MUTUAL RELEASE, WAIVER, AND QUITCLAIM
KNOW ALL MEN BY THESE PRESENTS:
This Mutual Release, Waiver, and Quitclaim (the "Quitclaim") is made and entered into this ________ day of _____________________, 20______ at City/Municipality of ___________________________, Province of ___________________________, by and between:
________, of legal age, Filipino, single, with residential address at ________, hereinafter referred to as the "First Party"
- and -
________, of legal age, Filipino, single, with residential address at ________, hereinafter referred to as the "Second Party"
The First Party and the Second Party shall be referred to as a "Party" individually and the "Parties" collectively.
WHEREAS, the Parties have a prior relationship based on an incident as described below (the "Incident");
WHEREAS, the Parties have chosen to enter into this Quitclaim in order to settle any and all claims arising out of the Incident;
NOW THEREFORE, in consideration of the obligations and covenants contained herein and other valuable consideration, the Parties do contract and agree as follows:
I. DETAILS OF THE INCIDENT
The details of the incident (the "Incident") to which this Quitclaim relates to are as follows:
________
The disputes and claims to which this Quitclaim relates arises from the Incident.
II. PAYMENT
The First Party shall pay the Second Party the sum of ________ (₱________), receipt of which in full is hereby acknowledged.
The Second Party shall pay the First Party the sum of ________ (₱________), receipt of which in full is hereby acknowledged.
III. SUFFICIENCY OF PAYMENT
Both Parties acknowledge the sufficiency of the Payment as consideration for this Quitclaim.
IV. MUTUAL RELEASE, WAIVER, AND QUITCLAIM
In consideration of:
A. the execution of this Quitclaim;
B. each Party's respective abandonment of its legal rights arising out of or in connection to the Incident; and
C. the receipt of the Payment;
the First Party and the Second Party mutually waive, release, and quitclaim the other Party, including its directors, officers, employees, agents, representatives, and successors, from any and all rights, causes of actions, claims, debts, demands, suits, actions, proceedings, interests, and other liabilities whatsoever, which each Party had, has, or may have against the other Party and its directors, officers, employees, agents, representatives, and successors arising out of or in connection to the Incident.
V. BAR TO FURTHER PROCEEDINGS
The Parties hereby agree that this Quitclaim may be pleaded as a full and complete defense to any claims, debts, demands, suits, actions, proceedings, or any liability which has been filed or may be filed against the other Party in connection to or arising out of the Incident.
VI. FULL AND FINAL SETTLEMENT
Each Party hereby expressly acknowledges and agrees that this Quitclaim and the Payment is for the full and final settlement and satisfaction of any and all claims for any losses, injuries, damages, or otherwise, which each Party may have against the other Party in connection to or arising from the Incident. Each Party agrees that they will not make any claim or take any action relating to the Incident against the other Party.
VII. NO ADMISSION
Nothing in this Quitclaim constitutes an admission of liability by either Party.
VIII. CONFIDENTIALITY
The Parties each, respectively, agree to keep the provisions of this Quitclaim confidential.
Notwithstanding the preceding paragraph, the Parties may disclose any details of this Quitclaim (the "Details") as follows:
A. to their respective legal or financial advisors ("Advisors") provided that the Party disclosing the Details to any such Advisors first ensures that those Advisors are legally bound to keep the Details confidential on terms at least as onerous as those contained in this Quitclaim; or
B. as otherwise required by law, by court order, or by requirement of any stock exchange or regulatory authority.
IX. LEGAL COSTS
Each Party must pay its own legal costs of and incidental to this Quitclaim.
X. 2888885555
5585 25522 85555228 2552:
________. 2522 552 5582 5525258225 22 22225 8222 2588 558288582;
________. 2522 25882 5252582525 252 22528 22 2588 558288582;
________. 2522 555 252 22225252822 22 282582 82522225222 82258 558882 82 52852822 22 252 2522258 555528825 82 2588 558288582 525 2522 555 282525:
________. 25222 8585 82522225222 82258 558882; 25
________. 2828225 222 22 2522 8585 82258 558882;
________. 2522 552 22225822 8222 2588 558288582 222882282, 252282, 525 82852255882 525 2552 2522 5582 222 8222 8255825 82 522 522528222528228 2552 82 252 22525 25522 25 82 522 2228825, 22282222, 58528225, 52222, 8222558225, 58882222, 858828825, 25 22525 52252822252882 22 252 22525 25522, 258222 58 25288525 82 2588 558288582.
