AGREEMENT ON DISPUTE SETTLEMENT THROUGH MEDIATION
UNDER a bank loan agreement on debt collection
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AGREEMENT on dispute settlement through judicial mediation city
Almaty January 21, 2019
AGREEMENT ON DISPUTE SETTLEMENT THROUGH MEDIATION UNDER A bank loan AGREEMENT on debt collection
We, the undersigned, are an Individual Entrepreneur ".............." in person.......... IIN: .........., Location: Almaty, ......................... representative by proxy dated 08/07/20... Haseinova Botagoz Akbarovna, certified by a notary in Almaty (license No.0001010 dated 04/03/2002 issued by the Ministry of Justice of the Republic of Kazakhstan), Sarzhanov Galymzhan Turlybekovich, born on 07/22/1985, IIN 850722301036, hereinafter referred to as "Party-1", and Individual Entrepreneur "......" in the face of ............, residing at the address: Almaty, ul. ................., representative by proxy dated __.__.2018 for No. 1069 certified by a notary in Almaty ........................ (license No. 0001010 dated 04/03/2002 issued by the Ministry of Justice of the Republic of Kazakhstan) is valid ............ ............... .........., .. ... .19.. year of birth, IIN ..............., hereinafter referred to as "Party-2", in the framework of the civil case №7..............., according to the claim of the sole proprietor "......." in person........... to the sole proprietor's respondent "............." represented by ........ on the recovery of the amount owed in connection with the non-fulfillment of obligations under the transaction, considered in the Specialized Interdistrict Economic Court of Almaty Judge Rakhimdzhanova G.A., hereinafter referred to as the "Parties", the Parties, in order to quickly resolve the conflict and avoid additional court costs, during negotiations and through mutual concessions, came to an agreement to conclude an agreement "on dispute settlement through mediation" on a voluntary basis and without any coercion from the outside, guided by art . 9 of the Civil Code of the Republic of Kazakhstan and art . 49, 194, 176, 177, 179, 180 of the CPC RK, concluded an agreement among themselves on the settlement of a dispute through mediation (hereinafter referred to as the Agreement) in the above-mentioned civil case on the following terms:
AGREEMENT ON DISPUTE SETTLEMENT THROUGH MEDIATION UNDER A bank loan AGREEMENT on debt collection
The parties agreed that the -1 Party partially fulfills the Claims of the -2 Party by paying within 30 days from the date of signing this Agreement and its approval by the court, funds in the amount of 140,000 tenge;
The parties came to an agreement that the -2 Party accordingly refuses to recover the rest of the Claims in the civil case. №.................., and in the future it has no claim to the Party-1;
The parties have agreed that Party 2, within 30 days from the date of signing this Agreement and its approval by the court, returns all materials on the work done to Contract No. 72 and under the Agreement on Termination of the contract for the provision of services for the development of the website and mobile application dated 02/16/2018 and undertakes not to use the work in the future Sides -1;
The Parties have agreed that Party-2, within 30 days from the date of signing this Agreement and its approval by the court, remove previously published video materials and posts insulting the business reputation of Party-1 from all Internet social networks, namely:
https://vk.com/...................................................
https://vk.com/...................................................
https://vk.com/...................................................
when requested.“........”issues offensive videos https://www.google.kz ..........................
The Parties have agreed that Party-2, within 30 days from the date of signing this Agreement and its approval by the court, publishes Video material and a Rebuttal Post on all social networks on the Internet, and sends it to all addresses/links where Party-2 previously sent posts and video materials insulting the business reputation of the Party-1.
Side-2 needs to record and publish a video with an apologetic appeal dedicated to Side-1, which will be supplemented with a similar text description. The name of the video message should be as follows: “An apology to the company ............ and .........”.
