RELEASE BREACH OF CONTRACT CLAIMS DISMISSAL OF PENDING ACTION
Release executed on __________ (date), by _________________________________ (name), of ____________________________________________________ (address), here referred to as releasor, in favor of _______________________________ (name), of __________________________________________________________ (address), here referred to as releasee.
In consideration of _____________________________________________________ (recite thing, act, promise or amount of money in return for which release is being given, for example: the payment to releasor by releasee on execution of this release of the sum of __________ Dollars ($__________)), ____________ (where consideration is money, add: the receipt of which is hereby acknowledged,) ______________ (where an action has been filed on the claim, and the defendant in the action has interposed a counterclaim 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 releasee’s counterclaim against releasor in the case of ________________________ v. ____________________________, Civil Case No. ___________________, in the __________________ (specify court),) 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 _____________________________________ v.
_________________________________, Civil Case No. __________, now pending in ________________ (specify court), 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 party’s own costs. Releasee specifically authorizes and directs releasee’s attorney, ____________________ __________________ (name), of _________________________________________ (address), to execute __________________ (in duplicate) a dismissal with prejudice in the above-referenced case, and to deliver such dismissal to releasor's attorney, ______________________________ (name), of ____________________________________________________________ (address), contemporaneously with the execution of this release __________ (where an action has been filed on the claim, and the defendant in the action has interposed a counterclaim that is being dismissed as part of the consideration for the release, add: , in return for which releasee’s attorney shall deliver to releasor’s attorney, in duplicate, a dismissal with prejudice of releasee’s 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)