In the absence of the declassification clause in the addendum, the State could possibly have paid damages to IBM. Lawyers should exercise caution in designing settlement agreements to ensure that the client`s instructions are fully taken into account, including compromise terms such as declassification clauses. When drawing up a settlement agreement, it is important to first identify the dispute precisely and determine whether the release clause works as intended. If you are the defendant, you must ensure that all businesses related to the counterparty are covered by the unlocking of claims in order to broaden the scope of the agreement. However, even if you are able to assert your rights, you may be willing to include such a provision if none of your affiliates had a viable right in all cases.