DEED OF WAIVER AND RELEASE
THIS DEED OF WAIVER AND RELEASE ("this Deed") is made on the ________ day of ________.
BY:
________, holder of means of identification number ________, of the following address:
________
(hereinafter referred to as "the Releasor", which expression shall, where the context so admits, include the Releasor's heirs, legal representatives, administrators, executors and assigns) of the one part.
IN FAVOUR OF:
________, of the following address:
________
(hereinafter referred to as "the Releasee", which expression shall, where the context so admits, include the Releasee's heirs, legal representatives, administrators, executors and assigns) of the other part.
WHEREAS:
(A) The Releasor and the Releasee have agreed to resolve and settle all matters arising out of or connected with the circumstances described in §2 of this Deed.
(B) The Releasor has agreed to waive, release and discharge the Releasee from the liabilities and claims set out in this Deed, upon the terms and conditions hereinafter appearing.
NOW THIS DEED WITNESSES AND IT IS HEREBY AGREED AS FOLLOWS:
§1. WAIVER AND RELEASE
1.1 In consideration of the sum of ________ (the receipt and sufficiency of which the Releasor hereby acknowledges) and/or other good and valuable consideration, the Releasor hereby irrevocably and unconditionally waives, releases, discharges and forever quits the Releasee from all manner of actions, causes of action, suits, claims, demands, debts, damages, costs, expenses and liabilities whatsoever, whether at law or in equity, whether present or future, known or unknown, arising directly or indirectly from the matters described in §2.
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§2. SUBJECT MATTER OF THE WAIVER AND RELEASE
2.1 The liabilities, damages and claims hereby waived and released are as follows:
________
2.2 The said matters arose on or about ________ at ________.
§3. ACKNOWLEDGEMENTS AND WARRANTIES OF THE RELEASOR
3.1 The Releasor has read and fully understands the contents and legal effect of this Deed.
3.2 The Releasor makes and executes this Deed freely and voluntarily, without any form of coercion, duress, undue influence, fraud or misrepresentation.
3.3 The Releasor is of full legal age and of sound mind, and is competent and duly authorised to execute this Deed, and intends to be legally bound by the terms herein contained.
3.4 The Releasor has been afforded the opportunity to obtain independent legal advice in respect of this Deed and the consequences thereof.
3.5 The Releasor confirms that no other person or entity has any interest in the claims hereby released and that the Releasor has not assigned, transferred or otherwise disposed of any of the said claims.
§4. FULL AND FINAL SETTLEMENT
4.1 This Deed is given and accepted in full and final settlement of all claims arising out of the matters described in §2.
4.2 The terms of this Deed shall not be construed as an admission of liability on the part of the Releasee.
§5. SEVERABILITY
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§6. GOVERNING LAW AND JURISDICTION
6.1 This Deed shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.
6.2 The parties submit to the jurisdiction of the High Court of ________ State of Nigeria in respect of any dispute arising out of or in connection with this Deed.
IN WITNESS WHEREOF the Releasor has executed this Deed as a deed and delivered the same on the day and year first above written.
SIGNED, SEALED AND DELIVERED by the within-named Releasor,
________
_____________________________
Signature of Releasor
In the presence of:
Name: ________
Address: ________
Occupation: ________
_____________________________
Signature of Witness