Termination Of Contract By Agreement Template for Germany

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Key Requirements PROMPT example:

Termination Of Contract By Agreement

"I need a Termination of Contract by Agreement under German law for a software licensing agreement between my tech company and a service provider, including provisions for the handover of source code and transition support until March 2025."

Document background
The Termination of Contract by Agreement is a crucial legal document used when parties mutually decide to end their contractual relationship under German law. This document is particularly relevant when both parties wish to terminate their obligations amicably, avoiding potential disputes or litigation. It addresses key aspects such as the effective termination date, final settlements, return of property, and ongoing obligations, ensuring compliance with the German Civil Code (BGB). The agreement is commonly used in various business contexts, from employment relationships to commercial contracts, and can be adapted to specific circumstances while maintaining its core purpose of providing a clear framework for contract termination. It's essential for risk management and maintaining good business relationships while ensuring legal certainty for all parties involved.
Suggested Sections

1. Parties: Identification and details of all contracting parties involved in the termination agreement

2. Background: Details of the original contract being terminated, including its date and purpose, and the parties' desire to terminate by mutual agreement

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

4. Termination: Clear statement of the termination of the original contract and the effective date

5. Settlement of Accounts: Agreement on final payments, refunds, or financial settlements between the parties

6. Return of Property: Obligations regarding the return of any physical or intellectual property

7. Mutual Release: Release of claims and obligations between the parties

8. Confidentiality: Ongoing obligations regarding confidential information

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

10. Governing Law: Confirmation of German law as the governing law

11. Signatures: Execution block for all parties to sign

Optional Sections

1. Non-Compete Obligations: Included when parties need to address ongoing competition restrictions

2. Employee Matters: Used when termination affects employment relationships or staff transfers

3. Insurance and Indemnity: Included when specific insurance or indemnification provisions need to survive

4. Tax Provisions: Used when there are specific tax implications that need to be addressed

5. Intellectual Property Rights: Included when IP ownership or licensing needs to be clarified post-termination

6. Data Protection: Used when personal data processing is involved and GDPR compliance needs to be addressed

7. Press Releases: Included when public announcements about the termination need to be coordinated

8. Transition Assistance: Used when one party needs to provide transition support after termination

Suggested Schedules

1. Schedule 1 - Outstanding Payments: Detailed list of all outstanding payments and financial settlements

2. Schedule 2 - Property Inventory: List of all physical and digital assets to be returned or transferred

3. Schedule 3 - Surviving Obligations: Detailed list of specific obligations that survive termination

4. Appendix A - Original Contract: Copy of the original contract being terminated

5. Appendix B - Release Forms: Standard forms for mutual release of obligations

6. Appendix C - Handover Protocol: Protocol for the handover of any assets, documents, or responsibilities

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

Manufacturing

Technology

Professional Services

Retail

Construction

Healthcare

Financial Services

Real Estate

Transportation

Energy

Telecommunications

Education

Software and IT

Consulting

Media and Entertainment

Automotive

Relevant Teams

Legal

Finance

Human Resources

Procurement

Operations

Commercial

Risk Management

Compliance

Business Development

Contract Administration

Corporate Affairs

Project Management

Relevant Roles

Legal Counsel

Contract Manager

Business Development Manager

Chief Executive Officer

Chief Financial Officer

Chief Legal Officer

Procurement Manager

Human Resources Director

Commercial Director

Operations Manager

Project Manager

Account Manager

Risk Manager

Compliance Officer

General Counsel

Business Unit Director

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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