Early Termination Agreement Template for Germany

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Key Requirements PROMPT example:

Early Termination Agreement

"I need an Early Termination Agreement under German law for terminating an employment contract with a senior software developer, including provisions for a reference letter and three months' severance pay, with the termination to be effective from March 1, 2025."

Document background
The Early Termination Agreement (Aufhebungsvertrag) is a crucial document under German law used when parties wish to mutually end their contractual relationship before its natural expiration or notice period. This type of agreement is particularly common in employment relationships but is also used in various commercial contexts such as service agreements, lease contracts, and distribution agreements. The document ensures legal certainty by clearly defining the termination terms, addressing all financial aspects, and including necessary waivers and releases. It must comply with German legal requirements, particularly the Civil Code (BGB) provisions regarding contract termination and form requirements. The agreement is especially important as it helps prevent future disputes by providing a comprehensive framework for the termination and its consequences.
Suggested Sections

1. Parties: Identification of the contracting parties, including full legal names, addresses, and any registration numbers

2. Background: Brief description of the existing contractual relationship and the circumstances leading to early termination

3. Definitions: Definitions of key terms used throughout the agreement

4. Mutual Agreement to Terminate: Clear statement of the parties' mutual consent to terminate the existing agreement and the effective termination date

5. Outstanding Payments: Details of any payments due up to the termination date and settlement of accounts

6. Return of Property: Provisions regarding the return of any property, documents, or materials between parties

7. Confidentiality Obligations: Confirmation of ongoing confidentiality obligations post-termination

8. Mutual Release: Mutual waiver and release of claims related to the terminated agreement

9. Surviving Provisions: Identification of any provisions from the original agreement that will survive termination

10. Governing Law and Jurisdiction: Confirmation of German law as governing law and jurisdiction for disputes

11. Entire Agreement: Standard entire agreement clause

12. Execution: Signature blocks and execution requirements

Optional Sections

1. Severance Payment: For employment contracts: details of any severance or compensation payment (Abfindung)

2. Reference Letter: For employment contracts: agreement regarding the provision and content of a reference letter (Arbeitszeugnis)

3. Non-Competition: Confirmation or modification of any existing non-compete obligations

4. Insurance and Benefits: For employment contracts: handling of insurance and benefit arrangements

5. Intellectual Property: Specific provisions regarding IP rights and their transfer or retention

6. Data Protection: Specific provisions regarding handling of personal data post-termination

7. Press Releases: Agreement on public announcements regarding the termination

8. Transition Assistance: Provisions for handover of responsibilities or transition support

Suggested Schedules

1. Schedule of Outstanding Payments: Detailed breakdown of all financial settlements, including any pro-rata calculations

2. Schedule of Company Property: Itemized list of all property to be returned

3. Schedule of Surviving Obligations: Detailed list of obligations that continue post-termination

4. Calculation of Severance Payment: For employment contracts: detailed calculation of severance payments and benefits

5. Handover Plan: Timeline and responsibilities for transition of duties or projects

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Technology

Manufacturing

Financial Services

Real Estate

Healthcare

Retail

Professional Services

Construction

Energy

Telecommunications

Transportation

Education

Media and Entertainment

Pharmaceutical

Agriculture

Relevant Teams

Legal

Human Resources

Finance

Procurement

Operations

Compliance

Risk Management

Commercial

Business Development

Project Management

Relevant Roles

Legal Counsel

HR Director

HR Manager

Chief Financial Officer

Financial Controller

Procurement Manager

Contract Manager

Business Development Manager

Operations Director

General Manager

Managing Director

Compliance Officer

Risk Manager

Commercial Director

Project Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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