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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."
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
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
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
Original Contract
Effective Date
Termination Date
Parties
Confidential Information
Intellectual Property Rights
Outstanding Obligations
Settlement Amount
Company Property
Business Day
Force Majeure
Surviving Provisions
Related Parties
Representatives
Claim
Losses
Material Breach
Completion
Handover Date
Release
Transition Period
Governing Law
Jurisdiction
Affiliate
Working Day
Mutual Release
Effective Date
Settlement of Accounts
Final Payment
Return of Property
Mutual Release
Confidentiality
Non-Compete
Intellectual Property
Data Protection
Surviving Obligations
Warranties and Representations
Cooperation
Release of Claims
Indemnification
Transition Arrangements
Final Settlement
Governing Law
Dispute Resolution
Severability
Entire Agreement
Amendment
Notices
Third Party Rights
Costs
Force Majeure
Assignment
Waiver
Manufacturing
Technology
Professional Services
Retail
Construction
Healthcare
Financial Services
Real Estate
Transportation
Energy
Telecommunications
Education
Software and IT
Consulting
Media and Entertainment
Automotive
Legal
Finance
Human Resources
Procurement
Operations
Commercial
Risk Management
Compliance
Business Development
Contract Administration
Corporate Affairs
Project Management
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
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