Each undersigned certifies under penalty of perjury that the information provided in this Petition is true and correct to the best of his or her knowledge, that the signatory is authorized to execute this Petition for the Party on whose behalf he or she signs, and that no material fact has been omitted.

Sign Now