[{"data":1,"prerenderedAt":509},["ShallowReactive",2],{"document-litigation-agreement-D13022":3},{"document":4,"label":23,"preview":11,"thumb":24,"description":5,"descriptionCustom":6,"apiDescription":5,"pages":8,"extension":10,"parents":25,"breadcrumb":29,"related":35,"customDescModule":167,"customdescription":6,"mdFm":168,"mdProseHtml":508},{"description":5,"descriptionCustom":6,"label":7,"pages":8,"size":9,"extension":10,"preview":11,"thumb":12,"svgFrame":13,"seoMetadata":14,"parents":16,"keywords":15},"LITIGATION AGREEMENT This Litigation Agreement (\"Agreement\") is effective as of [DATE], BETWEEN: [FIRST PARTY NAME] (the \"First Party\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [SECOND PARTY NAME] (the \"Second Party\"), an individual with its main address located at OR a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] WHEREAS, the Parties have entered into a Litigation Agreement with each other to [SPECIFY PURPOSE] on [EFFECTIVE DATE]; WHEREAS, this Agreement shall define the rights and duties of each Party in connection with the ongoing Litigation; WHEREAS, the Parties wish to evidence their contract in writing; WHEREAS, the Parties are duly authorized and have the capacity to enter into and perform this Contract; WHEREAS, the Parties affirm to understand all the provisions contained in this Agreement, and in case either Party requires clarification as to one or more of the provisions contained herein, either Party has requested clarification or otherwise sought guidance. NOW THEREFORE in consideration and as a condition of both Parties entering into this Agreement and other valuable considerations, the receipt and sufficiency of which consideration is acknowledged, the Parties agree as follows: INDEMNIFICATION The First Party agrees that, to the maximum extent permitted by applicable law (but subject to the limitations set forth herein), it shall indemnify, defend and hold harmless the other Party, its affiliates, and each of their respective directors, officers, partners, shareholders, members, employees, agents (including counsel, auditors, accountants, and advisors), heirs, successors, predecessors, and assigns (collectively, \"Indemnified Parties\") from, against and in respect of and shall reimburse the amount of any loss, liability, damage, judgment, civil fine and penalty, expense, including reasonable costs of investigation and defence and reasonable attorneys' fees and expenses, including such fees and expenses at trial and on any appeal (collectively, \"Losses\"), suffered or incurred by, and any Proceeding against, any of the Indemnified Parties arising out of or resulting from (i) the Litigation or (ii) any breach of any representation, warranty or covenant by the First Party contained in this Agreement. PAYMENT Both Parties intend to be responsible for one-half of the costs and attorney fees incurred in Litigation and to be responsible for one-half of any Loss suffered or incurred by either Party or any of their affiliates in connection with the Litigation. To effectuate this intention, the First Party agrees that, to the maximum extent permitted by applicable law (but subject to the limitations set forth herein), it shall indemnify, defend and hold harmless each of the Indemnified Parties from, against and in respect of and shall reimburse the amount of any Loss suffered or incurred by, and any Proceeding against, any of the Indemnified Parties arising out of or resulting from the Litigation. The First Party shall have no liability or responsibility in respect of any non-monetary Losses suffered or incurred by any Indemnified Party, including injunctive relief. The Second Party agrees that, to the maximum extent permitted by applicable law (but subject to the limitations set forth herein), it shall indemnify, defend and hold harmless, jointly and severally, each of the First Party Indemnified Parties from, against and in respect of, and shall reimburse the amount of any Loss suffered or incurred by, and any Proceeding against, any of the First Party Indemnified Parties arising out of or resulting from the Litigation. REPRESENTATION OF THE PARTIES This Agreement in all respects has been voluntarily and knowingly executed by such Party and is the legal, valid and binding obligation of such Party. Such Party has the full power and authority to enter into this Agreement and perform its obligations hereunder. The execution, delivery and performance of this Agreement by such Party are not prohibited by and do not violate or conflict with or require any consent or approval with respect to (i) such Party's organizational documents, (ii) any order, writ, injunction, decree or judgment of any Governmental Body, (iii) any material contract or agreement to which such Party is a party or by which it is bound, or (iv) any law, rule or regulation applicable to such Party. Such Party has had an opportunity to seek and has sought independent legal advice from attorneys of its choice and other advice from such accountants and other professionals as it deems appropriate, in each case with respect to the advisability of executing this Agreement, and such Party has carefully read this Agreement and has made such investigation of the facts pertaining to this Agreement as it deems necessary. CONTROL OF LITIGATION The First Party shall have the exclusive right to manage, direct, and control the Litigation. The Second Party shall not have the authority without the express prior written consent of the First Party Indemnified Parties, not to unreasonably withhold or delay, to file any pleading, make any admission, accept any finding of fact or enter into any settlement regarding the Litigation which provides that the conduct or behavior of the First Party Indemnified Parties constitutes gross negligence, willful misconduct, intentional failure to perform a duty or reckless disregard of the consequences of such conduct or behavior. 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(the \"Creditor\") instituted proceedings as plaintiff against the Company and Debtor as defendants in recovery of the sum of [AMOUNT] (the \"Action\"); WHEREAS in the Action, the Creditor has claimed the amount of [AMOUNT] from Debtor pursuant to a certain guarantee executed by him in favor of the Creditor; WHEREAS [COMPANY NAME] and the Creditor amalgamated effective [DATE], such that [COMPANY NAME] became a division of the Creditor; WHEREAS the parties have agreed to settle the Action upon the terms and conditions hereinafter set forth: NOW WHEREFORE, the parties hereto agree as follows: The Action is settled upon the terms hereinafter set forth. The parties shall execute a Declaration of Settlement Out Of Court in respect of the Action, which Declaration shall be remitted to the Bank, and which the Bank shall file in the court record on the latest of the trial date fixed for the Action, being [EFFECTIVE DATE], receipt of the initial payment provided for in Section 2 hereof and the date of registration of the Security contemplated in Section 2 hereof. Debtor hereby undertakes to pay to the Creditor the sum of [AMOUNT] in lawful currency of [COUNTRY] (the \"Settlement Amount\"), payable as set out below. Debtor shall pay to the Bank at its offices noted above the principal sum of [AMOUNT] in lawful currency of [COUNTRY] (the \"Principal Amount\"), by way of [NUMBER] equal consecutive monthly installments in the amount of [AMOUNT] each, payable on the [DATE] day of each month, commencing on [EFFECTIVE DATE] until full payment on [DATE] (the \"Payments\"). Concurrently with the execution hereof, Debtor shall deliver to the Creditor [NUMBER] check in the amount of [AMOUNT] each dated the [DATE] day of each month in payment of the Payments for [EFFECTIVE DATE] to [EFFECTIVE DATE] inclusively. Thereafter, Debtor shall deliver to the Creditor by or before [DATE] of each year, commencing [EFFECTIVE DATE] to [EFFECTIVE DATE] inclusively, [NUMBER] check in the amount of [AMOUNT] each dated the [NUMBER] day of each of the following [NUMBER] months in payment of the Payments for the said [NUMBER] month period. By or before [EFFECTIVE DATE], Debtor shall deliver to the Creditor [NUMBER] check in the amount of [AMOUNT] each dated the [NUMBER] day of each of the remaining [NUMBER] months in payment of the Payments for the said [NUMBER] month period. The Principal Amount shall bear interest from the date of any unremedied default at the rate of [PERCENTAGE %] percent per annum, calculated on the balance then outstanding and payable on demand. All interest not paid when due shall bear interest at the same rate calculated as aforesaid and payable on demand. The balance of [AMOUNT] (the \"Balance\") shall be paid to the Creditor by way of compensation and set-off against the amount of any commission which may become owing to Debtor by the Creditor