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Contract Termination By Agreement Template for India

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Key Requirements PROMPT example:

Contract Termination By Agreement

"I need a Contract Termination By Agreement for mutually ending an IT services contract with our software development vendor, including provisions for the handover of source code and ongoing maintenance support until March 2025."

Document background
The Contract Termination By Agreement is essential when parties wish to formally end their contractual relationship by mutual consent in India. This document is particularly useful when both parties have agreed to discontinue their business relationship amicably and need to document the terms of separation. It's governed by Indian contract law, primarily the Indian Contract Act, 1872, and includes crucial elements such as the effective termination date, settlement of pending obligations, mutual releases, and preservation of certain rights and obligations post-termination. The agreement is commonly used in various business contexts, from service agreements to supply contracts, and helps prevent future disputes by clearly documenting the termination terms and conditions. It's especially relevant in the Indian business environment where formal documentation of contract termination is crucial for legal and regulatory compliance.
Suggested Sections

1. Parties: Identification of all parties to the original contract and this termination agreement

2. Background: Brief recital of the original contract details and circumstances leading to termination

3. Definitions: Key terms used in the termination agreement, including reference to defined terms from original contract

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

5. Mutual Release: Release of parties from future obligations under the original contract

6. Settlement of Outstanding Obligations: Agreement on handling any pending payments, deliverables, or obligations

7. Return of Property: Requirements for returning any physical or intellectual property

8. Surviving Provisions: Identification of original contract provisions that will survive termination

9. Confidentiality: Ongoing obligations regarding confidential information

10. Governing Law: Confirmation of applicable law and jurisdiction

11. Entire Agreement: Statement that this document represents the complete termination agreement

Optional Sections

1. Third Party Rights: Include when the termination affects rights of third parties or requires their consent

2. Tax Implications: Include when termination involves significant financial settlements or tax considerations

3. Non-Disparagement: Include when parties wish to prevent negative statements post-termination

4. Transition Arrangements: Include when handover of work or responsibilities is required

5. Insurance and Indemnities: Include when ongoing liability coverage or indemnification is necessary

6. Dispute Resolution: Include when specific dispute resolution mechanisms are needed post-termination

Suggested Schedules

1. Schedule of Outstanding Payments: Detailed list of all pending financial obligations and their settlement terms

2. Schedule of Assets for Return: Inventory of physical or digital assets to be returned by each party

3. Schedule of Surviving Obligations: Detailed list of specific obligations that survive termination

4. Schedule of Transition Timeline: Detailed timeline for completing any transition activities

5. Schedule of Released Claims: Specific list of claims being released through 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

























Clauses































Relevant Industries

Information Technology

Manufacturing

Real Estate

Professional Services

Retail

Construction

Healthcare

Education

Financial Services

Telecommunications

Energy

Transportation

Agriculture

Entertainment

Hospitality

Relevant Teams

Legal

Procurement

Commercial

Finance

Operations

Compliance

Risk Management

Business Development

Contract Administration

Corporate Secretarial

Relevant Roles

Legal Counsel

Contract Manager

Chief Legal Officer

Business Development Manager

Project Manager

Procurement Manager

Company Secretary

Chief Executive Officer

Chief Financial Officer

Operations Director

Risk Manager

Compliance Officer

Commercial Director

Account Manager

General Manager

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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