AGREEMENT ON DISPUTE SETTLEMENT THROUGH MEDIATION UNDER A bank loan AGREEMENT on debt collection
Mandatory requirements of Party-1 to Party-2: 5.1. The video and text message of the apologetic nature of Party-2 to Party-1 must be open for public viewing and commenting. 5.2. Video and text messages of an apologetic nature from Party-2 to Party-1 should not be deleted or edited from the moment of publication until January 1, 2025. 5.3. Party-2 is deprived of the rights to delete its account on various social networks, such as YouTube, Vkontakte, Instagram and Facebook until January 1, 2025, due to the fact that this behavior may lead to non-compliance with the above paragraph (2). 5.4. All previously published videos by Party-2 that are offensive The character in relation to side-1 should be removed from all sources and resources on which they were published. If videos of this kind are seen on any third-party and little-known sources, then Side-2 will be held fully morally and financially responsible. 5.5. An apologetic video message should be sent by Party-2 to absolutely all users of social networks to whom an offensive video was previously sent (exactly to all friends of Ivan Vostrikov on the Vkontakte social network) published by Party-2. The text of the appeal: I, (full name, name of the sole proprietor), would like to offer my sincere apologies ........., as well as to all his friends and acquaintances who viewed the offensive videos I had previously posted, which led to the desecration of his reputation as .......... personally, as well as companies owned by him, namely: “...........”, “...............” and “...............”. At the moment, no complaints about ........... I have no idea, and I want to notify everyone that the earlier incident has been completely exhausted, the amount concluded under the Contract with the company..................... returned to me in full. All the insults voiced in previous videos were voiced by me due to an emotional outburst, wounded pride and a thirst for revenge, which led to inappropriate behavior and unscrupulous statements addressed to ................., which, in fact, have no solid justification, and are not truthful.
AGREEMENT ON DISPUTE SETTLEMENT THROUGH MEDIATION UNDER A bank loan AGREEMENT on debt collection
The Parties have come to an agreement that, in case of non-fulfillment by the Party -1, the obligations specified in this agreement fully satisfy the claims of the Party -2;
The Parties came to an agreement that, in case of non-fulfillment by Party-2, the terms of the obligations stipulated in this agreement, then Party-2 returns to Party -1, funds in the amount of 140,000 tenge, and also compensates for damage caused by previously published video materials and posts on Internet social networks that offend honor and dignity, the business reputation of the Party-1 in the amount of 1,000,000 tenge;
The Parties have come to an agreement that, due to the above circumstances, Party -1 will have no future claims to previously published video materials and posts that offend the business reputation of Party 1 after fulfilling all points.;
By this Agreement, the Parties waive any claims filed against each other as of the date of this Agreement, except for the agreed amount specified in paragraph 1 of this Agreement, on debt collection in connection with non-fulfillment of obligations under the transaction specified in this Agreement, Court costs, including the cost of paying for the services of a representative, as well as any other costs incurred by the Parties directly and (or) indirectly related to the case of the specified claim, the Parties are not reimbursed to each other and will be borne by exclusively on the Side that suffered them, according to previously published video materials and posts that offend honor and dignity, business reputation;
The Parties confirm that after the execution of this Agreement, they will not have mutual claims against each other in the future regarding the Contractual Relationship and its resulting circumstances specified in this Agreement.;
Unilateral refusal to execute this Agreement is not allowed.;
In all other matters not regulated by this Agreement, the Parties will be guided by the current legislation of the Republic of Kazakhstan.;
The parties understand the content of Articles 9 of the Civil Code of the Republic of Kazakhstan and Articles 49, 194, 176, 177, 179, 180 of the Civil Procedure Code of the Republic of Kazakhstan, the legal consequences of the Agreement are known to them;
This Agreement has been drawn up, signed and handed over to each of the Parties, and one copy has also been handed over to the court for attachment to the materials of the civil case.;
This Agreement shall enter into force from the date of its signing by the Parties and approval by the Specialized Interdistrict Economic Court of Almaty.
The Parties waive the claims filed as of the date of this Agreement. After the approval of this Agreement by the Specialized Interdistrict Economic Court of Almaty, the civil proceedings are terminated.
The state fee paid by the Parties to the civil case is subject to refund.
The court explained to the parties the consequences of their procedural actions.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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