Mutual Release And Termination Agreement Template for Malaysia

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Key Requirements PROMPT example:

Mutual Release And Termination Agreement

"I need a Mutual Release and Termination Agreement for ending a software development service contract with a Malaysian vendor, ensuring all source code is transferred to us by March 15, 2025, and including comprehensive confidentiality provisions."

Document background
The Mutual Release and Termination Agreement is a critical legal instrument used in Malaysian business practice when parties mutually agree to end their contractual relationship. It's particularly relevant when businesses need to formally conclude their obligations while protecting themselves from future claims. This document type is commonly used in situations where parties wish to amicably end their business relationship, during corporate restructuring, or when projects conclude earlier than planned. The agreement must comply with Malaysian contract law, including the Contracts Act 1950 and relevant commercial regulations. It typically includes detailed provisions for the termination process, mutual releases, settlement of outstanding obligations, and any post-termination arrangements. The document's importance lies in its ability to provide legal certainty and closure while maintaining professional relationships.
Suggested Sections

1. Parties: Identifies and defines all parties to the agreement with their full legal names and addresses

2. Background: Recitals describing the original agreement(s), the parties' relationship, and their desire to terminate and release each other

3. Definitions: Defines key terms used throughout the agreement, including reference to the Original Agreement and Effective Date

4. Termination: Sets out the termination of the Original Agreement and specifies the Effective Date of termination

5. Mutual Release: Details the scope of mutual releases, including claims, obligations, and liabilities being released

6. Settlement of Outstanding Obligations: Addresses any final payments, returns of property, or other obligations to be fulfilled

7. Representations and Warranties: Each party's confirmations regarding authority to enter agreement and understanding of its effects

8. Survival: Specifies which provisions of the Original Agreement survive termination, if any

9. Governing Law and Jurisdiction: Confirms Malaysian law governs the agreement and specifies jurisdiction for disputes

10. Execution: Signature blocks and execution provisions

Optional Sections

1. Confidentiality: Required when parties need to maintain confidentiality of the original agreement or termination terms

2. Non-Disparagement: Include when parties wish to prevent negative statements about each other post-termination

3. Tax Matters: Necessary when termination involves significant financial settlements or tax implications

4. Dispute Resolution: Include when parties want specific dispute resolution procedures for future disagreements

5. Return of Property: Required when physical or intellectual property needs to be returned or transferred

6. Further Assurance: Include when additional actions may be needed post-termination

7. Severability: Optional clause to ensure remainder of agreement survives if any part is found invalid

Suggested Schedules

1. Schedule 1 - Original Agreement: Copy or details of the agreement(s) being terminated

2. Schedule 2 - Outstanding Obligations: List of any remaining obligations and how they will be settled

3. Schedule 3 - Settlement Payments: Details of any financial settlements, including payment terms and amounts

4. Schedule 4 - Property Transfer List: Inventory of any properties or materials to be returned or transferred

5. Schedule 5 - Surviving Provisions: List of specific provisions from the Original Agreement that will survive termination

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

Construction

Real Estate

Financial Services

Retail

Healthcare

Education

Telecommunications

Energy

Transportation

Hospitality

Media and Entertainment

Relevant Teams

Legal

Executive Leadership

Finance

Operations

Procurement

Risk and Compliance

Commercial

Business Development

Project Management

Contract Administration

Relevant Roles

Chief Executive Officer

Managing Director

Legal Counsel

Contract Manager

Business Development Manager

Chief Financial Officer

Operations Director

Project Manager

Procurement Manager

Risk Manager

Compliance Officer

Company Secretary

General Manager

Commercial 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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