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Termination Of Contract By Agreement
"I need a Termination of Contract by Agreement for a software development agreement with our vendor, including provisions for the handover of source code and ongoing maintenance support until March 2025."
1. Parties: Identification of all parties to the termination agreement
2. Background: Recitals describing the original contract and circumstances leading to termination
3. Definitions: Definitions of key terms used in the termination agreement
4. Termination: Clear statement of mutual agreement to terminate and effective date
5. Mutual Release: Release of parties from obligations under the original contract
6. Settlement of Accounts: Details of any final payments or financial settlements
7. Return of Property: Requirements for returning any property, documents, or materials
8. Confidentiality: Ongoing obligations regarding confidential information
9. Surviving Provisions: Clauses from original contract that remain in effect
10. Governing Law: Confirmation of Hong Kong law as governing law
11. Execution: Signature blocks and execution details
1. Intellectual Property Rights: Required when the original contract involved IP rights that need to be addressed
2. Non-Compete and Non-Solicitation: Include when parties wish to maintain restrictions post-termination
3. Tax Provisions: Required when termination has significant tax implications
4. Third Party Rights: Include when third party rights under Cap. 623 need to be addressed
5. Transition Arrangements: Required when handover or transition period is needed
6. Warranties: Include when specific representations are needed about post-termination status
7. Dispute Resolution: Optional detailed dispute resolution procedures for post-termination issues
1. Schedule 1 - Original Contract Details: Details of the contract being terminated including date and key terms
2. Schedule 2 - Settlement Calculations: Detailed breakdown of any financial settlements or payments
3. Schedule 3 - Property List: Inventory of items to be returned or transferred
4. Schedule 4 - Outstanding Obligations: List of any obligations that survive termination
5. Appendix A - Form of Release: Standard form for mutual release of claims if required
6. Appendix B - Handover Schedule: Timeline and process for any transition arrangements
Authors
Manufacturing
Technology
Financial Services
Professional Services
Retail
Construction
Healthcare
Education
Real Estate
Logistics
Media and Entertainment
Telecommunications
Consumer Goods
Energy
Hospitality
Legal
Procurement
Finance
Commercial
Operations
Business Development
Compliance
Risk Management
Contract Administration
Corporate Secretarial
Chief Executive Officer
Managing Director
Legal Counsel
Contract Manager
Procurement Manager
Business Development Manager
Commercial Director
Chief Financial Officer
Operations Manager
Project Manager
Account Manager
Compliance Officer
Risk Manager
General Counsel
Company Secretary
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