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This is a generic form of termination agreement for use when parties to a commercial contract have mutually agreed to terminate the agreement. It includes an optional mutual release of claims.
If the seller refuses to sign a mutual release, the buyer may be left to pursue a court order despite the clear wording of the contract.
A mutual agreement is a binding contract between two or more parties and can cover any contingency. The difference between a mutual agreement and a settlement not creating a trust, is determined by the operative words, ie "mutually agrees" or "settles".
A mutual release permits both parties to stop pursuing their claims against each other, including both future and current claims. Depending on the agreement you draft and what conditions it includes, parties may reserve the right to file claims for issues that haven't yet arisen related to the current dispute.
A mutual release is a document designed to be signed by both the buyers and sellers to cancel an agreement of purchase and sale. When executed, this document cancels the agreement and ?releases? all parties from any future liabilities or claims.