1. Parties: Identification of the Owner/Employer and Contractor, including their full legal names, registration numbers, and physical addresses
2. Background: Details of the original construction contract, including date of execution, project description, and reference to key contract documents
3. Definitions: Definitions of key terms used in the termination agreement, including references to terms from the original contract that remain relevant
4. Termination Date: Specific date when the contract termination becomes effective
5. Mutual Agreement to Terminate: Express statement of both parties' agreement to terminate the contract and acknowledgment that the termination is by mutual consent
6. Status of Works: Description of the current state of construction works and percentage of completion at termination
7. Financial Settlement: Details of final payment calculations, including work completed, materials on site, and any adjustments
8. Return of Materials and Equipment: Provisions for handling construction materials, equipment, and other assets on site
9. Site Handover: Process and timeline for contractor's orderly withdrawal from the site and handover procedures
10. Documentation: Requirements for transfer of relevant documentation, including as-built drawings, warranties, and certificates
11. Release and Discharge: Mutual release of claims and obligations, except those specifically preserved in the termination agreement
12. Surviving Obligations: Identification of contract provisions that survive termination, such as confidentiality and warranties
13. Governing Law: Confirmation that South African law governs the termination agreement
14. Execution: Signature blocks and execution requirements for both parties
