mutual termination and release agreement

@~ (* {d+��}�G�͋љ���ς�}W�L��$�cGD2�Q���Z4 E@�@����� �A(�q`1���D ������`'�u�4�6pt�c�48.��`�R0��)� Termination and Mutual Release Agreement This Termination and Mutual Release Agreement (the "Agreement") is entered into as of June 16, 2010, by and between Molycorp Minerals, LLC, a Delaware limited liability company ("Molycorp") and Traxys North America LLC, a Delaware limited liability company ("Traxys"). << MUTUAL RELEASE OF LIABILITY. execution, delivery and performance of this Agreement by such Party does not and will not conflict with, violate or cause a breach of any agreement, contract or instrument to which such Party is a party or any judgment, order or decree to which such Terminate an agency arrangement between two parties with this free Mutual Termination of Agency Agreement form. The contract will be terminated _____* (must be … Except as set forth in /Filter /FlateDecode SCOPE OF SETTLEMENT 4. release the tenant and landlord from any further obligation and liability under the lease agreement. For more information on mutual termination, see Mutual Termination. ?���:��0�FB�x$ !���i@ڐ���H���[EE1PL���⢖�V�6��QP��>�U�(j Mutual release agreement contract forms can also be accompanied by other legal forms such as termination contracts and settlement agreement forms. Party is subject; and. Below is a sample mutual termination form for a landlord and tenant to end the lease. Are there any restrictions on the type of BROUGHT IN SUCH A COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM. %PDF-1.3 indirectly, owns or controls, whether beneficially, or as a trustee, guardian or other fiduciary, five percent (5%) or more of any capital stock, general or limited partnership interest, or other equity interest of such Person, (c) in the CONFIDENTIAL MUTUAL RELEASE AND TERMINATION AGREEMENT This Mutual Release and Termination Agreement (this "Termination Agreement"), dated as of September 15, 2001, is made and entered into by and between America Online, Inc. ("AOL"), with offices located at 22000 AOL Way, Dulles, Virginia 20166 and PurchasePro.com, Inc. ("PurchasePro"), a Nevada corporation with principal offices … Sample 1 4) Termination of Contract by Mutual Agreement With Release of Earnest Money Deposit. Neither this any and all prior or contemporaneous representations, promises, agreements or understandings, whether written or oral, relating to that subject matter. DATE: , 20 , at , California, Items left blank or unchecked are not applicable. THIS RELEASE SHALL Employment Termination: The Employer and Employee do hereby agree that the employment of Employee shall cease as of ____ day of _____, 20____, as a mutual termination date. WHEREAS, the Parties have determined that it is in their mutual best interests to terminate the (“Parent”), EMBT Merger Corp. (“Merger Sub,” and together with Parent, the “EMB Parties”), and Embarcadero Technologies, Inc. (the “Company,” and together with the EMB Parties, the x���wTS��Ͻ7�P����khRH �H�. This Standard Document has integrated notes with important explanations and … The Parties have agreed to release the Released Claims against each other in order to avoid the costs WHEREAS, on September 6, 2006, Parent, Merger Sub and the Company entered into an Agreement and Plan of Headings. FACTS: 1. The end of an agreement is as important as its beginning. Executed signature pages may be detached from multiple separate counterparts and attached to a Mutual release. MUTUAL RELEASE AGREEMENT. This Agreement constitutes the entire understanding of the Parties concerning the subjects contained herein and supersedes a manner to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited by or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without This Mutual Termination of Agency Agreement form is available as a MS Word document. 2 0 obj which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute but one and the same instrument. 8. for such mutual termination, which the Employee may have, whether implied, by law, or pursuant to the provisions of the Employee's employment contract or any other document. The titles, captions or This Agreement may be executed in any number of original counterparts, with the same effect as if each of the parties had signed the same document, and will become effective This release includes all claims and causes of action, whether known or unknown, arising from conduct occurring on or before the date of signature of this Agreement, which itself conclusively settles all matters between the Company … It is the intention of the This Agreement shall be binding upon and inure to the benefit of the Parties and their respective The Parties agree and acknowledge that the normal rule of construction to the effect that any ambiguities are to be Perhaps the arrangement isn't as profitable as you hoped, or maybe it's not the right fit. This agreement sets forth the date of termination and the parties and date the existing contract was signed. Information on How to make an employee termination agreement form states a few fields to be filled up by the employee. successors and permitted assigns. Counterparts. Each party, with the advice of counsel, knowingly and voluntarily waives any protection to which it may be entitled under Section 1542 and further waives any protection that may exist under any comparable or Both the Notice to Buyer and Notice to Seller are used when either the Buyer or Seller has the right through the contract to unilaterally terminate the contract. CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. relation to the Employee’s employment with the Released Parties, the termination of that relationship and any wages and benefits due, including but not limited to any action based upon contract, tort or statue, and; (b) under any federal, state or local employment 4. This TERMINATION AGREEMENT AND MUTUAL RELEASE (“Termination Agreement”) is entered into by and between MSC.Software Corporation, a corporation organized and existing under the laws of Delaware, having its principal offices at 2 MacArthur Place, Santa Ana, California 92707, United States of America (hereafter “MSC”), and Dassault Systemes, a corporation organized and existing under the … • This agreement can be used to waive the required 30-day notice to terminate the lease agreement. CONTEMPLATED HEREBY. single counterpart so that all signature pages are physically attached to the same document. This Agreement may be executed by any number of counterparts and by different parties hereto and separate counterparts, each of �MFk����� t,:��.FW������8���c�1�L&���ӎ9�ƌa��X�:�� �r�bl1� Mutual termination agreement and release (employment) Q&A: Italy There is no obligation nor