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How will disputes under this agreement be resolved?


 

This clause 8 is a settlement agreement (vaststellingsovereenkomst) as set forth in section 7:900 et seq. of the Dutch Civil Code.

  1. Miscellaneous
  2. Explanation to Article III

    Article III provides for miscellaneous provisions.

    An important point to consider is whether or not the parties would like to allow the possibility to terminate or rescind the agreement. The template therefore provides for a non-termination/non-rescission clause. If the parties would like to allow the possibility to rescind or terminate the agreement in accordance with Dutch law, they should delete article III.11. We note that in that situation a party is free to rescind the agreement if the other party does not perform under the agreed provisional measures after having been summoned to do so within a specific period of time. This may lead to further disputes. The template provides for specific performance as a remedy.

    The agreement is governed by Dutch law. This template should not be used if the law of another country is chosen. The template will then need to be adjusted to the specific requirements of that legal system.

    It is also important to agree which court or arbitral tribunal is competent to hear claims in relation to the (non)performance of the agreement, and that that will be the same court or arbitral tribunal that is competent to hear claims in relation to the already existing legal relationship.

  1. Each Party shall bear its own costs and expenses in connection with the negotiation, preparation and conclusion of this Agreement.
  2. To the extent permitted under the applicable law, the Parties herewith renounce their rights to terminate (beëindigen), rescind (ontbinden), nullify (vernietigen) or demand in legal proceedings the termination (beëindiging), rescission (ontbinding), nullification (vernietiging) or modification (wijziging), in whole or in part, of this Agreement on whatever grounds and for whatever reason, including without limitation termination or rescission based on sections 6:265, 6:228, and/or 6:258 et seq. of the Dutch Civil Code.
  3. No Party may assign any or all of its rights and obligations under this Agreement without the prior written approval of the other Party. This provision has property-law effect as set forth in section 3:83 paragraph 2 of the Dutch Civil Code.
  4. This Agreement shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions.
  5. Please make a choiche above on how disputes will be resolved.

As agreed on
,

Party AParty B
By:

Title:
By:

Title:

Terms of use

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