on any sales of its assets which Debtor may make from time to time hereafter on behalf of the Creditor, and against the amount of any salary or other compensation which may become owing to him by the Creditor in respect of any other services of any nature whatsoever which Debtor may perform from time to time hereafter on behalf of the Creditor. The amount of such commissions, salary and/or other compensation shall be determined in accordance with the terms and conditions of any agreements which the Creditor and Debtor may enter into for the provision of such services by Debtor to the Creditor. The Creditor shall provide to Debtor on a regular basis a list of assets currently offered for sale by the Creditor and undertakes to give Debtor every opportunity, on a non-exclusive basis, to sell such assets and undertakes not to act unreasonably in considering any offer to purchase which Debtor may bring to the Creditor. In the event that the Balance has not been repaid in full on the date the last payment falls due under Section 2.1 hereof, Debtor shall pay off the amount of the Balance then outstanding (the \"Unpaid Balance\") by way of consecutive monthly installments in the amount of [AMOUNT] each, payable on the [DATE] day of each month, commencing [EFFECTIVE DATE] (the \"Extended Period\"). On [EFFECTIVE DATE], Debtor shall deliver to the Creditor the requisite number of check in the amount of [AMOUNT] each dated the [DATE] day of each month in payment of the Unpaid Balance, provided always that Debtor shall still be able to pay any or all of the Unpaid Balance during the Extended Period by way of compensation and set-off pursuant to the provisions of Section 2.3.1. Debtor shall have a grace period of [NUMBER] days from the date of any written notice of default to make any Payment due hereunder to remedy said default. In the event the default is not remedied within such period, Debtor shall lose the benefit of the term provided for herein and the entire balance of the Settlement Amount then outstanding shall become immediately due and payable. The Creditor shall then be entitled to demand payment in full of the outstanding amount of the Settlement Amount, by written notice of demand, without further notice, including prior notice of such acceleration, or delay. The Creditor shall, in addition to its right to accelerate payment in the event of an unremedied default to make any payment, be entitled to accelerate payment should the Creditor advise Debtor in writing of the discovery of any material omission of any encumbrance on any of the assets listed in Schedule C or of any other limitation or alteration in Debtor's right, title and interest in and to the assets listed in Schedule C, provided that Debtor shall have [NUMBER] days from the date of such notice to remedy the default such that the omission is no longer material, but not in the event of any other default hereunder. Concurrently with his execution of the present Settlement Agreement, Debtor shall execute demand promissory notes in the amounts of [AMOUNT] respectively, in the form of the promissory notes annexed hereto as Schedules A and B respectively, to be held by the Creditor as collateral security for the performance of Debtor's obligations under this Section 2. Debtor shall grant security in favor of the Creditor against each and all of the assets identified in the affidavit executed by Debtor concurrently herewith and annexed hereto as Schedule C (the \"Secured Assets\"), subject to the encumbrances thereon as disclosed therein (the \"Encumbrances\"), which Encumbrances Debtor hereby represents and warrants are all the encumbrances existing against the Secured Assets, and which Secured Assets Debtor hereby represents and warrants have a net aggregate liquidation value, after deduction of the reasonable expenses of liquidation and after payment of the Encumbrances of not less than the Settlement Amount. ","Settlement Agreement","8",64,"https://templates.business-in-a-box.com/imgs/1000px/settlement-agreement-D916.png","https://templates.business-in-a-box.com/imgs/250px/916.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#916.xml",{"title":6,"description":6},[94,96],{"label":18,"url":95},"business-legal-agreements",{"label":18,"url":95},"settlement agreement","/template/settlement-agreement-D916",{"description":100,"descriptionCustom":6,"label":101,"pages":102,"size":103,"extension":10,"preview":104,"thumb":105,"svgFrame":106,"seoMetadata":107,"parents":108,"keywords":111,"url":112},"ARBITRATION AGREEMENT This Arbitration Agreement (the \"Agreement\") is effective [DATE], BETWEEN: [YOUR COMPANY NAME], as represented by [ATTORNEY NAME], a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: AND: [PARTY B] (the \"Party B\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: In consideration of the terms and covenants of this agreement, and other valuable consideration, the parties agree as follows: MATTERS TO BE SUBMITTED TO ARBITRATION All disputes and controversies of every kind and nature between the parties to this agreement arising out of or in connection with [specify general agreement to which arbitration agreement relates] as to the existence, construction, validity, interpretation or meaning, performance, nonperformance, enforcement, operation, breach, continuance, or termination of the agreement shall be submitted to arbitration pursuant to the procedure set forth in this agreement. PROCEDURE Either party may demand such arbitration in writing within [number] days after the controversy arises, which demand shall include the name of the arbitrator appointed by the party demanding arbitration, together with a statement of the matter in controversy. Within [number] days after such demand, the other party shall name [his or her] arbitrator, or in default of such naming, such arbitrator shall be named [immediately or not] by the Arbitration Committee, and the two arbitrators so selected shall name a third arbitrator within [number] days or, in lieu of such agreement on a third arbitrator by the two arbitrators so appointed, a third arbitrator shall be appointed by the Arbitration Committee. The arbitration hearing shall be held at [place of hearing] on [number] days' notice to the parties. The arbitration rules and procedures of [particular trade, industry, or association] shall be used in the arbitration hearing and the law of evidence of [state/province] shall govern the presentation of evidence at such hearing. The arbitration hearing shall be concluded within [number] days unless otherwise ordered by the arbitrators and the award on the hearing shall be made within [number] days after the close of the submission of evidence.","Arbitration Agreement","3",42,"https://templates.business-in-a-box.com/imgs/1000px/arbitration-agreement-D856.png","https://templates.business-in-a-box.com/imgs/250px/856.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#856.xml",{"title":6,"description":6},[109,110],{"label":18,"url":95},{"label":18,"url":95},"arbitration agreement","/template/arbitration-agreement-D856",{"description":114,"descriptionCustom":6,"label":115,"pages":116,"size":117,"extension":10,"preview":118,"thumb":119,"svgFrame":120,"seoMetadata":121,"parents":122,"keywords":125,"url":126},"MEDIATION AGREEMENT This Mediation Agreement (\"Agreement\") is made and effective the [DATE], BETWEEN: [COMPANY NAME], called one of the \"Parties\", a corporation organized and existing under the laws of [STATE], with its head office located at: [COMPLETE ADDRESS] AND: [COMPANY NAME], called one of the \"Parties\", a corporation organized and existing under the laws of [STATE], with its head office located at: [COMPLETE ADDRESS] WHEREAS, Both Parties shall appoint and retain the services of a Mediator to assist them in resolving the conflict between them WHEREAS, The Parties understand that mediation is a process whereby they attempt, with the assistance of an impartial third party (the Mediator), to reach a consensual settlement of the matters at issue between them. WHEREAS, Both Parties are aware that, when a consensus is reached, they may call upon the services of the Mediator or one of their lawyers to draft a document that they will sign in order to record and finalize the consensus. In consideration of the terms of this agreement, and other valuable consideration, the Parties agree as follows: appointment of the Mediator The Parties hereby appoint [NAME OF MEDIATOR] as Mediator for their negotiations. The Parties understand that mediation is an agreement-reaching process in which the Mediator assists Parties to reach agreement in a collaborative, consensual and informed manner. It is understood that the Mediator has no power to decide disputed issues for the Parties. The Parties understand that mediation is not a substitute for independent legal advice. The