Waiver of claim

A "waiver of claim" clause is a contractual provision in which a party agrees to relinquish the right to assert certain claims or demands against the other party. This clause helps in reducing potential legal disputes by ensuring that the parties involved cannot later bring up the waived claims in legal proceedings.

8 Waiver of claim examples

  • Description
    Waiver of Claim. The Company hereby acknowledges and agrees that neither it nor its subsidiaries, agents, attorneys, shareholders, advisors, officers, directors, employees, affiliates, predecessors, successors, and assigns (collectively, as the “Company Parties”) has any offsets, defenses, claims, or counterclaims against YA or its investment manager, or their respective agents, attorneys, shareholders, managers, members, advisors, officers, directors, employees, affiliates, partners, predecessors, successors, and assigns (collectively, as the “Released Parties”), with respect to the Convertible Debentures, the Securities Purchase Agreement, the transactions set forth or otherwise contemplated in this Agreement, or otherwise, and that if any Company Party now has, or ever did have, any offsets, defenses, claims, or counterclaims against any of the Released Parties, whether known or unknown, at law or in equity, from the beginning of the world through this date and through the time of execution of this Agreement, all of them are hereby expressly WAIVED, and each Company Party hereby RELEASES each of the Released Parties therefrom.
    Document
    Jiuzi Holdings, Inc. (JZXN)
  • Description
    Compensation; Waiver of Claims Against Trust Account. In consideration for providing the Services, RHGM will receive $300,000 per year for the term of this Agreement, paid in four equal quarterly payments in advance, with each quarterly payment due and payable following receipt of invoice on the first day of the month of each calendar quarter (with the first month of each calendar quarter being, respectively, January 1, April 1, July 1, and October 1), or the pro rata share thereof.
    Document
    RedBall Acquisition Corp.
  • Description
    The waiver of claim on the assets of the SPAC shall not apply to any funds that have been released from the Trust Account other than such funds that have been released pursuant to a shareholder redemption.
    Document
    McLaren Technology Acquisition Corp.
  • Description
    Waiver of Claim. To the extent permitted by applicable Requirements of Law, no party to this Agreement shall assert, and each hereby waives, any claim against any other party hereto, any Loan Party and/or any Related Party of any thereof, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement or any agreement or instrument contemplated hereby, the Transactions, any Loan or the use of the proceeds thereof, except, in the case of any claim by any Indemnitee against the Borrower, to the extent such damages would otherwise be subject to indemnification pursuant to the terms of Section 9.03.
    Document
    Claros Mortgage Trust, Inc. (CMTG)
  • Description
    Waiver of Claim for Compensation. Subject to the terms and provisions of Sections 18 and 19, Tenant waives any and all claims for payment or other compensation, whether during the Term or any Renewal Term or at the termination of the Lease, for the loss of ownership to Landlord of any property located in or on the Land, including without limitation (i) any buildings, improvements or other constructions, or (ii) any things incorporated in or attached so as to become a component part of the immovable property.
    Document
    CRACKER BARREL OLD COUNTRY STORE, INC (CBRL)
  • Description
    Waiver of Claim. Notwithstanding anything to the contrary set forth herein, to the extent permitted by applicable law, no party to this Agreement shall assert, and each hereby waives, any claim against any other party hereto or any Related Party thereof, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement or any agreement or instrument contemplated hereby, the Loan or the use of the proceeds thereof, except, in the case of a claim by any Indemnitee against the Borrower or any other Loan Party, to the extent such damages would otherwise be subject to indemnification pursuant to the terms of Section 8.03.
    Document
    American Water Works Company, Inc. (AWK)
  • Description
    Waiver of claim by Member. Each Member agrees to waive any claim or right of action such Member might have, whether individually or by or in the right of the Company, against any Director or Officer on account of any action taken by such Director or Officer, or the failure of such Director or Officer to take any action in the performance of his duties with or for the Company, PROVIDED THAT such waiver shall not extend to any matter in respect of any fraud or dishonesty which may attach to such Director or Officer.
    Document
    BUNGELTD
  • Description
    Exclusion of Indirect Damages; Waiver of Claim for Insured Damage or Loss. A Party that breaches this Agreement will only be liable to the other Party for direct damages arising from the breach. Each Party waives any right to recover consequential, incidental, indirect, exemplary, punitive or any other types of indirect damages from the other Party for a breach of this Agreement. Notwithstanding the preceding sentences, this Subsection will not limit the liability of a Party for any amount or type of damages for: (1) the defense and indemnification of an Indemnified Claim on which the Party is the Indemnifying Party; (2) infringement by the Party on the intellectual property of the other Party; (3) the unauthorized disclosure or use by the Party of the Confidential Information of the other Party; (4) payment or reimbursement of any amount expressly required to be paid or reimbursed by the Party under a provision of this Agreement; or (5) the intentional misconduct of the Party in violation of Applicable Laws.
    Document
    Reynolds Consumer Products Inc. (REYN)

