RELEASE
BREACH
OF CONTRACT CLAIMS
DISMISSAL
OF PENDING ACTION
Release
executed on __________ (date), by _________________________________ (name), of
____________________________________________________ (address), here referred
to as releasor, in favor of _______________________________ (name), of __________________________________________________________
(address), here referred to as releasee.
In
consideration of _____________________________________________________ (recite
thing, act, promise or amount of money in return for which release is being
given, for example: the payment to releasor by releasee on execution of this
release of the sum of __________ Dollars ($__________)), ____________ (where
consideration is money, add: the receipt of which is hereby acknowledged,)
______________ (where an action has been filed on the claim, and the defendant
in the action has interposed a counterclaim that is being dismissed as part of
the consideration for the release, add: and in further consideration of the
execution by releasee of a dismissal with prejudice of releasee’s counterclaim
against releasor in the case of ________________________ v.
____________________________, Civil Case No. ___________________, in the
__________________ (specify court),) releasor, for ____________ (himself or
herself) and __________ ( _____________ (his or her) heirs, legal
representatives and assigns), releases and forever discharges releasee,
__________________ ( __________ (his or her) heirs, legal representatives and
assigns), from all claims, demands and causes of action that releasor may now
have or that might subsequently accrue to releasor arising out of or connected
with, directly or indirectly, that certain contract dated __________, entered
into between releasor and releasee.
This
release includes, but is not limited to, all claims and actions based on a
breach of such contract as set forth and alleged in a ________________
(complaint or petition or declaration) filed in the action entitled
_____________________________________ v. _________________________________,
Civil Case No. __________, now pending in ________________ (specify court),
which ________________ (complaint or petition or declaration) is hereby
incorporated by reference into this release for greater certainty.
By
this release, releasor is specifically releasing only _____________ (his or
her) claim against releasee, ____________________________________ ( __________
(his or her) heirs, legal representatives and assigns). Releasor expressly
reserves any claim, right or cause of action that ___________________ (he or
she) may have against any individual, organization, firm or corporation other
than releasee named in this release, and releasor expressly reserves any right
that _____________ (he or she) may have to proceed against any other party.
This
release shall forever settle, adjust and discharge all claims of releasor
against releasee, and the above designated case shall be dismissed with
prejudice, each party to pay that party’s own costs.
Releasee
specifically authorizes and directs releasee’s attorney, ____________________
__________________ (name), of _________________________________________
(address), to execute __________________ (in duplicate) a dismissal with
prejudice in the above-referenced case, and to deliver such dismissal to
releasor's attorney, ______________________________ (name), of
____________________________________________________________ (address),
contemporaneously with the execution of this release __________ (where an
action has been filed on the claim, and the defendant in the action has
interposed a counterclaim that is being dismissed as part of the consideration
for the release, add: , in return for which releasee’s attorney shall deliver
to releasor’s attorney, in duplicate, a dismissal with prejudice of releasee’s
counterclaim against releasor in the above-referenced action).
In
witness whereof, releasor executes this release at ___________________
(designate place of execution) on the day and year first above written.
_____________________________________ ______________________
Signature Date
(Attach statement of attorney, if desired)