XI. 28885 2885585
8282525 25522 85588 82 885882 22 252 22525 225 2588552 22 2252252 552 22 855828 822225 828 5258225882 8222528 828855822, 852 222 8828225 22, 5828 22 225, 5828 22 88888 55252582828, 5828 22 28882552 55252582828, 58228, 228552228, 5828 22 252552 525 2525558 588582258, 525 22525 5828 85885 252 82 552 22 5222528222 282228 25 252525 22528222 82585 222 82 5258225882 5828525.
XII. ASSIGNMENT
This Quitclaim, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or in party by either Party.
XIII. SUPPORTING DOCUMENTS AND ADDITIONAL ACTS
The Parties agree to execute such other documents as are reasonable and necessary for the proper implementation of this Quitclaim.
XIV. APPLICABLE LAW
This Quitclaim shall be governed by and construed in accordance with the laws of the Republic of the Philippines.
XV. WAIVER
Failure of either party to insist, in one or more instances, the strict performance of any of the terms of this Quitclaim, or to exercise any portion herein contained, shall thereafter not be construed as abandonment or cancellation or waiver of such term. No waiver shall be deemed to have been made unless expressed in writing and signed by either Party. No waiver of any term or provision of this Quitclaim shall constitute a waiver of any other term or provision or of the same provision on a future date.
XVI. COUNTERPARTS
This Quitclaim may be executed in counterparts, all of which constitute a single agreement. If the dates set forth at the signatures of this document are different, the Agreement shall be considered effective as of the date that both First Party and Second Party signed the Quitclaim.
XVII. SEVERABILITY
The invalidity of any portion of this Quitclaim will not and shall not be deemed to affect the validity of any other provision. In the event that any provision of this Quitclaim is held to be invalid, the Parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed subsequent to the expungement of the invalid provision.
XVIII. CUMULATIVE RIGHTS
The rights of the Parties under this Quitclaim and the law are cumulative and shall not be construed as exclusive unless otherwise required by law.
XIX. HEADINGS
Headings are for convenience only and do not affect the interpretation of this Quitclaim.
XX. VENUE OF ACTION
All actions arising out of or by virtue of this Quitclaim shall only be filed in the proper courts of ________, to the exclusion of all other courts.
XXI. SUCCESSORS AND ASSIGNS
This Quitclaim shall be binding on the successors and assigns of both Parties.
XXII. ENTIRETY OF AGREEMENT
This Quitclaim represents the entire agreement between the First Party and the Second Party and supersedes all prior negotiations, representations, agreements, either oral or written.
XXIII. AMENDMENTS AND MODIFICATIONS
This Quitclaim may be amended only by a written instrument signed and agreed upon by both Parties.
IN WITNESS WHEREOF, the Parties have hereunto affixed their signatures on the date and place first stated above.
________
________
Signed in the presence of:
________
ACKNOWLEDGEMENT
REPUBLIC OF THE PHILIPPINES )
PROVINCE OF ________________________ )
CITY OR MUNICIPALITY OF ________________________ )S.S.
BEFORE ME, a Notary Public, for and in the CITY OR MUNICIPALITY OF ________________________, ________________________, this _______ day of ________________________, 20______, personally appeared the following persons:
1. ________, with the following competent proof of identification: Driver's License with number ________ which expires on ________; and
2. ________, with the following competent proof of identification: Driver's License with number ________ which expires on ________
all known to me and to me known to be the same persons who executed the foregoing Mutual Release, Waiver, and Quitclaim constituting of _________ pages, including this page where the Acknowledgement is written, and they acknowledged to me that the same is their free and voluntary act and deed.
WITNESS MY HAND AND SEAL on the day and place first written above.
Doc No. ________;
Page No. ________;
Book No. ________;
Series of ________.