Parties are encouraged to secure such advice throughout the mediation process and are strongly advised to obtain independent legal review of any mediated agreement before signing that agreement. The Parties understand that the Mediator's objective is to facilitate the Parties themselves reaching their most constructive and fairest agreement. The Parties also understand that the Mediator has an obligation to work on behalf of each party equally and that the Mediator cannot render individual legal advice to any party and will not render therapy within the mediation. ROLE AND RESPONSIBILITIES OF THE MEDIATOR The Mediator is an impartial third Party who does not represent either of the Parties. The Mediator's role is to help the Parties to negotiate a voluntary settlement of the issues in dispute between them. The Mediator does not offer legal advice and has no duty to assert or protect the legal rights of any Party, to raise any issue not raised by the Agreement. The Mediator has no duty to ensure the enforceability or validity of any settlement agreement reached. The Parties understand that although the Mediator is a lawyer, he or she does not act as legal counsel for any of the parties. It is understood that the Mediator must remain impartial in all contacts with the parties and will not put the interests of one party before those of the other. ROLE AND RESPONSIBILITIES OF THE PARTIES The Parties voluntarily enter into the mediation in an attempt to resolve a dispute between them. The signing of this Agreement is evidence that the Parties intend to conduct this mediation in an honest and forthright manner and to make a serious attempt to resolve the dispute. The Parties acknowledge that the primary responsibility for resolving the outstanding issues between them rests with them and not with the Mediator. The Parties understand and agree that they will attend all mediation sessions with full authority to settle the matters at issue at the Mediation sessions. litigation While actively participating in the mediation process, each of the Parties undertakes not to commence or continue any legal action against the other Party. Prior to the conclusion of the mediation, the parties agree to refrain from pre-emptive and adversarial litigation (except in the case of an emergency requiring such action). mediation session It is understood that most mediation sessions will involve both Parties in joint sessions with the Mediator, but separate meetings may be held between the Mediator and the parties individually before and during the mediation","Mediation Agreement","2",37,"https://templates.business-in-a-box.com/imgs/1000px/mediation-agreement-D893.png","https://templates.business-in-a-box.com/imgs/250px/893.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#893.xml",{"title":6,"description":6},[123,124],{"label":18,"url":95},{"label":18,"url":95},"mediation agreement","/template/mediation-agreement-D893",{"description":128,"descriptionCustom":6,"label":129,"pages":8,"size":9,"extension":10,"preview":130,"thumb":131,"svgFrame":132,"seoMetadata":133,"parents":135,"keywords":134,"url":138},"LEGAL SERVICE AGREEMENT This Legal Service Agreement (the \"Agreement\") is made and effective this [DATE], BETWEEN: [CLIENT NAME] (the \"Client\"), a [individual/company] with its principal place of business located at: [YOUR COMPLETE ADDRESS] AND: [LAW FIRM NAME] (the \"Service Provider\"), a commission-based sales agent organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], [COUNTRY], with its principal place of business located at: [COMPLETE ADDRESS] WHEREAS, the Client desires to retain the services of the Service Provider to provide legal services under the terms and conditions set forth herein; WHEREAS, the Service Provider agrees to provide such services to the Client in accordance with the terms and conditions of this Agreement; IT IS HEREBY AGREED THAT: SCOPE OF SERVICES 1.1 Services Provided: The Service Provider agrees to provide the following legal services to the Client: [DETAILED DESCRIPTION OF SERVICES, E.G., LEGAL CONSULTATION, CONTRACT DRAFTING, LITIGATION REPRESENTATION, ETC.] 2.1 Additional Services: Any additional services requested by the Client that are outside the scope of this Agreement shall be subject to a separate agreement and additional fees. FEES AND PAYMENT 2.1 Legal Fees: The Client agrees to pay the Service Provider for services rendered at the following rates: a) [Hourly Rate or Flat Fee] b) [Retainer Amount, if applicable] c) [Other Fees, if any] 2.2 Invoicing and Payment Terms: The Service Provider shall invoice the Client [monthly/quarterly/upon completion of services]. The Client agrees to pay each invoice within [NUMBER OF DAYS] days of receipt. 2.3 Late Payments: Late payments will incur a late fee of [LATE FEE AMOUNT] or [PERCENTAGE]% per month until paid in full. RETAINER 3.1 Retainer: The Client agrees to pay a retainer of [AMOUNT] to the Service Provider upon execution of this Agreement. The retainer shall be applied towards the Client's legal fees and expenses. Any unused portion of the retainer shall be refunded to the Client upon completion of the services. TERM AND TERMINATION 4.1 Term: The term of this Agreement shall commence on [START DATE] and continue until [END DATE], unless terminated earlier in accordance with this Agreement. 4.2 Termination by Client: The Client may terminate this Agreement at any time by providing [NUMBER OF DAYS] days' written notice to the Service Provider. 4.3 Termination by Service Provider: The Service Provider may terminate this Agreement with [NUMBER OF DAYS] days' written notice to the Client if the Client fails to fulfill their payment obligations or otherwise breaches the terms of this Agreement. 4.4 Obligations upon Termination: Upon termination, the Client shall promptly pay the Service Provider for all services rendered and expenses incurred up to the date of termination. CONFIDENTIALITY 5.1 Confidential Information: The Service Provider agrees to maintain the confidentiality of all proprietary and confidential information of the Client, both during and after the term of this Agreement. 5.2 Disclosure: The Service Provider will not disclose any confidential information to third parties without prior written consent from the Client, except as required by law or court order. REPRESENTATIONS AND WARRANTIES 6.1 Service Provider's Representations: The Service Provider represents and warrants that it has the necessary skills, qualifications, and expertise to provide the legal services required under this Agreement. 6","Legal Service Agreement","https://templates.business-in-a-box.com/imgs/1000px/legal-service-agreement-D14001.png","https://templates.business-in-a-box.com/imgs/250px/14001.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#14001.xml",{"title":134,"description":6},"legal service agreement",[136,137],{"label":18,"url":95},{"label":18,"url":95},"/template/legal-service-agreement-D14001",{"description":140,"descriptionCustom":6,"label":141,"pages":102,"size":9,"extension":10,"preview":142,"thumb":143,"svgFrame":144,"seoMetadata":145,"parents":147,"keywords":146,"url":152},"NON-DISCLOSURE AGREEMENT (NDA) This Non-Disclosure Agreement (the \"Agreement\") is made and effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the \"Disclosing Party\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [RECEIVING PARTY NAME] (the \"Receiving Party\"), an individual with his main address located at OR a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] WHEREAS, Receiving Party has been or will be engaged in the performance of work on [DESCRIBE]; and in connection therewith will be given access to certain confidential and proprietary information; and WHEREAS, Receiving Party and Disclosing Party wish to evidence by this Agreement the manner in which said confidential and proprietary material will be treated. NOW, THEREFORE, it is agreed as follows: NON-DISCLOSURE OF CONFIDENTIAL INFORMATION Both Parties understand and agree that each Party may have access to the confidential information of the other party. For the purposes of this Agreement, \"Confidential Information\" means proprietary and confidential information about the Disclosing Party's (or it's suppliers') business or activities. Such information includes all business, financial, technical, and other information marked or designated by such Party as \"confidential\" or \"proprietary.