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Employment Mutual Release Agreement

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Employment Mutual Release Agreement

Employment Mutual Release Agreement

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Sample Text: (Formatting does not match the actually Forms)

EMPLOYMENT MUTUAL
GENERAL RELEASE AGREEMENT



THIS AGREEMENT AND MUTUAL GENERAL RELEASE (the “Release”) is

made and entered into at: _________________________________________________________

and is made this _____ day of ____________, 20 ___, by

1. THE PARTIES TO THIS AGREEMENT ARE:


1.1 THE COMPANY:

Full Name(s):
________________________________________________________________________

Physical Address:
________________________________________________________________________
________________________________________________________________________


1.2 THE EMPLOYEE:

Full Name:
________________________________________________________________________

Physical Address:
________________________________________________________________________
________________________________________________________________________

RECITALS

The following are a description of the recitals of claims, contracts, actions, suits, demands, agreements, liabilities, proceedings, dispute, and/or grievance:



















































** In order to avoid the cost and expense of protracted litigation, the parties hereto, acting in good faith, desire to fully and forever settle, resolve and dispose of any and all claims, demands, and/or causes of action asserted, existing or claimed to exist as between them by reason of or in any way related to the above listed RECITALS, or by reason of any other matter or thing arising or existing up to and including the date of this release, and to provide for the final resolution of the dispute that has arisen between them the following AGREEMENT has been reached.

AGREEMENT

In consideration of the mutual promises and covenants hereinafter contained, it is agreed by and between the parties hereto as follows:

AGREEMENT - SECTION A:













































































AGREEMENT - SECTION B:

1. Each of the parties hereto represents and warrants to the other party that it has not assigned, transferred or purported to assign or transfer to any person, corporation, or other legal entity, either voluntarily or involuntarily, any claim, cause of action or right based on or arising out of or in connection with any matter, fact or thing as to which this Release is given.

2. Each of the parties hereto further agrees and acknowledges that the facts in respect to

which it has executed this Release and which it now knows or believes to be true, may in fact be or may subsequently be discovered by it to have been different from the facts now known or believed by it to be true; and, each party hereby accepts the risk and possibility that such may be the case, and agrees that this Release shall not be subject to rescission, cancellation, avoidance, or modification by reason of any difference in facts.

3. Each of the parties hereto expressly waives and relinquishes all of the rights and benefits which it might otherwise have or claim to have under the provisions of Section 1542 of the California Civil Code, which provides as follows:

A general release does not extent to claims which the creditor does not know
or suspect to exist in his favor at the time of executing this release, which if
known by him must have materially affected his settlement with the debtor.

4. Should any party hereto commence or maintain any action at law or in equity (including counterclaims or cross-complaints) against the other party hereto by reason of the breach or claimed breach of any term or provision of this Release, the prevailing party in said action shall be entitled to recover court costs, together with such sums as shall be fixed by the court in said action as and for its reasonable attorneys’ fees incurred therein.

5. This Release shall be construed and interpreted under and according to the laws of the State of California.

6. This Release is and shall be binding upon and shall inure to the benefit of the predecessors, successors, subsidiaries, affiliates, representatives, assigns, directors, officers, agents, attorneys or employees of each of the parties, his heirs, attorneys, and assigns.

7. Except as otherwise expressly set forth herein, nothing contained in this Release is intended to confer upon any person or entity, other than the parties hereto and their successors in interest, any rights or remedies under or by reason of this Release.

8. This Release constitutes the entire agreement between the parties with regard to the subject matter hereof, there being no oral, collateral, or supplemental agreement concerning the subject matter hereof. This Release may not be altered, amended, modified or otherwise changed in any respect or particular, as to any party, except by a writing duly executed by each party affected thereby.

9. Each of the parties hereto acknowledges that this Release affects the settlement of disputed claims, and each of the parties hereto agrees and acknowledges that this Release shall not be construed as an admission on the part of either party hereto, or as a concession by either party hereto that any of the contentions of any adverse party are true or meritorious.

10. This Release may be executed in two or more counterparts, each counterpart being executed by less than both of the parties hereto, and shall be equally effective as if a single original had been signed by all parties; but all such counterparts shall be deemed to constitute a single Release and this Release shall not be or become effective unless and until each of the signature parties below shall have signed at least one such counterpart and caused the counterpart so executed to be delivered to counsel for the adverse party. A fax signature shall have the same force and effect as an original.

11. Each of the parties hereto represents and warrants to the other party hereto that the execution of this Release has been duly authorized by requisite corporate actions, and that each of the persons executing this Release on behalf of the respective parties hereto, is, likewise, duly authorized to do so.

12. In executing this Release, the parties hereto have acknowledged they have consulted with and had the advise and counsel of attorneys duly licensed to practice law in all the courts of the state of California, and that they have executed this Release after independent investigation and without fraud, duress, or undue influence.

IN WITNESS WHEREOF, this Release is executed by the parties hereto as of the day and year first above written.


COMPANY/EMPLOYER(s):

Name(s):

______________________________________________________________________________


By _____________________________________________
Signature Date

By _____________________________________________
Signature Date

By _____________________________________________
Signature Date

EMPLOYEE:

Name:

______________________________________________________________________________


By _____________________________________________
Signature Date






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