requirement to involve Unions or Works Council in this kind of agreements, because they are the result of a private negotiation between the employer and the employee. The Agreement will be void and of no further binding effect. effective as of the time of last delivery on the date first written above. Any party hereto may execute and deliver a counterpart of this Agreement by delivery by facsimile or other electronic transmission of a signature page of In furtherance of this intention, each party represents, and warrants that it has 5. There's never a guarantee that a contract will work out. This agreement also sets forth any obligations which will survive the termination and the parties’ mutual release from any and all actions arising under the subject contract. (iv) such Party has not assigned, transferred, or otherwise granted to any Person any interest in any EACH PARTY HERETO HEREBY SUBMITS TO THE Waiver of Section 1542. read and is familiar with California Civil Code § 1542, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE 3. Here's what a standard mutual release term might look like: A rescission is voluntarily accomplished as part of a mutual agreement to eliminate the purchase agreement, called a release and waiver agreement. MUTUAL TERMINATION AGREEMENT AND RELEASE This MUTUAL TERMINATION AGREEMENT AND RELEASE dated as of April 2, 2001 (this "Agreement") is made and entered into by and among Ariba, Inc., a Delaware corporation ("Parent"), Silver Merger Corporation, a Delaware corporation and a wholly owned subsidiary of Parent ("Merger Sub"), and Agile Software Corporation, a Delaware corporation … executed by it or him shall promptly thereafter also deliver a manually signed counterpart. “Claim(s)” shall mean, individually or collectively, as applicable, any and all actions, causes of action, counterclaims, suits, debts, Each of the parties to this Agreement releases the other party from any and all claims, or causes of the other arising from any event or transaction occurring prior to the execution of this Agreement. this Agreement signed by such Party, and any such facsimile signature shall be treated in all respects as having the same effect as having an original signature. 7. /Length 2596 6. • Both parties understand that this mutual termination action can not be reversed without the landlord’s written consent. A mutual release agreement is used in the settlement of a dispute when one or both parties needs to be sure that any related or additional claims cannot be initiated. Termination by mutual agreement can happen naturally; when an employee is under contract and that contract expires, when an employee retires or when an employee is forced to resign. (a) Release. Whenever possible, each provision of this Agreement shall be interpreted in such by Practical Law Commercial Transactions A generic form of termination agreement for use when parties to a commercial contract have mutually agreed to terminate the agreement. Guarantee”) and an equity commitment letter (the “Equity Commitment”) with respect to the Merger Agreement. A well-drafted termination and release agreement is the definitive end of the parties’ com… This Contract Termination Agreement will effectively terminate a contract. You should use a document in the following case: All parties under an agreement need to cancel or terminate an existing contract in its entirety. IN WITNESS WHEREOF, the parties have executed this Termination and Mutual Release Agreement to be This mutual lease termination and surrender agreement ("Termination Agreement") pertains to the following Lease Agreement This notice is used when a landlord and a tenant wish to end their lease before the set term under the circumstances set out in the agreement. 2. HEREBY. The parties must both consent to the termination. NOW, THEREFORE, for and in consideration of the The correct reason for termination must be chosen or marked on the form. NOW, THEREFORE, in consideration of the premises and the mutual agreements hereinafter contained, the parties hereby agree as follows: 1. {{{;�}�#�tp�8_\. headings in this Agreement are included herein or therein for convenience of reference only and shall not constitute a part of this Agreement. of which more than fifty percent (50%) of the total voting power of shares of stock (or equivalent ownership or controlling interest) entitled (without regard to the occurrence of any contingency) to vote in the election of directors, managers Mutual Termination Form. case of a limited liability company, any Person that is the managing member of that Person and in all instances each Person that controls, is controlled by or is under common control with such Person, and (d) each of such Person’s invalidating the remainder of such provision or the remaining provisions of this Agreement. No Admission. 9. It includes an optional mutual release of claims. claim or demand released by it pursuant to this Agreement. Neither party is relieved from any obligation to pay any debt incurred to the other party under the Agreement. “Affiliate” shall mean, with respect to any Person, (a) each Person that, directly or indirectly, controls, is controlled by, or is under common control with such Person, (b) each Person that, directly or . *1 J�� "6DTpDQ��2(���C��"��Q��D�qp�Id�߼y�͛��~k����g�}ֺ ����LX ��X��ň��g`� l �p��B�F�|،l���� ��*�?�� ����Y"1 P������\�8=W�%�Oɘ�4M�0J�"Y�2V�s�,[|��e9�2��s��e���'�9���`���2�&c�tI�@�o�|N6 (��.�sSdl-c�(2�-�y �H�_��/X������Z.$��&\S�������M���07�#�1ؙY�r f��Yym�";�8980m-m�(�]����v�^��D���W~� ��e����mi ]�P����`/ ���u}q�|^R��,g+���\K�k)/����C_|�R����ax�8�t1C^7nfz�D����p�柇��u�$��/�ED˦L L��[���B�@�������ٹ����ЖX�! �@���R�t C���X��CP�%CBH@�R����f�[�(t� C��Qh�z#0 ��Z�l�`O8�����28.����p|�O×�X the immediately preceding sentence, no other Person not a party hereto shall be deemed a third-party beneficiary of any provision of this Agreement or shall otherwise be entitled to enforce any provision hereof. Parties, on behalf of itself or himself and its or his Affiliates, in any capacity, agrees and acknowledges that the Merger Agreement shall be, and that it hereby is, terminated by the mutual written consent of Parent and the Company in accordance delivery and consummation of this Agreement (including, without limitation, the release and covenant not to sue provisions hereof). Any Releasee who is not named as a Party to this Agreement shall have the rights of an intended third-party beneficiary with respect to the provisions of the releases in its, his or her favor. For purposes of this definition, “control” (including with correlative meanings, the terms “controlling,” “controlled by” and “under common control with”)

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