\" Confidential Information also includes information which, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as confidential. For the purposes of this Agreement, Confidential Information does not include: Information that is currently in the public domain or that enters the public domain after the signing of this Agreement. Information a Party lawfully receives from a third Party without restriction on disclosure and without breach of a non-disclosure obligation. Information that the Receiving Party knew prior to receiving any Confidential Information from the Disclosing Party. Information that the Receiving Party independently develops without reliance on any Confidential Information from the Disclosing Party. Each Party agrees that it will not disclose to any third Party or use any Confidential Information disclosed to it by the other Party except when expressly permitted in writing by the other Party. Each Party also agrees that it will take all reasonable measures to maintain the confidentiality of all Confidential Information of the other Party in its possession or control. TERM The term of this Agreement is [number] of [years/months] from the date of execution by both Parties. TITLE The Receiving Party agrees that all Confidential Information furnished by the Disclosing Party shall remain the sole property of the Disclosing Party. DISCLAIMER","Non Disclosure Agreement Nda","https://templates.business-in-a-box.com/imgs/1000px/non-disclosure-agreement-nda-D12692.png","https://templates.business-in-a-box.com/imgs/250px/12692.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#12692.xml",{"title":146,"description":6},"non disclosure agreement nda",[148,149],{"label":18,"url":95},{"label":150,"url":151},"Confidentiality Agreements","confidentiality-agreement","/template/non-disclosure-agreement-nda-D12692",{"description":154,"descriptionCustom":6,"label":155,"pages":156,"size":9,"extension":10,"preview":157,"thumb":158,"svgFrame":159,"seoMetadata":160,"parents":162,"keywords":165,"url":166},"INVENTION AGREEMENT This Invention Agreement (the \"Agreement\") is effective [DATE], BETWEEN: [FIRST PARTY NAME], (the \"Company\") a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [SECOND PARTY NAME], (the \"Employee\") an individual with his main address located at: [YOUR COMPLETE ADDRESS] NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: CONFIDENTIAL INFORMATION Company Information. The Employee at all times during the term of employment and after termination, is to hold in the strictest confidence, and not to use, except for the benefit of the Company, or to disclose to any person, corporation or other entity without written consent of the Company, any Confidential Information. \"Confidential Information\" means any Proprietary or Confidential Information of the Company, its affiliates, their clients, customers or their partners, and the Company's licensors, including, without limitation, technical data, trade secrets, research and development information, product plans, services, customer lists and customers (including, but not limited to, customers of the Company on whom the Employee called or with whom the Employee became acquainted during the term of employment), supplier lists and suppliers, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, personnel information, marketing, finances or other business information disclosed to the Employee by or obtained by the Employee from the Company, its affiliates, their clients, customers or their partners, and the Company's licensors either directly or indirectly in writing, orally or by drawings or observation of parts or equipment. Ownership of Proprietary Information. All Proprietary Information shall be the sole property of the Company and its assigns, and the Company and its assigns shall be the sole owner of all patents, copyrights, trademarks and other rights in connection therewith. The Employee hereby assigns to the Company any rights he may have or acquire in such Proprietary Information. The Employee hereby acknowledges that all Proprietary Information is and must continue to be Confidential and that the same is not readily accessible to competitors of the Company. At all times, both during employment by the Company and after its termination, the Employee will keep in strictest confidence and trust all Proprietary Information and shall not use or disclose any Proprietary Information without the written consent of the Company, except as may be necessary in the ordinary course of performing their duties as an Employee of the Company. Company Property. All documents (including computer records, facsimile and email) and materials created, received or transmitted in connection with the Employee's work or using the facilities of the Company are property of the Company and subject to inspection by the Company, at any time. Upon termination of the Employee's employment with the Company (or at any other time when requested by the Company), the Employee will promptly deliver to the Company all documents and materials of any nature pertaining to the Employee's work with the Company and will provide written certification of compliance with this Agreement. Under no circumstances the Employee shall have, following the termination, possession of any property of the Company, or any documents or materials or copies thereof containing any Confidential Information. In the event of the termination of employment, the Employee shall sign and deliver the \"Termination Certification\" attached hereto as Exhibit A. Third-Party Information. The Company has received, and, in the future, will receive from third parties their Confidential or Proprietary Information, subject to a duty on the Company's part to maintain the Confidentiality of such information and to use it only for certain limited purposes. The Employee agrees to hold all such Confidential or Proprietary Information in the strictest confidence and not to disclose it to any person, firm or corporation or to use it except as necessary in carrying out the work for the Company, consistent with the Company's agreement with such third party. INVENTION ASSIGNMENT The Employee agrees that all inventions, innovations, improvements, developments, methods, designs, analyses, reports, and all similar or related information which relates to the Company's actual or anticipated business, research and development or existing or future products or services and which are conceived, developed or made by the Employee while employed by the Company (\"Work Product\") belong to the Company. The Employee will promptly disclose such Work Product to the Company and perform all actions reasonably requested by the Company (whether during or after the Term) to establish and confirm such ownership (including, without limitation, assignments, consents, powers of attorney and other instruments). MAINTENANCE OF RECORDS The Employee shall keep and maintain adequate and current written records of all Inventions. The records will be in the form of notes, sketches, drawings, and any other format that may be specified by the Company. The records will be available to and remain the sole property of the Company at all times. DISCLOSURE OF INVENTIONS The Employee shall promptly disclose to the Company (or any persons designated by it) all discoveries, developments, designs, improvements, inventions, blueprints, formulae, processes, techniques, computer programs, strategies, know-how and data, whether or not patentable or registerable under copyright or similar statutes, made or conceived or reduced to practice or learned, either alone or jointly with others, during the period of the Employee's employment that are related to the business of the Company or that result from tasks assigned to it by the Company or that result from the use of premises or property (including computer systems and engineering facilities) owned, leased or contracted for by the Company. All such discoveries, developments, designs, improvements, inventions, formulae, processes, techniques, computer programs, strategies, blueprints, know-how and data are hereinafter referred to as \"Inventions.\" The Employee shall also promptly disclose to the Company, and the Company hereby agrees to receive all such disclosures in confidence, all other discoveries, developments, designs, improvements, inventions, formulae, processes, techniques, computer programs, strategies, blueprints, know-how and data, whether or not patentable or registerable under copyright or similar statutes, made or conceived or reduced to practice or learned by the Employee, either alone or jointly with others, during the period of employment of the Employee, for the purpose of determining whether they constitute \"Inventions,\" as defined above. OWNERSHIP OF INVENTIONS All Inventions shall be the sole property of the Company and its assigns, and the Company and its assigns shall be the sole owner of all patents, copyrights, trademarks, and other rights in connection therewith. The Employee hereby assigns to the Company any rights he may have or acquire in such Inventions","Invention Agreement","7","https://templates.business-in-a-box.com/imgs/1000px/sample-pdf-for-test-D13018.png","https://templates.business-in-a-box.com/imgs/250px/13018.