Legal Contracts Software Generator - Legal Contract Agreement Template for Constructive Fraud

# Constructive Fraud Legal Agreement **Agreement for Constructive Fraud** **Date:** [Insert Date] **Parties:** 1. **Party A:** [Insert Full Name and Address] 2. **Party B:** [Insert Full Name and Address] ## Recitals WHEREAS, Party A and Party B (collectively referred to as "the Parties") wish to enter into this Agreement concerning the potential claim of constructive fraud related to the transactions made on [Insert Date or Period]. WHEREAS, the Parties recognize the importance of clarifying their respective rights and obligations concerning any claims of constructive fraud to avoid potential litigation. ## Definitions For the purposes of this Agreement, the following definitions shall apply: 1. **Constructive Fraud:** An act or omission that is intended to deceive another party, where a legal obligation arises, regardless of whether actual fraud was intended. 2. **Transaction:** Any sale, exchange, or other action regarding property, goods, or services between the Parties. ## Agreement In consideration of the mutual promises and covenants herein, the Parties agree as follows: ### 1. Disclosure 1.1 Party A shall provide Party B with all relevant information regarding the transactions that could potentially involve constructive fraud. Information must be complete, accurate, and timely. 1.2 Party B shall likewise provide all requested information that may be pertinent to assessing the claims of constructive fraud. ### 2. Investigation 2.1 The Parties agree to cooperate fully in the investigation of any claims of constructive fraud. This includes providing access to documents, records, and other information deemed necessary for a comprehensive review. 2.2 If necessary, the Parties may elect to engage a neutral third-party investigator to assess the situation, the costs of which shall be shared equally unless otherwise agreed upon in writing. ### 3. Remedies 3.1 Should evidence of constructive fraud be substantiated, the Parties agree to negotiate in good faith to reach an amicable resolution, which may include: - Monetary compensation - Return of property or goods involved in the fraudulent transaction - A formal written apology - Any other mutually agreed-upon remedy. ### 4. Confidentiality 4.1 The Parties agree that all information disclosed during the course of this Agreement shall remain confidential and shall not be shared with any third party without the prior written consent of the other Party, except as required by law. ### 5. Governing Law 5.1 This Agreement shall be governed by and construed in accordance with the laws of the State of [Insert State]. ### 6. Amendment 6.1 This Agreement can only be amended or modified by a written agreement signed by both Parties. ### 7. Dispute Resolution 7.1 In the event of a dispute arising from this Agreement, the Parties agree to first attempt to resolve the issue through mediation, before proceeding to litigation. ### 8. Entire Agreement 8.1 This Agreement constitutes the entire understanding between the Parties regarding the subject matter herein and supersedes all prior agreements, whether written or oral. ## Signatures **Party A:** _____________________________ [Insert Name] [Insert Title if applicable] **Date:** ______________ **Party B:** _____________________________ [Insert Name] [Insert Title if applicable] **Date:** ______________ --- *Note: It is advised to consult with a legal professional to ensure that this agreement is tailored to the specific circumstances and complies with local laws.*