Non Performance Termination Letter Template for Hong Kong

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Key Requirements PROMPT example:

Non Performance Termination Letter

"I need a Non Performance Termination Letter for immediately ending a software development contract with TechBuild Solutions Ltd due to repeated missed deadlines and poor quality deliverables, with the termination to take effect from January 15, 2025."

Document background
The Non-Performance Termination Letter is a crucial document used when one party needs to formally terminate a contract due to the other party's failure to meet their contractual obligations under Hong Kong law. This document is typically employed after previous attempts to resolve performance issues have been unsuccessful, or when immediate termination is warranted due to serious breaches. It must be carefully drafted to ensure compliance with Hong Kong legal requirements, including proper reference to the original contract, specific details of the breach, and clear termination terms. The letter serves multiple purposes: it formally documents the termination, provides legal notice to the non-performing party, and creates a record for potential future legal proceedings. It's essential to include specific instances of non-performance, reference relevant contract clauses, and clearly state the termination's effective date and consequences.
Suggested Sections

1. Recipient Details and Date: Full name, position, and address of the recipient, along with the current date

2. Contract Reference: Clear identification of the contract being terminated, including date and parties

3. Non-Performance Details: Specific description of the breach or non-performance issues, including dates and instances

4. Contract Clause Reference: Reference to specific contractual provisions that permit termination

5. Termination Statement: Clear and unequivocal statement of termination and effective date

6. Immediate Actions Required: List of required actions such as return of property, final payments, or cessation of services

7. Reservation of Rights: Statement preserving rights to seek remedies for the breach

Optional Sections

1. Previous Notifications: Reference to prior warnings or notices if any were issued

2. Transition Arrangements: Details of any handover or transition requirements, if applicable

3. Surviving Obligations: Reminder of contract provisions that survive termination

4. Dispute Resolution Process: Include if specific dispute resolution procedures need to be highlighted

5. Settlement Terms: If termination includes any settlement or payment arrangements

6. Confidentiality Reminder: Reiteration of confidentiality obligations if particularly relevant

Suggested Schedules

1. Schedule of Non-Performance Events: Detailed list and evidence of non-performance instances

2. Schedule of Outstanding Items: List of any company property, documents, or materials to be returned

3. Schedule of Outstanding Payments: Details of any financial settlements or outstanding payments

4. Communication Log: Record of relevant prior communications regarding the non-performance

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

Financial Services

Professional Services

Construction

Real Estate

Technology

Manufacturing

Retail

Healthcare

Education

Logistics

Telecommunications

Consulting

Relevant Teams

Legal

Procurement

Operations

Commercial

Risk Management

Compliance

Contract Management

Business Development

Project Management

Executive Management

Relevant Roles

Chief Executive Officer

Managing Director

Legal Counsel

Contract Manager

Procurement Manager

Project Manager

Operations Director

Commercial Director

Risk Manager

Compliance Officer

Business Development Manager

Account Manager

General Counsel

Company Secretary

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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