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#13018.xml",{"title":161,"description":6},"invention agreement",[163,164],{"label":18,"url":95},{"label":150,"url":151},"indemnification agreement","/template/indemnification-agreement-D13018",false,{"seo":169,"reviewer":180,"legal_disclaimer":184,"quick_facts":185,"at_a_glance":187,"personas":191,"variants":216,"glossary":241,"clauses":275,"how_to_fill":321,"common_mistakes":362,"faqs":387,"industries":415,"comparisons":440,"diy_vs_lawyer":453,"jurisdictions":466,"related_template_ids_curated":487,"schema":496,"classification":497},{"meta_title":170,"meta_description":171,"primary_keyword":172,"secondary_keywords":173},"Litigation Agreement Template | BIB","Free litigation agreement template to formalize terms between parties in a dispute. Covers costs, authority, settlement, and confidentiality.","litigation agreement template",[15,174,175,176,177,178,179],"litigation agreement template word","litigation agreement template free","litigation funding agreement","litigation cost sharing agreement","litigation management agreement","settlement litigation agreement",{"name":181,"credential":182,"reviewed_date":183},"Bruno Goulet","CEO, Business in a Box","2026-05-02",true,{"difficulty":186,"legal_review_recommended":184,"signature_required":184,"notarization_required":167},"advanced",{"what_it_is":188,"when_you_need_it":189,"whats_inside":190},"A Litigation Agreement is a binding legal contract that governs the terms under which two or more parties cooperate in, fund, or manage a civil lawsuit or dispute. This free Word download lets you define each party's authority, cost responsibilities, settlement approval rights, and confidentiality obligations in a single enforceable document you can edit online and export as PDF.\n","Use it when co-plaintiffs are jointly pursuing a claim, when a third-party funder is financing litigation costs, or when a business needs to document the internal authority and cost-sharing arrangement before filing suit. It is also used between a company and outside counsel to formalize the scope and budget of litigation engagement.\n","Party identification and recitals, scope of the dispute, cost allocation and funding obligations, decision-making and settlement authority, confidentiality and privilege protections, indemnification, termination rights, and governing law. Together these clauses establish a clear framework so disputes about the litigation itself do not compound the underlying case.\n",[192,196,200,204,208,212],{"title":193,"use_case":194,"icon_asset_id":195},"Business litigants and co-plaintiffs","Formalizing cost-sharing and decision rights before jointly filing a commercial lawsuit","persona-small-business-owner",{"title":197,"use_case":198,"icon_asset_id":199},"In-house legal counsel","Documenting outside counsel authority, budget caps, and settlement approval thresholds","persona-general-counsel",{"title":201,"use_case":202,"icon_asset_id":203},"Litigation funders and investors","Setting return terms, milestone triggers, and control rights for a funded dispute","persona-investor",{"title":205,"use_case":206,"icon_asset_id":207},"Law firms","Establishing contingency fee structure, cost recovery, and client authority in complex matters","persona-law-firm",{"title":209,"use_case":210,"icon_asset_id":211},"Startup founders and CEOs","Authorizing outside counsel and defining budget before pursuing IP or contract enforcement","persona-startup-founder",{"title":213,"use_case":214,"icon_asset_id":215},"Operations and risk managers","Creating an internal governance record for board-approved litigation decisions","persona-operations-director",[217,221,224,227,230,233,237],{"situation":218,"recommended_template":219,"slug":220},"Third party is financing the lawsuit in exchange for a share of proceeds","Litigation Funding Agreement","litigation-agreement-D13022",{"situation":222,"recommended_template":115,"slug":223},"Parties want to resolve a dispute without going to court","mediation-agreement-D893",{"situation":225,"recommended_template":101,"slug":226},"Both parties agree to binding arbitration instead of litigation","arbitration-agreement-D856",{"situation":228,"recommended_template":86,"slug":229},"Parties have reached a negotiated resolution and want to document settlement terms","settlement-agreement-D916",{"situation":231,"recommended_template":232,"slug":220},"Two businesses are co-plaintiffs sharing costs and strategy in a commercial claim","Joint Litigation Agreement",{"situation":234,"recommended_template":235,"slug":236},"Company needs to formally retain and scope an outside litigation firm","Legal Services Agreement","legal-service-agreement-D14001",{"situation":238,"recommended_template":239,"slug":240},"Parties are documenting a pre-suit confidential dispute communication","Without Prejudice Agreement","agreement-of-movable-hypothec-without-delivery-D1131",[242,245,248,251,254,257,260,263,266,269,272],{"term":243,"definition":244},"Litigation","The process of resolving a legal dispute through the court system, from filing a complaint through trial or judgment.",{"term":246,"definition":247},"Third-Party Funder","An entity that is not a party to the underlying dispute but finances litigation costs in exchange for a portion of any recovery.",{"term":249,"definition":250},"Settlement Authority","The contractually defined right — and dollar threshold — above which a party must obtain consent before agreeing to settle a case.",{"term":252,"definition":253},"Privilege","Legal protection for confidential communications between a client and their attorney that shields those communications from disclosure in court.",{"term":255,"definition":256},"Indemnification","A contractual obligation by one party to compensate the other for specified losses, costs, or liabilities arising from the litigation.",{"term":258,"definition":259},"Contingency Fee","A fee arrangement where the attorney is paid a percentage of the recovery rather than an hourly rate, with no fee if the case is lost.",{"term":261,"definition":262},"Adverse Costs Order","A court order requiring the losing party to pay some or all of the winning party's legal costs — common in the UK and Canada.",{"term":264,"definition":265},"Cause of Action","The legal basis for a lawsuit — the specific legal theory (e.g., breach of contract, negligence) that entitles a party to seek relief.",{"term":267,"definition":268},"Discovery","The pre-trial process by which parties exchange relevant documents, evidence, and witness information under procedural rules.",{"term":270,"definition":271},"Without Prejudice","A designation applied to settlement communications indicating they cannot be introduced as evidence in court proceedings.",{"term":273,"definition":274},"Joinder","The procedural addition of a new party to an existing lawsuit, typically requiring consent or court approval.",[276,281,286,291,296,301,306,311,316],{"name":277,"plain_english":278,"sample_language":279,"common_mistake":280},"Parties and recitals","Identifies every party bound by the agreement — including any litigation funder — and describes the underlying dispute or case that prompted it.","This Litigation Agreement is entered into as of [DATE] between [PARTY A LEGAL NAME] ('Claimant'), [PARTY B LEGAL NAME] ('Co-Claimant' or 'Funder'), and [LAW FIRM NAME] ('Counsel'), in connection with the dispute described in Schedule A (the 'Dispute').","Naming only the primary plaintiff and omitting co-plaintiffs or funders. Parties left out of the agreement are not bound by its cost-sharing or settlement-authority provisions, creating enforcement gaps.",{"name":282,"plain_english":283,"sample_language":284,"common_mistake":285},"Scope of the dispute","Defines the specific claims, proceedings, and courts covered by the agreement so all cost-sharing and authority provisions apply to a clearly bounded matter.","This Agreement applies to the claim described in Schedule A, including any appeal, counterclaim, or related proceeding arising from the same facts, filed in [COURT NAME / JURISDICTION]. Claims arising from separate facts require a separate agreement.","Drafting scope language so broadly that it inadvertently covers unrelated disputes between the same parties, triggering cost-sharing obligations the parties never intended.",{"name":287,"plain_english":288,"sample_language":289,"common_mistake":290},"Cost allocation and funding obligations","States who pays which litigation costs, in what proportions, and on what schedule — including filing fees, expert witnesses, discovery costs, and counsel fees.","[PARTY A] shall bear [X]% and [PARTY B] shall bear [X]% of all Litigation Costs, as defined in Schedule B. Costs shall be invoiced monthly by Counsel and paid within [30] days. Neither party shall incur any single expense exceeding $[AMOUNT] without