Deed of release

Nen2x 1,660 views 3 slides Jun 21, 2010
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Page 1 of 3 
Legal Documents series of 2010 

DEED OF RELEASE
_______________________________________________________________________

[insert 1
st
party], accompany incorporated in [insert] and whose registered address is
(insert physical address) and [postal address], AND

[insert 2
nd
party], a company incorporated in (insert) and whose registered address is
(insert physical address) and postal address (insert P.O Box).

BACKGROUND
________________________________________________________________________

A. (Name of 1
st
Party) and the (Name of 2
nd
Party) have entered into agreement
described in the attached Schedule.

B. The 2
nd
party has asked 1
st
party to make the final payment on the basis that the
2
nd
party gives to 1
st
party the warranties and release contained in this deed.

OPERATIVE PART
________________________________________________________________________

Interpretation
1. Defined terms and the interpretation of this Deed are the same as Contract.

2. Contract means the agreement between 1
st
party and the 2
nd
party dated (insert)
and constituted by the Contract Documents as defined in the Contract.

Warranties
3. The 2
nd
party warrants each of the following:

3.1 The 2
nd
party has paid all amounts due and owing to any third party in
respect of all work, the supply of Goods, materials and services to the 2
nd

party for the performance of the 2
nd
party's obligations under the Contract.

3.2 At the date of this Deed, the 2
nd
party has made claim for all entitlements
relating to the performance of the Contract, whether known or not, due
under or related to the Contract as money or extensions of time or as
damages, for any matter or event which has arisen prior to the date of this
Deed.

3.3 The final adjusted sum payable to the 2
nd
party by the 1
st
party under
related or associated to the Contract is set out in the Schedule to this Deed.

Page 2 of 3 
Legal Documents series of 2010 

Release
4. The Subcontract releases 1
st
party from any claim, action or demand arising from
or in any way connected with the Contract and the performance of the Contract.

Bar to proceedings
5. The Subcontractor acknowledges that 1
st
party may plead this Deed as a bar to
any Claim, proceedings, action or application commenced or continued by the
Subcontractor in relation to the Contract.

Acknowledgement
6. The Subcontractor acknowledges that:
6.1 it has entered into this Deed in accordance with its obligations under the
Contract;
6.2 it has not entered into this Deed as a result of any representation or
inducement made to it by Multiplex, its servants or agents, nor under any
duress; and
6.3 this release does not relive it of its obligations under the Contract, nor does
it restrict the rights of the 1
st
party under the Contract.

Page 3 of 3 
Legal Documents series of 2010 


Executed as a Deed

Dated this _______________ day of __________


SIGNED by as authorized representative for )
1
st
party, in the presence of: ) .................. ..............................
) Signature
)
) .......................................... ......
............................................................................. ) Name
Signature of Witness )
)
) Company Stamp
............................................................................. )
Name of witness (block letters) )
)
)
)

SIGNED by authorized representative for )
2
nd
party in the presence of: ) ................... .............................
) Signature
)
............................................................................. ) ................................................
Signature of Witness ) Name
)
)
)
)
.............................................................................. ) Company Stamp
Name of witness (block letters) )
)
)
)