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Termination Of Business Contract Template for Germany

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Key Requirements PROMPT example:

Termination Of Business Contract

"I need a Termination of Business Contract under German law to end a software development agreement with our supplier by March 1, 2025, including provisions for code handover and ongoing maintenance during a 3-month transition period."

Document background
The Termination Of Business Contract is a crucial legal instrument used when parties need to formally end their business relationship under German law. It becomes necessary when either mutual agreement to terminate exists, or when one party exercises their termination rights under the original contract or statutory provisions. This document addresses various scenarios including service agreements, supply contracts, distribution agreements, and cooperation arrangements. It must comply with German legal requirements, particularly the Civil Code (BGB) and Commercial Code (HGB), while considering industry-specific regulations and EU law where applicable. The agreement typically includes detailed provisions for handling the practical aspects of termination, such as asset returns, final settlements, and ongoing obligations, while ensuring legal certainty for all parties involved.
Suggested Sections

1. Parties: Identification of all contracting parties, including full legal names, registration numbers, and addresses

2. Background: Reference to the original contract being terminated, its date, and brief context of the business relationship

3. Definitions: Key terms used in the termination agreement, including references to defined terms from the original contract that remain relevant

4. Termination Date: Clear specification of when the termination becomes effective, including any transition periods

5. Basis for Termination: Legal grounds for termination, whether mutual agreement or unilateral termination with cause

6. Outstanding Obligations: Statement of any remaining payments, deliverables, or services to be completed before or after termination

7. Return of Property: Requirements for returning physical and intellectual property, documents, and other assets

8. Confidentiality: Continuation of confidentiality obligations post-termination

9. Final Settlement: Terms of final payment and settlement of accounts

10. Release and Waiver: Mutual release from future claims related to the terminated contract

11. Survival Clauses: Identification of contract provisions that survive termination

12. Governing Law: Confirmation of German law application and jurisdiction

Optional Sections

1. Transition Arrangements: Detailed transition plan when complex handover of operations is required

2. Employee Matters: Required when termination affects employment relationships or transfer of employees

3. Intellectual Property Rights: Detailed provisions for IP ownership and licensing post-termination when significant IP is involved

4. Non-Compete Obligations: Post-termination competition restrictions, if applicable and enforceable

5. Data Protection: Specific provisions for handling personal data post-termination when GDPR compliance is relevant

6. Customer/Supplier Notice: Requirements for notifying third parties when business relationships are affected

7. Dispute Resolution: Special dispute resolution mechanisms if standard court jurisdiction is not desired

8. Force Majeure Impact: Required when termination is related to force majeure events

Suggested Schedules

1. Schedule 1: Outstanding Payments: Detailed list of all outstanding payments and payment schedule

2. Schedule 2: Asset Register: Inventory of assets to be returned or transferred

3. Schedule 3: Transition Timeline: Detailed timeline for implementing the termination and transition activities

4. Schedule 4: Contact Details: List of key contacts for termination implementation

5. Appendix A: Original Contract: Copy of the original contract being terminated

6. Appendix B: Settlement Calculation: Detailed calculation of final settlement amounts

7. Appendix C: Handover Documents: Templates and procedures for business handover

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 and Software

Retail and Consumer Goods

Professional Services

Construction

Healthcare

Financial Services

Logistics and Transportation

Energy and Utilities

Telecommunications

Real Estate

Industrial Services

Automotive

Agriculture and Food

Media and Entertainment

Relevant Teams

Legal

Finance

Procurement

Operations

Commercial

Risk and Compliance

Business Development

Contract Administration

Corporate Affairs

Supply Chain

Project Management

Account Management

Relevant Roles

Chief Executive Officer

Chief Legal Officer

Legal Counsel

Contract Manager

Business Development Manager

Chief Financial Officer

Procurement Manager

Operations Director

Commercial Director

Risk Manager

Compliance Officer

Project Manager

Account Manager

Supply Chain Manager

Business Unit Director

Corporate Secretary

General Manager

Managing 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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