What is a Waiver of Claim?

A Waiver of Claim is a legal document or a clause within a contract where one party voluntarily relinquishes the right to pursue any claims against another party. This is often utilized to prevent future disputes and claims, ensuring that one or both parties do not hold liabilities or seek legal recourse for certain obligations or incidents.

When should I use a Waiver of Claim?

You might consider using a Waiver of Claim in several situations, such as:

  • Settlements: When settling disputes, a waiver ensures that neither party can file further claims related to the issue.
  • Insurance: To waive further claims after receiving a settlement for damages.
  • Event Participation: When individuals participate in activities that entail risk, organizers use waivers to protect against future claims.
  • Project Completion: Contractors might use a waiver to affirm they have received full payment and release the client from further claims.

How do I write a Waiver of Claim?

Writing a Waiver of Claim typically involves the following steps:

  1. Identify the Parties: Clearly state the names of the parties involved.
  2. State the Intent: Explicitly mention that the document is a waiver of claim.
  3. Detail the Scope: Specify what claims are being waived. This includes past, present, and future claims.
  4. Include Consideration: In some jurisdictions, a waiver must include something of value exchanged between the parties.
  5. Provide a Clause for Acceptance: Ensure there is space for signatures to confirm acceptance.

Example: “The undersigned hereby waives any and all claims against [Party Name] arising out of or related to [Event/Incident].”

Which contracts typically contain a Waiver of Claim?

Contracts that often contain a Waiver of Claim include:

  • Settlement Agreements: To formally resolve disputes and prevent future claims.
  • Release Forms: Used in various industries, particularly in entertainment and sports.
  • Construction Contracts: To confirm that contractors have been paid in full and release liability from the owner.
  • Employment Contracts: Sometimes used upon an employee’s termination or resignation to prevent future litigation.

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More Clauses from the Library

Dive deeper into the world of clauses and learn more about these other clauses that are used in real contracts.

Waiver of confidentiality

A waiver of confidentiality clause allows parties to a contract to agree that certain confidential information can be disclosed under specified conditions, effectively lifting the obligation of confidentiality. This clause typically outlines the scope, purpose, and potential limitations of such disclosures to ensure mutual understanding and consent.

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Waiver of damages

A waiver of damages clause is a provision in a contract where one or both parties agree not to hold each other liable for certain types of damages that may arise from a breach or other contract-related issues. This clause is typically used to limit financial exposure and encourage mutually beneficial risk management.

8 example clauses

Waiver of homestead

A waiver of homestead clause is a contractual provision where an individual voluntarily relinquishes their right to claim a homestead exemption, which typically protects a portion of their primary residence from creditors in case of debt collection or bankruptcy. By agreeing to this waiver, the individual allows creditors to bypass the homestead protection and potentially seize or sell the property to satisfy outstanding debts.

7 example clauses