MUTUAL RELEASE, WAIVER, AND QUITCLAIM
KNOW ALL MEN BY THESE PRESENTS:
This Mutual Release, Waiver, and Quitclaim (the "Quitclaim") is made and entered into this ________ day of _____________________, 20______ at City/Municipality of ___________________________, Province of ___________________________, by and between:
________, of legal age, Filipino, single, with residential address at ________, hereinafter referred to as the "First Party"
- and -
________, of legal age, Filipino, single, with residential address at ________, hereinafter referred to as the "Second Party"
The First Party and the Second Party shall be referred to as a "Party" individually and the "Parties" collectively.
WHEREAS, the Parties have a prior relationship based on an incident as described below (the "Incident");
WHEREAS, the Parties have chosen to enter into this Quitclaim in order to settle any and all claims arising out of the Incident;
NOW THEREFORE, in consideration of the obligations and covenants contained herein and other valuable consideration, the Parties do contract and agree as follows:
I. DETAILS OF THE INCIDENT
The details of the incident (the "Incident") to which this Quitclaim relates to are as follows:
________
The disputes and claims to which this Quitclaim relates arises from the Incident.
II. PAYMENT
The First Party shall pay the Second Party the sum of ________ (₱________), receipt of which in full is hereby acknowledged.
The Second Party shall pay the First Party the sum of ________ (₱________), receipt of which in full is hereby acknowledged.
III. SUFFICIENCY OF PAYMENT
Both Parties acknowledge the sufficiency of the Payment as consideration for this Quitclaim.
IV. MUTUAL RELEASE, WAIVER, AND QUITCLAIM
In consideration of:
A. the execution of this Quitclaim;
B. each Party's respective abandonment of its legal rights arising out of or in connection to the Incident; and
C. the receipt of the Payment;
the First Party and the Second Party mutually waive, release, and quitclaim the other Party, including its directors, officers, employees, agents, representatives, and successors, from any and all rights, causes of actions, claims, debts, demands, suits, actions, proceedings, interests, and other liabilities whatsoever, which each Party had, has, or may have against the other Party and its directors, officers, employees, agents, representatives, and successors arising out of or in connection to the Incident.
V. BAR TO FURTHER PROCEEDINGS
The Parties hereby agree that this Quitclaim may be pleaded as a full and complete defense to any claims, debts, demands, suits, actions, proceedings, or any liability which has been filed or may be filed against the other Party in connection to or arising out of the Incident.
VI. FULL AND FINAL SETTLEMENT
Each Party hereby expressly acknowledges and agrees that this Quitclaim and the Payment is for the full and final settlement and satisfaction of any and all claims for any losses, injuries, damages, or otherwise, which each Party may have against the other Party in connection to or arising from the Incident. Each Party agrees that they will not make any claim or take any action relating to the Incident against the other Party.
VII. NO ADMISSION
Nothing in this Quitclaim constitutes an admission of liability by either Party.
VIII. CONFIDENTIALITY
The Parties each, respectively, agree to keep the provisions of this Quitclaim confidential.
Notwithstanding the preceding paragraph, the Parties may disclose any details of this Quitclaim (the "Details") as follows:
A. to their respective legal or financial advisors ("Advisors") provided that the Party disclosing the Details to any such Advisors first ensures that those Advisors are legally bound to keep the Details confidential on terms at least as onerous as those contained in this Quitclaim; or
B. as otherwise required by law, by court order, or by requirement of any stock exchange or regulatory authority.
IX. LEGAL COSTS
Each Party must pay its own legal costs of and incidental to this Quitclaim.
X. 2888885555
5585 25522 85555228 2552:
________. 2522 552 5582 5525258225 22 22225 8222 2588 558288582;
________. 2522 25882 5252582525 252 22528 22 2588 558288582;
________. 2522 555 252 22225252822 22 282582 82522225222 82258 558882 82 52852822 22 252 2522258 555528825 82 2588 558288582 525 2522 555 282525:
________. 25222 8585 82522225222 82258 558882; 25
________. 2828225 222 22 2522 8585 82258 558882;
________. 2522 552 22225822 8222 2588 558288582 222882282, 252282, 525 82852255882 525 2552 2522 5582 222 8222 8255825 82 522 522528222528228 2552 82 252 22525 25522 25 82 522 2228825, 22282222, 58528225, 52222, 8222558225, 58882222, 858828825, 25 22525 52252822252882 22 252 22525 25522, 258222 58 25288525 82 2588 558288582.
