Common use of Cautions Clause in Contracts

Cautions. 9.1 We understand that there are no guarantees that we will successfully resolve our differences by using the Collaborative Process. 9.2 We understand that the Process cannot eliminate concerns about the disharmony, distrust, and irreconcilable differences that have led to our current conflict or dispute. We understand that the Collaborative Process is not designed to address therapeutic or mental health issues. When these or other non-legal issues arise, we understand that the Collaborative Team members may deem it appropriate to refer either or both of us to experts or other professionals who are not part of the Collaborative Team and have not participated in the Collaborative Process. 9.3 We understand that until the Collaborative Process concludes, we are each voluntarily agreeing not to exercise our rights to engage in litigation, court hearings, and the formal discovery procedures described in Section 2.6. 9.4 We understand that by electing to forgo formal discovery in favor of voluntary informal disclosure of information related to the Matter, even with a representation or warranty of full and complete disclosure, we may be doing so at our own peril. 9.5 We understand that in the Collaborative Process each of us is expected to assert our own interests and that therefore we should not lapse into a false sense of security in the belief that the other participants in the Process will adequately assert our own interests without our personal participation. 9.6 We understand that there may be statutes of limitations or statutes with timing restrictions applicable to our respective legal rights, claims, and causes of action, and we acknowledge that we have been advised to seek the advice of our Collaborative Process lawyers or other lawyers about those matters. We understand that these circumstances may present a reason for beginning a court proceeding by our agreement even while our Collaborative Process Matter is in progress. 9.7 We understand that the Collaborative Process is voluntary and, despite our best efforts, we may not reach a mutually acceptable settlement. We also understand that either of us may become unwilling or unable to engage in necessary discussions, and that either of us may terminate the Collaborative Process at any time, and with or without cause. In any of those circumstances, the Collaborative Process would end, both Collaborative Process lawyers and their firms, the Collaborative Team and other professionals who participated in the Collaborative Process will be discharged and disqualified, and we would incur additional time and expense in obtaining different professionals and commencing litigation. We understand that we might feel pressure to settle in order to avoid this result and the additional costs. 9.8 We understand that the terms of this Agreement are subject to the Collaborative Process Act and rules of court. If any provision of this Agreement is determined by a court to be invalid, it will be deemed severable from the other parts hereof, and all other provisions of this Agreement will remain in full force and effect with such provision severed, and the provisions of the Act or rule of court will control.

Cautions. 9.1 We understand there is no guarantee that there are no guarantees that we the process will successfully resolve be successful in resolving our differences by using the Collaborative Process. 9.2 case. We understand that the Process process cannot eliminate concerns about the disharmony, distrust, and irreconcilable differences that have led to our the current conflict or disputeconflict. We understand that the Collaborative Process is not designed to address therapeutic or mental health issues. When these or other non-legal issues arise, we understand that the Collaborative Team members may deem it appropriate to refer either or both of us to experts or other professionals who are not part of the Collaborative Team and have not participated in the Collaborative Process. 9.3 We understand that until the Collaborative Process concludes, we are each voluntarily agreeing not to exercise our rights to engage in litigation, court hearings, and the formal discovery procedures described in Section 2.6. 9.4 We understand that by electing to forgo formal discovery in favor of voluntary informal disclosure of information related to the Matter, even with a representation or warranty of full and complete disclosure, we may be doing so at our own peril. 9.5 We understand that in the Collaborative Process each of us is still expected to assert our own interests and that therefore we should not lapse into a false sense our respective attorneys will help each of security in the belief us to do so. We acknowledge each of our attorneys only represents their individual client, and that the attorneys do not represent both of us. While our attorneys, who are also parties to this agreement, are committed to negotiation in an atmosphere of honesty and integrity, we cannot look to the attorney representing the other participants in party to provide legal advice or information. We know that each of us must rely solely on the Process will adequately assert advice of our own lawyers. Each lawyer continues to have the obligation to represent his or her respective client diligently and cannot represent the legal interests without our personal participation. 9.6 of the other party. We acknowledge that the transparency of this process between collaborative team professionals is subject to client confidences that are protected by the attorney-client privilege and other privileges provided by law except as specifically waived by a party. The full disclosure of financial information and sharing of other relevant information does not waive the attorney-client privilege or other privileges, but nor should it be used to withhold material information which would impair the collaborative process. We understand that there may be statutes of limitations or statutes with timing restrictions applicable to our respective legal rights, claims, and causes of action, and we acknowledge that we have been advised to seek the advice of our Collaborative Process lawyers or other lawyers about those matters. We understand that these circumstances may present a reason for beginning a court proceeding by our agreement even while our Collaborative Process Matter is in progress. 9.7 We understand that the Collaborative Process is voluntary and, despite our best efforts, we may not reach a mutually acceptable settlement. We also understand that either of us may become unwilling or unable to engage in necessary discussions, and that either of us may terminate the Collaborative Process at any time, and with or without cause. In any of those circumstances, the Collaborative Process would end, both Collaborative Process lawyers and their firms, the Collaborative Team and other professionals who participated in the Collaborative Process will be discharged and disqualified, and we would incur additional time and expense in obtaining different professionals and commencing litigation. We understand that we might feel pressure to settle in order to avoid this result and the additional costs. 9.8 We understand that the terms of this Agreement are subject advantages as well as disadvantages to the Collaborative Process Act Divorce process. Among the disadvantages are that (a) if the process breaks down and rules litigation ensues, we will likely incur expense because of the need to hire new counsel; (b) by agreeing not to go to court. If any provision , we will not be using formal discovery procedures, such as depositions under oath, and therefore we must trust in the principles of this Agreement is determined by a Collaborative Process, as set forth in this Agreement, that require us to provide all relevant documents and information; and (c) without the ability to use the authority of the court to be invalidorder a party to refrain from the transfer or dissipation of marital assets, it we must trust in each other’s commitment to the principles set forth in this Agreement. Among the advantages are that (a) our privacy will be deemed severable from the other parts hereofrespected and protected, and all other provisions of this Agreement (b) we will remain in full force and effect with such provision severed, and the provisions be represented every step of the Act or rule way in a process in which no one can use the threat of court litigation as a way to force settlement, (c) we will controlbe supported by other neutral professionals such as a coach and a financial specialist, (d) we will be able to control the pacing of the process and (e) we will only be asked to sign an Agreement that each of us finds acceptable.

