Hargrove: Drafting the Settlement Agreement

After 6 weeks of without-prejudice negotiation, the parties have reached a settlement. The key terms agreed are: (1) Cavendish will carry out specified repairs within 90 days (per attached schedule). (2) Cavendish will pay Hargrove £75,000 in full and final settlement of the misrepresentation claim. (3) Hargrove will pay the £27,000 withheld rent within 14 days of completion of the repairs. (4) Mutual releases of all claims arising from the matter to date. (5) Confidentiality (mutual, with standard carve-outs). (6) The lease continues on its existing terms (subject to the repairs). (7) Disputes about the settlement to be resolved by mediation, then arbitration. Mark wants you to draft the key clauses. He says: 'Test your understanding of how each clause should be structured. The full agreement will be reviewed by a partner before signature.'