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Release--Breach Of Contract
RELEASE--BREACH OF CONTRACT
CLAIMS--DISMISSAL OF PENDING ACTION
Release executed on [date of release], by [name of releasor], of [address of releasor], here referred to as releasor, in favor of [name of releasee], of [address of releasee], here referred to as releasee.
In consideration of the payment to releasor by releasee on execution of this release of the sum of $ [Amount to pay] Dollars, where an action has been filed on the claim, and the defendant in the action has interposed a countercliam 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 releasees counterclaim against releasor in the case of [First party of case] v. [Second party of case], Civil Case No. [Civil case number], in the [court's name], 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 [First party of case] v. [Second party of case], Civil Case No. [Civil case number], now pending in [court's name], 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 partys own costs.
Releasee specifically authorizes and directs releasee's attorney, [name of attorney], of [address of attorney], to execute in duplicate a dismissal with prejudice in the above-referenced case, and to deliver such dismissal to releasee's attorney, [name of attorney], of [address of attorney], contemporaneously with the execution of this release, in return for which releasees attorney shall deliver to releasors attorney, in duplicate, a dismissal with prejudice of releasees 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]