prior written consent of the other.","Leaving 'litigation costs' undefined and assuming the parties share an understanding. Disputes over whether expert-witness fees or travel costs are covered are among the most common triggers for litigation within the litigation agreement itself.",{"name":292,"plain_english":293,"sample_language":294,"common_mistake":295},"Decision-making and settlement authority","Sets out which party has authority to make strategic decisions — filing motions, accepting depositions, engaging experts — and the approval threshold required before any settlement offer can be accepted.","Day-to-day litigation decisions shall be made by [DESIGNATED REPRESENTATIVE]. No settlement offer shall be accepted without written consent of all parties if the settlement amount is below $[THRESHOLD]. For settlements above $[THRESHOLD], [PARTY A] has sole authority to accept, subject to [PARTY B]'s right to veto within [10] business days.","Granting one party sole settlement authority with no floor or veto right for co-parties or funders. A funded party can accept a settlement that covers their costs but leaves the funder or co-plaintiff with nothing.",{"name":297,"plain_english":298,"sample_language":299,"common_mistake":300},"Confidentiality and privilege preservation","Obliges all parties to keep litigation strategy, counsel communications, and settlement discussions confidential, and confirms that sharing privileged information under the agreement does not waive attorney-client privilege.","All information exchanged under this Agreement, including counsel's advice and case strategy, is confidential and subject to joint privilege. No party shall disclose such information to any third party without prior written consent. Disclosure required by law is permitted upon [5] business days' written notice to the other parties.","Omitting a joint-privilege or common-interest clause. Without it, documents shared between co-plaintiffs or with a funder can be deemed a waiver of privilege and become discoverable by the opposing party.",{"name":302,"plain_english":303,"sample_language":304,"common_mistake":305},"Indemnification and adverse costs","Allocates liability if the case is lost and an adverse costs order is made, and specifies which party bears the cost of any court-ordered payment to the opposing side.","In the event of an adverse costs order against the Claimant(s), [PARTY A] and [PARTY B] shall each bear [X]% of such costs, consistent with the cost-allocation ratios in Clause 3. Neither party shall be liable for the other's consequential losses arising from an unsuccessful outcome.","Failing to address adverse costs orders entirely. Without a clear allocation, a losing party may seek full reimbursement from their co-plaintiff under general indemnity principles, leaving the other party with an unexpected liability.",{"name":307,"plain_english":308,"sample_language":309,"common_mistake":310},"Proceeds and distribution","Defines how any monetary recovery — judgment, settlement, or costs award — is distributed among the parties after deducting counsel fees and litigation costs.","Any proceeds recovered shall first be applied to outstanding Litigation Costs and Counsel fees. The remaining net proceeds shall be distributed as follows: [X]% to [PARTY A], [X]% to [PARTY B], and [X]% to [FUNDER], as set out in Schedule C.","Calculating funder returns as a percentage of gross proceeds rather than net proceeds. This can leave the claimant with a fraction of the actual recovery after costs and the funder's share are deducted.",{"name":312,"plain_english":313,"sample_language":314,"common_mistake":315},"Termination and withdrawal","States the circumstances under which a party may exit the agreement — including insolvency, material breach, or strategic disagreement — and what obligations survive termination.","Either party may terminate this Agreement on [30] days' written notice if the other party materially breaches any provision and fails to cure within [15] days. Upon termination, the withdrawing party remains liable for its share of Litigation Costs incurred to the date of termination. Confidentiality and indemnification obligations survive termination.","Allowing any party to withdraw without any cost obligation for work already performed. A party that terminates after significant costs have been incurred should remain liable for their proportional share to the exit date.",{"name":317,"plain_english":318,"sample_language":319,"common_mistake":320},"Governing law and dispute resolution","Specifies which jurisdiction's law governs the agreement and how disputes about the agreement itself — not the underlying case — will be resolved.","This Agreement is governed by the laws of [STATE / PROVINCE / COUNTRY]. Any dispute arising under this Agreement shall be resolved by [binding arbitration / mediation followed by arbitration] administered by [INSTITUTION] in [CITY], except that either party may seek injunctive relief in a court of competent jurisdiction.","Choosing the law of the court where the underlying case is filed without considering whether that is the most favorable or convenient jurisdiction for the parties' own contractual dispute.",[322,327,332,337,342,347,352,357],{"step":323,"title":324,"description":325,"tip":326},1,"Identify all parties and their roles","Enter the full legal name and address of every party — claimants, co-claimants, any litigation funder, and the law firm if it is a party. Specify each party's role in Schedule A so obligations in later clauses attach correctly.","Use registered corporate names exactly as they appear in the company registry — trade names create enforcement ambiguity.",{"step":328,"title":329,"description":330,"tip":331},2,"Define the scope of the dispute in Schedule A","Describe the underlying claim with enough specificity to distinguish it from other potential disputes between the same parties. Include the court, case number if already filed, and the causes of action covered.","Limit the scope to claims arising from the same set of facts. Broad 'all disputes' language often captures unintended liabilities.",{"step":333,"title":334,"description":335,"tip":336},3,"Set cost-allocation percentages and payment mechanics","Agree on each party's share of litigation costs and enter the percentages in Clause 3 and Schedule B. Define what counts as a 'litigation cost' — itemize categories such as filing fees, expert fees, discovery costs, and counsel fees separately.","Include a per-item approval threshold (e.g., no single expense over $5,000 without joint consent) to prevent one party from committing the others to large unilateral costs.",{"step":338,"title":339,"description":340,"tip":341},4,"Establish decision-making authority and settlement thresholds","Name the designated representative for each party and set a specific dollar threshold below which settlement requires unanimous consent and above which a lead party may act with a veto window for co-parties.","Make the settlement-authority clause asymmetric if one party has more litigation experience — a funder or lead plaintiff often warrants broader authority in exchange for bearing more cost risk.",{"step":343,"title":344,"description":345,"tip":346},5,"Draft the confidentiality and joint-privilege clause","Confirm that all shared communications are covered by common-interest or joint-prosecution privilege. Specify the disclosure carve-outs (e.g., court order, regulatory requirement) and the notice period required before any compelled disclosure.","Have counsel confirm the joint-privilege language is consistent with the rules of the governing jurisdiction before signing — privilege rules vary materially between the US, Canada, the UK, and the EU.",{"step":348,"title":349,"description":350,"tip":351},6,"Specify proceeds distribution in Schedule C","Enter the net-proceeds distribution formula — after deducting costs and counsel fees — for each party. If a funder is involved, confirm whether their return is a fixed multiple, a percentage of net proceeds, or an IRR-based formula.","Model at least three recovery scenarios (full judgment, negotiated settlement, partial recovery) to confirm the distribution formula is workable under each outcome before signing.",{"step":353,"title":354,"description":355,"tip":356},7,"Set termination triggers and survival obligations","Define the specific events that allow termination — material breach, insolvency, strategic deadlock — and the cure period. Confirm in writing which obligations survive: at minimum, confidentiality, indemnification, and costs incurred to the exit date.","Include a deadlock-resolution mechanism (e.g., a 30-day negotiation period before either party can trigger termination) to prevent one party from using the exit right as a tactical lever.",{"step":358,"title":359,"description":360,"tip":361},8,"Execute