Termination Of Agency Agreement Template for Austria

The Termination of Agency Agreement is used when a Principal wishes to end a commercial agency relationship in Austria in compliance with legal requirements. This document is essential for properly concluding agency relationships governed by the Austrian Commercial Agents Act (Handelsvertretergesetz), which provides specific protections for commercial agents, including mandatory compensation claims (Ausgleichsanspruch). The agreement should be used when either party initiates termination of the agency relationship, whether for cause or convenience, and must address notice periods, final commission calculations, customer transition, and post-contractual obligations. It's particularly important to ensure compliance with Austrian mandatory provisions regarding agent protection and compensation.

1. Parties: Identification of the Principal and the Commercial Agent, including full legal names, registration details, and addresses

2. Background: Brief overview of the existing agency agreement, its date, and general scope

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

4. Termination: Clear statement of termination, effective date, and compliance with notice periods under HVertrG

5. Final Accounting: Provisions for final commission calculations, outstanding payments, and deadline for settlement

6. Compensation Claim: Acknowledgment and treatment of the agent's statutory compensation claim (Ausgleichsanspruch) under §24 HVertrG

7. Return of Materials: Obligations regarding the return of business materials, documentation, and property

8. Confidentiality: Ongoing obligations regarding confidential information

9. Post-Contractual Obligations: Treatment of any post-termination restrictions and obligations

10. Final Settlement: Confirmation that the agreement represents full and final settlement of all claims

11. Governing Law: Confirmation of Austrian law as governing law and jurisdiction

12. Execution: Signature blocks and execution requirements