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Termination Of Contract By Agreement Template for Switzerland

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Key Requirements PROMPT example:

Termination Of Contract By Agreement

"I need a Termination of Contract by Agreement under Swiss law to end a software development agreement with our vendor, ensuring all source code is properly transferred and maintaining confidentiality of client data after March 15, 2025."

Document background
The Termination of Contract by Agreement is essential when parties mutually decide to end their contractual relationship before its natural expiration or when they want to formally document the end of an ongoing contract. Under Swiss law, this document provides a clean and legally secure way to terminate existing obligations while protecting all parties' interests. It is commonly used in various business contexts, from service agreements to joint ventures, and must comply with the Swiss Code of Obligations. The agreement typically includes provisions for final settlements, releases, and the handling of any ongoing obligations or confidential information. This type of agreement is particularly valuable in avoiding potential disputes by clearly documenting the terms of separation and ensuring all parties have a clear understanding of their rights and obligations post-termination.
Suggested Sections

1. Parties: Identification of all contracting parties with full legal names and addresses

2. Background: Reference to the original contract being terminated, its date, and key details

3. Definitions: Definitions of key terms used in the termination agreement

4. Termination: Clear statement of mutual agreement to terminate the original contract and the effective date of termination

5. Settlement of Accounts: Details of final payments, reconciliation of accounts, and settlement of any outstanding obligations

6. Mutual Release: Mutual release from future obligations under the original contract, subject to any surviving provisions

7. Surviving Provisions: Identification of any provisions from the original contract that will survive termination

8. Return of Property: Obligations regarding the return of any property, documents, or confidential information

9. Governing Law: Confirmation of Swiss law as the governing law of the termination agreement

10. Execution: Signature blocks and execution details

Optional Sections

1. Non-Disparagement: Mutual obligations not to make negative statements about each other, often used in sensitive terminations

2. Confidentiality: Provisions regarding the confidentiality of the termination agreement and its terms, if not covered in surviving provisions

3. Tax Provisions: Specific provisions regarding tax implications of the termination, used when significant financial settlements are involved

4. Employee Matters: Provisions dealing with employee transfers or treatment, used when the contract termination affects employment relationships

5. Intellectual Property: Specific provisions regarding the handling of IP rights post-termination, used when IP was involved in the original contract

6. Insurance and Indemnities: Specific provisions regarding ongoing insurance obligations or indemnities, used for high-risk contracts

7. Public Announcements: Provisions regarding public communications about the termination, used for significant commercial relationships

Suggested Schedules

1. Schedule of Outstanding Payments: Detailed list of all outstanding payments and their settlement terms

2. Schedule of Property to be Returned: Itemized list of all physical and intellectual property to be returned by each party

3. Schedule of Surviving Obligations: Detailed list of all provisions from the original contract that will survive termination

4. Timeline Schedule: Detailed timeline for implementing various aspects of the termination

5. Release Documentation: Forms of release or waiver to be executed as part of the 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

Financial Services

Information Technology

Professional Services

Real Estate

Construction

Healthcare

Retail

Hospitality

Education

Telecommunications

Energy

Transportation

Media and Entertainment

Agriculture

Pharmaceutical

Relevant Teams

Legal

Procurement

Finance

Operations

Commercial

Risk and Compliance

Business Development

Human Resources

Supply Chain

Project Management

Contract Administration

Executive Leadership

Relevant Roles

Legal Counsel

Contract Manager

Business Development Manager

Chief Executive Officer

Chief Financial Officer

Chief Operating Officer

Procurement Manager

Project Manager

Commercial Director

Risk Manager

Compliance Officer

General Counsel

Operations Director

Account Manager

Supply Chain Manager

HR 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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