before filing or incurring material costs","All parties must sign before any significant litigation costs are incurred or any pleading is filed. Post-commencement signatures raise consideration problems and may leave early costs unallocated.","Use a timestamped electronic signature with a copy stored in a secure document system — execution date is critical if a dispute arises about cost obligations from day one of the case.",[363,367,371,375,379,383],{"mistake":364,"why_it_matters":365,"fix":366},"Leaving 'litigation costs' undefined","Without a defined cost list, parties disagree on whether expert fees, travel, e-discovery platforms, and court reporter costs are included — often triggering a second dispute about the agreement itself.","Attach Schedule B with an itemized list of cost categories and a per-item approval threshold. Anything not on the list requires unanimous written consent before it is incurred.",{"mistake":368,"why_it_matters":369,"fix":370},"Omitting a joint-privilege or common-interest clause","Sharing privileged litigation strategy with a co-plaintiff or funder without a joint-privilege clause can constitute a waiver, making those communications discoverable by the opposing party.","Include express language confirming the parties share a common legal interest and that any privileged information exchanged under the agreement retains its privileged status.",{"mistake":372,"why_it_matters":373,"fix":374},"No veto right on settlement for co-parties or funders","A lead plaintiff with unilateral settlement authority can accept a sum that covers their own damages and costs while leaving co-plaintiffs or funders with a recovery that does not cover their investment.","Set a dollar floor below which settlement requires unanimous consent, and give co-parties a time-limited veto window for any offer above that floor.",{"mistake":376,"why_it_matters":377,"fix":378},"Signing after litigation costs have already been incurred","Cost-sharing obligations typically attach from the date of the agreement. Costs incurred before signing fall into a gap — one party may have paid more than their agreed share with no contractual basis for recovery.","Execute the agreement before any filing or material cost is incurred. If costs have already been paid, include a retroactive reimbursement clause covering pre-signing expenditure.",{"mistake":380,"why_it_matters":381,"fix":382},"No adverse costs allocation clause","In jurisdictions that apply a loser-pays rule — the UK, Canada, and most EU member states — an adverse costs order can equal 60–80% of the winning side's legal fees. Without a clear allocation, co-parties litigate this between themselves after the case is lost.","Mirror the adverse costs allocation to the primary cost-sharing ratio in Clause 3 so each party bears the same proportion of any loser-pays exposure they accepted for litigation costs.",{"mistake":384,"why_it_matters":385,"fix":386},"Choosing governing law based on the court where the case is filed","The law governing the underlying dispute and the law governing the litigation agreement are separate choices. Defaulting to the court's jurisdiction may be inconvenient or unfavorable for resolving internal disputes between parties.","Select governing law and a dispute-resolution mechanism — ideally arbitration — that the parties independently agree is practical and neutral for resolving any disagreement about the agreement itself.",[388,391,394,397,400,403,406,409,412],{"question":389,"answer":390},"What is a litigation agreement?","A litigation agreement is a binding contract that governs how two or more parties cooperate in, fund, or manage a civil lawsuit. It defines each party's financial obligations, decision-making rights, settlement authority, and confidentiality duties so the mechanics of the case are agreed in writing before significant costs are incurred. It is distinct from the underlying lawsuit — it is a contract about the lawsuit.\n",{"question":392,"answer":393},"When do you need a litigation agreement?","You typically need one when multiple parties are jointly pursuing a claim and need to allocate costs and decision rights, when a third-party funder is financing litigation in exchange for a share of proceeds, or when a company is formally authorizing outside counsel with defined budget and settlement authority. It is also used internally when a board needs a governance record of an approved litigation decision.\n",{"question":395,"answer":396},"What is the difference between a litigation agreement and a settlement agreement?","A litigation agreement governs the process of pursuing a dispute — who pays, who decides, and how proceeds are shared. A settlement agreement documents the resolution of that dispute — the terms on which both sides agree to end it. The litigation agreement comes first and may contemplate a settlement; the settlement agreement closes the case. You may need both documents in the same matter.\n",{"question":398,"answer":399},"Does a litigation agreement need to be signed before filing a lawsuit?","Yes, in practice it should be signed before any pleading is filed or significant costs are incurred. Post-commencement signatures create gaps in cost allocation for early expenditures and may raise consideration problems that affect the enforceability of the agreement in common-law jurisdictions. Signing early also confirms that all parties have genuinely committed to the shared strategy before it becomes costly to exit.\n",{"question":401,"answer":402},"What is a litigation funding agreement and how does it differ?","A litigation funding agreement is a specific type of litigation agreement where a third-party investor — not a party to the underlying dispute — finances costs in exchange for a defined return from any recovery. A general litigation agreement can cover co-plaintiffs, cost sharing, and counsel authority without any external funder. The funded variant adds return mechanics, control rights for the funder, and typically a higher degree of contractual complexity around settlement authority.\n",{"question":404,"answer":405},"Is attorney-client privilege protected when parties share information under a litigation agreement?","It can be, but only if the agreement includes a properly drafted joint-privilege or common-interest clause. Without that clause, sharing privileged strategy documents with a co-plaintiff or funder may constitute a waiver of privilege, making those communications discoverable. The specific requirements for common-interest privilege vary by jurisdiction — consider having counsel review this clause before executing.\n",{"question":407,"answer":408},"Can any party withdraw from a litigation agreement?","Yes, typically on the terms set out in the termination clause — usually written notice after a cure period for breach, or on broader grounds if the parties negotiated a withdrawal right. A withdrawing party generally remains liable for their share of costs incurred to the exit date. Unrestricted withdrawal rights are a significant risk — one party walking away mid-case can leave the other responsible for the full cost burden.\n",{"question":410,"answer":411},"Are litigation agreements enforceable in all jurisdictions?","Generally yes, with important variations. In the US, litigation funding and co-plaintiff agreements are widely enforced, though some states retain older champerty and maintenance doctrines that restrict third-party funding. In the UK, litigation funding agreements are well-established and regulated by the Association of Litigation Funders' Code of Conduct. In Canada and the EU, enforceability depends on the specific jurisdiction and the nature of the arrangement. Engage local counsel before executing in any unfamiliar jurisdiction.\n",{"question":413,"answer":414},"What happens if the litigation is unsuccessful?","The indemnification and adverse costs clauses govern the outcome of a loss. Each party typically bears their contractual share of accumulated litigation costs. In loser-pays jurisdictions — the UK, Canada, and most EU member states — an adverse costs order can require payment of the winning side's fees, which the agreement should also allocate. A funder who loses their investment generally has no recovery unless the agreement includes specific downside protections.