XI. 28885 2885585
8282525 25522 85588 82 885882 22 252 22525 225 2588552 22 2252252 552 22 855828 822225 828 5258225882 8222528 828855822, 852 222 8828225 22, 5828 22 225, 5828 22 88888 55252582828, 5828 22 28882552 55252582828, 58228, 228552228, 5828 22 252552 525 2525558 588582258, 525 22525 5828 85885 252 82 552 22 5222528222 282228 25 252525 22528222 82585 222 82 5258225882 5828525.
XII. ASSIGNMENT
This Quitclaim, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or in party by either Party.
XIII. SUPPORTING DOCUMENTS AND ADDITIONAL ACTS
The Parties agree to execute such other documents as are reasonable and necessary for the proper implementation of this Quitclaim.
XIV. APPLICABLE LAW
This Quitclaim shall be governed by and construed in accordance with the laws of the Republic of the Philippines.
XV. WAIVER
Failure of either party to insist, in one or more instances, the strict performance of any of the terms of this Quitclaim, or to exercise any portion herein contained, shall thereafter not be construed as abandonment or cancellation or waiver of such term. No waiver shall be deemed to have been made unless expressed in writing and signed by either Party. No waiver of any term or provision of this Quitclaim shall constitute a waiver of any other term or provision or of the same provision on a future date.
XVI. COUNTERPARTS
This Quitclaim may be executed in counterparts, all of which constitute a single agreement. If the dates set forth at the signatures of this document are different, the Agreement shall be considered effective as of the date that both First Party and Second Party signed the Quitclaim.
XVII. SEVERABILITY
The invalidity of any portion of this Quitclaim will not and shall not be deemed to affect the validity of any other provision. In the event that any provision of this Quitclaim is held to be invalid, the Parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed subsequent to the expungement of the invalid provision.
XVIII. CUMULATIVE RIGHTS
The rights of the Parties under this Quitclaim and the law are cumulative and shall not be construed as exclusive unless otherwise required by law.
XIX. HEADINGS
Headings are for convenience only and do not affect the interpretation of this Quitclaim.
XX. VENUE OF ACTION
All actions arising out of or by virtue of this Quitclaim shall only be filed in the proper courts of ________, to the exclusion of all other courts.
XXI. SUCCESSORS AND ASSIGNS
This Quitclaim shall be binding on the successors and assigns of both Parties.
XXII. ENTIRETY OF AGREEMENT
This Quitclaim represents the entire agreement between the First Party and the Second Party and supersedes all prior negotiations, representations, agreements, either oral or written.
XXIII. AMENDMENTS AND MODIFICATIONS
This Quitclaim may be amended only by a written instrument signed and agreed upon by both Parties.
IN WITNESS WHEREOF, the Parties have hereunto affixed their signatures on the date and place first stated above.
________
________
Signed in the presence of:
________
ACKNOWLEDGEMENT
REPUBLIC OF THE PHILIPPINES )
PROVINCE OF ________________________ )
CITY OR MUNICIPALITY OF ________________________ )S.S.
BEFORE ME, a Notary Public, for and in the CITY OR MUNICIPALITY OF ________________________, ________________________, this _______ day of ________________________, 20______, personally appeared the following persons:
1. ________, with the following competent proof of identification: Driver's License with number ________ which expires on ________; and
2. ________, with the following competent proof of identification: Driver's License with number ________ which expires on ________
all known to me and to me known to be the same persons who executed the foregoing Mutual Release, Waiver, and Quitclaim constituting of _________ pages, including this page where the Acknowledgement is written, and they acknowledged to me that the same is their free and voluntary act and deed.
WITNESS MY HAND AND SEAL on the day and place first written above.
Doc No. ________;
Page No. ________;
Book No. ________;
Series of ________.
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