Cautions. 9.1 We understand there is no guarantee that there are no guarantees that we the process will successfully resolve be successful in resolving our differences by using the Collaborative Process. 9.2 case. We understand that the Process process cannot eliminate concerns about the disharmony, distrust, and irreconcilable differences that have led to our the current conflict or disputeconflict. We understand that the Collaborative Process is not designed to address therapeutic or mental health issues. When these or other non-legal issues arise, we understand that the Collaborative Team members may deem it appropriate to refer either or both of us to experts or other professionals who are not part of the Collaborative Team and have not participated in the Collaborative Process. 9.3 We understand that until the Collaborative Process concludes, we are each voluntarily agreeing not to exercise our rights to engage in litigation, court hearings, and the formal discovery procedures described in Section 2.6. 9.4 We understand that by electing to forgo formal discovery in favor of voluntary informal disclosure of information related to the Matter, even with a representation or warranty of full and complete disclosure, we may be doing so at our own peril. 9.5 We understand that in the Collaborative Process each of us is still expected to assert our own interests and that therefore we should not lapse into a false sense our respective attorneys will help each of security in the belief us to do so. We acknowledge each of our attorneys only represents their individual client, and that the attorneys do not represent both of us. While our attorneys, who are also parties to this agreement, are committed to negotiation in an atmosphere of honesty and integrity, we cannot look to the attorney representing the other participants in party to provide legal advice or information. We know that each of us must rely solely on the Process will adequately assert advice of our own lawyers. Each lawyer continues to have the obligation to represent his or her respective client diligently and cannot represent the legal interests without our personal participation. 9.6 of the other party. We acknowledge that the transparency of this process between collaborative team professionals is subject to client confidences that are protected by the attorney-client privilege and other privileges provided by law except as specifically waived by a party. The full disclosure of financial information and sharing of other relevant information does not waive the attorney-client privilege or other privileges, but nor should it be used to withhold material information which would impair the collaborative process. We understand that there may be statutes of limitations or statutes with timing restrictions applicable to our respective legal rights, claims, and causes of action, and we acknowledge that we have been advised to seek the advice of our Collaborative Process lawyers or other lawyers about those matters. We understand that these circumstances may present a reason for beginning a court proceeding by our agreement even while our Collaborative Process Matter is in progress. 9.7 We understand that the Collaborative Process is voluntary and, despite our best efforts, we may not reach a mutually acceptable settlement. We also understand that either of us may become unwilling or unable to engage in necessary discussions, and that either of us may terminate the Collaborative Process at any time, and with or without cause. In any of those circumstances, the Collaborative Process would end, both Collaborative Process lawyers and their firms, the Collaborative Team and other professionals who participated in the Collaborative Process will be discharged and disqualified, and we would incur additional time and expense in obtaining different professionals and commencing litigation. We understand that we might feel pressure to settle in order to avoid this result and the additional costs. 9.8 We understand that the terms of this Agreement are subject advantages as well as disadvantages to the Collaborative Process Act Law Process. Among the disadvantages are that (a) if the process breaks down and rules litigation ensues, we will likely incur expense because of the need to hire new counsel; (b) by agreeing not to go to court. If any provision , we will not be using formal discovery procedures, such as depositions under oath, and therefore we must trust in the principles of this Agreement is determined by a Collaborative process, as set forth in this Agreement, that require us to provide all relevant documents and information; and (c) without the ability to use the authority of the court to be invalidorder a party to refrain from the transfer or dissipation of marital assets, it we must trust in each other’s commitment to the principles set forth in this Agreement. Among the advantages are that (a) our privacy will be deemed severable from the other parts hereofrespected and protected, and all other provisions of this Agreement (b) we will remain in full force and effect with such provision severed, and the provisions be represented every step of the Act or rule way in a process in which no one can use the threat of court litigation as a way to force settlement, (c) we will controlbe supported by other neutral professionals such as a coach and a financial specialist, (d) we will be able to control the pacing of the process and (e) we will only be asked to sign an Agreement that each of us finds acceptable.