\n",[416,420,424,428,432,436],{"industry":417,"icon_asset_id":418,"specifics":419},"Financial Services","industry-fintech","Securities class actions, regulatory enforcement defence, and lender recovery claims frequently involve multiple institutional co-plaintiffs requiring formal cost-sharing and settlement-authority arrangements.",{"industry":421,"icon_asset_id":422,"specifics":423},"Technology / SaaS","industry-saas","IP enforcement campaigns — particularly patent and trade-secret litigation — often involve litigation funders and require precise proceeds-distribution formulas tied to licensing recovery milestones.",{"industry":425,"icon_asset_id":426,"specifics":427},"Construction and Real Estate","industry-construction","Multi-party construction disputes involving owners, contractors, and subcontractors as co-claimants frequently require joinder agreements that allocate costs and decision rights across three or more parties.",{"industry":429,"icon_asset_id":430,"specifics":431},"Professional Services","industry-professional-services","Law firms engaging in contingency-fee commercial litigation use litigation agreements to formalize fee arrangements, client settlement authority, and cost-recovery obligations before the matter begins.",{"industry":433,"icon_asset_id":434,"specifics":435},"Healthcare","industry-healthtech","Class actions and multi-plaintiff pharmaceutical or device litigation require coordinated litigation agreements to manage lead-plaintiff authority, expert costs, and settlement distribution across large claimant groups.",{"industry":437,"icon_asset_id":438,"specifics":439},"Manufacturing","industry-manufacturing","Supply-chain contract disputes and product liability claims often involve co-defendants or joint claimants requiring agreed cost-sharing ratios and settlement-consent thresholds before joint defence or recovery strategies are pursued.",[441,444,447,450],{"vs":86,"vs_template_id":442,"summary":443},"settlement-agreement-D13652","A litigation agreement governs the conduct of a dispute while it is ongoing — costs, authority, and strategy. A settlement agreement documents the final resolution, recording what each side agreed to pay or do to end the case. The litigation agreement comes first; the settlement agreement closes it. In most contested matters, you will need both.",{"vs":101,"vs_template_id":445,"summary":446},"arbitration-agreement-D13021","An arbitration agreement redirects a dispute from the courts to a private arbitral tribunal and is typically agreed before a dispute arises or at its outset. A litigation agreement assumes the parties have already chosen to litigate in court and governs how they manage that process together. If both are used, the arbitration agreement determines the forum; the litigation agreement governs the internal relationship between co-parties.",{"vs":235,"vs_template_id":448,"summary":449},"legal-services-agreement-D13020","A legal services agreement is a contract between a client and their law firm — it governs scope, fees, and billing. A litigation agreement is a contract between the parties to the dispute — it governs cost-sharing, settlement authority, and proceeds distribution. Both documents are often needed: the legal services agreement retains counsel, while the litigation agreement governs the co-party relationship.",{"vs":115,"vs_template_id":451,"summary":452},"mediation-agreement-D13023","A mediation agreement commits parties to attempt a facilitated negotiated resolution before or instead of litigating. A litigation agreement assumes negotiation has failed or is not the chosen path and formalizes the structure for pursuing a court claim. Parties sometimes use a mediation agreement first and only execute a litigation agreement if mediation breaks down.",{"use_template":454,"template_plus_review":458,"custom_drafted":462},{"best_for":455,"cost":456,"time":457},"Straightforward two-party cost-sharing arrangements or internal governance records for routine commercial disputes","Free","1–2 hours",{"best_for":459,"cost":460,"time":461},"Multi-party co-plaintiff arrangements, any agreement involving a litigation funder, or disputes in regulated industries","$500–$1,500 for a litigation attorney review","2–5 days",{"best_for":463,"cost":464,"time":465},"Complex funded litigation, class actions, cross-border disputes, or matters involving adverse costs exposure above $100K","$2,000–$8,000+","1–3 weeks",[467,472,477,482],{"code":468,"name":469,"flag_asset_id":470,"note":471},"us","United States","flag-us","Litigation funding is generally permitted and enforceable across most US states, though a minority still apply champerty and maintenance doctrines that can void third-party funding arrangements. Settlement authority and co-plaintiff agreements are broadly enforced as standard contracts. Attorney fee-sharing arrangements are subject to bar rules in each state — confirm compliance with applicable Rules of Professional Conduct before executing any fee-sharing provision.",{"code":473,"name":474,"flag_asset_id":475,"note":476},"ca","Canada","flag-ca","Canada has largely abolished champerty and maintenance as grounds to void litigation funding agreements, particularly in Ontario and British Columbia. Adverse costs orders — loser-pays — are standard in Canadian courts, making adverse costs allocation a critical clause. Quebec follows civil law principles and may treat co-plaintiff arrangements differently from common-law provinces. Legal fee-sharing arrangements must comply with provincial law society rules.",{"code":478,"name":479,"flag_asset_id":480,"note":481},"uk","United Kingdom","flag-uk","Third-party litigation funding is well established in England and Wales, governed by the Association of Litigation Funders' voluntary Code of Conduct and the Civil Justice Council's guidelines. Loser-pays costs orders are the default, and after-the-event (ATE) insurance is frequently used alongside litigation funding agreements to cover adverse costs exposure. Damages-based agreements (DBAs) and conditional fee agreements (CFAs) are regulated and must comply with specific statutory requirements.",{"code":483,"name":484,"flag_asset_id":485,"note":486},"eu","European Union","flag-eu","Litigation funding regulations vary significantly across EU member states — the practice is well developed in Germany and the Netherlands but more restricted in France and some Central European jurisdictions. The European Parliament's 2022 resolution called for harmonized regulation of third-party funding across member states, and rule changes are ongoing. GDPR considerations arise when litigation involves sharing personal data between co-plaintiffs or with funders. Engage local counsel in each relevant member state before executing cross-border litigation agreements.",[229,226,223,236,488,489,490,491,492,493,494,495],"non-disclosure-agreement-nda-D12692","indemnification-agreement-D13018","joint-venture-agreement-D889","confidentiality-agreement-D950","cease-and-desist-letter-D12916","demand-letter-D13262","retainer-agreement-D12703","general-power-of-attorney-D1037",{"emit_how_to":184,"emit_defined_term":184},{"primary_folder":95,"secondary_folder":498,"document_type":499,"industry":500,"business_stage":501,"tags":502,"confidence":507},"transfers-terminations-and-releases","agreement","general","all-stages",[503,504,505,506],"contract","litigation","dispute-resolution","legal-agreement",0.85,"\u003Ch2>What is a Litigation Agreement?\u003C/h2>\n\u003Cp>A \u003Cstrong>Litigation Agreement\u003C/strong> is a binding legal contract that governs the terms under which two or more parties cooperate in, fund, or manage a civil lawsuit or legal dispute. It defines each party's financial obligations, decision-making authority, settlement approval rights, confidentiality duties, and entitlement to any monetary recovery — creating an enforceable framework for the litigation process itself, separate from the underlying legal claim. Unlike a retainer letter or a settlement agreement, a litigation agreement operates throughout the life of the case, from filing through to final resolution or appeal.\u003C/p>\n\u003Ch2>Why You Need This Document\u003C/h2>\n\u003Cp>Without a litigation agreement, co-plaintiffs and funders routinely face a second dispute layered on top of the first: who approved that expert witness, who authorized the settlement offer, and who owes what when costs spiral past the original estimate. In jurisdictions that apply a loser-pays rule — including the UK, Canada, and most EU member states — an adverse costs order can equal 60–80% of the winning side's legal fees, and without a written allocation, that liability falls wherever a court decides to place it. A properly executed litigation agreement closes these gaps before they open: it locks in the cost-sharing ratio on day one, establishes a clear settlement threshold that protects every party's interests, preserves attorney-client privilege when strategy is shared across co-parties, and ensures that any recovery is distributed on agreed terms rather than through a second round of negotiation. This template gives you a complete, professionally structured starting point that you can adapt to your specific dispute — reducing the time and cost of getting the agreement in place so you can focus on the case itself.\u003C/p>\n",1778773497107]