Here's another "real world example people can learn from".
The model can be downloaded by following the link at the bottom of the first post on the linked page. Modano and its sister/predecessor BPM are renowned financial modelling companies (with Modano offering software and BPM offering consulting). You do need to create an account with Modano, I do not expect any issues with this but have not done it myself.
The model can be previewed at the following link without signing up to anything
I know a couple of the Modano/BPM team and am pretty confident they are still there. If there are any comments that I think they might be interested in or questions that they might prefer to answer themselves, I would try to point them this way.
Please share any thoughts or questions!
For what it's worth, this is not my preferred modelling approach but it is a bit closer than that in the Operis model I shared a month ago. Similarly, I appreciate what they do here.
State of __________
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Rev. 133C9CC
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templates business
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This Tolling Agreement (the "Agreement") is made as of this
__________, (the “Effective Date”) by and between __________ located at
__________, __________, __________ __________ (“Claimant”) and __________,
located at __________, __________, __________ __________ (“Respondent”).
NOW THEREFORE, the parties agree and covenant to be bound by the terms
set forth in this Agreement as follows:
1. Tolling Period.
Any statutes of limitation, statutes of dispose, or other defenses Respondent
may have with respect to any claim by the Claimant, that is not otherwise
barred as of the Effective Date, shall be tolled until __________ (the “Tolling
Date”).
2. No Litigation. Between the
Effective Date and the Tolling Date, the parties agree not to initiate any
litigation or other legal proceeding against the other party with regards to
the claim described above.
3. No Admission of Liability. Nothing in this Agreement shall constitute admission by either party of
any claim or cause of action, any fact, conclusion or liability, or the
applicability or running of any statute of limitation, statute of repose, or
any other time-based defense.
4. Preservation of Rights. Except as otherwise expressly provided herein, each party
reserves all rights, defenses and claims it may have against the other party.
5. Termination. This Agreement
will terminate on the Tolling Date. Either party may terminate this Agreement
at an earlier date by delivering __________ days written notice to the other
party.
6. Governing Law. The terms of
this Agreement shall be governed exclusively by the laws of the State of
__________, without regard to its conflicts of law provisions.
7. Entire Agreement. This
Agreement constitutes the entire agreement between the parties and supersedes
all prior understandings of the parties.
8. Amendments. This
Agreement may not be modified or amended except by a written agreement signed
by all of the parties.
9. Notices. Any notice or
other communication given or made to either party under this Agreement shall be
in writing and delivered by hand, sent by overnight courier service or sent by
certified or registered mail, return receipt requested, to the address stated
above or to another address as that party may subsequently designate by notice
and shall be deemed given on the date of delivery.
10. Waiver.Neither party shall
be deemed to have waived any provision of this Agreement or the exercise of any
rights held under this Agreement unless such waiver is made expressly and in
writing. Waiver by either party of a breach or violation of any provision of
this Agreement shall not constitute a waiver of any subsequent or other breach
or violation.
11. Disputes. Any dispute arising
from this Agreement shall be resolved in
the courts of the State of __________.
12. Attorneys' Fees . If either party brings legal action to enforce
its rights under this Agreement, the prevailing party will be entitled to
recover from the other party its expenses (including reasonable attorneys’ fees
and costs) incurred in connection with the action and any appeal.
13. Severability. If any
provision of this Agreement is held to be invalid, illegal or unenforceable in
whole or in part, the remaining provisions shall not be affected and shall
continue to be valid, legal and enforceable as though the invalid, illegal or
unenforceable parts had not been included in this Agreement.
14. Successors and Assigns. This Agreement shall be binding and inure to the benefit of the parties
and their respective legal representatives, heirs, administrators, executors,
successors and permitted assigns.
15. Counterparts. This Agreement
may be executed in one or more counterparts, each of which shall be deemed an
original and all of which together, shall constitute one and the same document.
IN WITNESS WHEREOF, this Agreement has been executed and delivered as of
the date first written above.
__________
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Claimant’s Signature
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Claimant’s Full Name
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__________
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Respondent’s Signature
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Respondent’s Full Name
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