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Deed Of Termination And Release Template for Switzerland

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Key Requirements PROMPT example:

Deed Of Termination And Release

"I need a Deed of Termination and Release under Swiss law to end a software distribution agreement with our German partner effective March 1, 2025, including provisions for the return of source code and ongoing maintenance of existing customer installations."

Document background
A Deed of Termination and Release is utilized when parties wish to formally and definitively end their contractual relationships while ensuring legal certainty under Swiss law. This document type is particularly relevant when parties need to terminate existing agreements before their natural expiry, require mutual releases from future claims, or want to document final settlements. The deed format provides additional formality and enforceability compared to simple termination agreements. When drafting a Deed of Termination and Release, particular attention must be paid to Swiss legal requirements, including formal execution requirements and specific provisions under the Swiss Code of Obligations. The document typically includes detailed provisions about termination effects, mutual releases, final payments, return of property, and any surviving obligations.
Suggested Sections

1. Parties: Identification of all parties to the deed, including their full legal names, addresses, and registration details if corporate entities

2. Background: Recitals explaining the context, including reference to existing agreements being terminated and the parties' desire to terminate and release each other

3. Definitions: Definitions of key terms used throughout the deed, including 'Effective Date', 'Existing Agreements', and 'Claims'

4. Termination: Clear statement of termination of the Existing Agreements from the Effective Date

5. Mutual Release: Comprehensive mutual releases between the parties from all claims, liabilities, and obligations arising from the Existing Agreements

6. Return of Property: Obligations regarding the return or destruction of confidential information, materials, and property

7. Payment Obligations: Details of any final payments or settlements between the parties

8. Acknowledgments: Mutual acknowledgments regarding the finality of the termination and understanding of the releases

9. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for any disputes

10. Execution: Formal execution blocks meeting Swiss law requirements for deeds

Optional Sections

1. Surviving Provisions: Identification of any provisions from the Existing Agreements that will survive termination - include when certain obligations need to continue

2. Tax Provisions: Specific provisions dealing with tax consequences - include when there are significant tax implications

3. Non-Compete/Non-Solicitation: Provisions restricting future competitive activities - include when business protection is needed post-termination

4. Cooperation: Obligations for future cooperation between parties - include when ongoing interaction is necessary

5. Public Announcements: Controls on public statements about the termination - include for high-profile or sensitive terminations

6. Insurance: Provisions regarding maintaining insurance coverage - include when there are ongoing risks

7. Dispute Resolution: Alternative dispute resolution procedures - include when parties prefer mediation/arbitration over court proceedings

Suggested Schedules

1. Schedule 1 - Existing Agreements: List of all agreements being terminated, including dates and parties

2. Schedule 2 - Surviving Obligations: Detailed list of any obligations that survive termination

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

4. Schedule 4 - Property to be Returned: Inventory of physical or intellectual property to be returned or transferred

5. Appendix A - Form of Public Announcement: Agreed form of any public statements regarding the termination

6. Appendix B - Completion Actions: Checklist of actions to be completed by each party upon termination

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























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Relevant Industries

Manufacturing

Technology

Financial Services

Professional Services

Healthcare

Retail

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Relevant Teams

Legal

Compliance

Procurement

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Business Development

Risk Management

Operations

Finance

Corporate Secretariat

Executive Leadership

Mergers & Acquisitions

Vendor Management

Contract Administration

Relevant Roles

Legal Counsel

Contract Manager

Commercial Director

Chief Legal Officer

Business Development Manager

Procurement Manager

Corporate Secretary

Risk Manager

Compliance Officer

Operations Director

Chief Executive Officer

Chief Financial Officer

Partnership Manager

Alliance Manager

General Counsel

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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A Swiss law-governed deed that formally terminates existing agreements between parties and provides mutual releases from future claims.

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A Swiss law-governed deed that formalizes dispute resolution and mutual releases between parties, providing a binding settlement framework under Swiss jurisdiction.

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