A Deed of Termination and Release is utilized when parties wish to formally and definitively end their contractual relationships while ensuring legal certainty under Swiss law. This document type is particularly relevant when parties need to terminate existing agreements before their natural expiry, require mutual releases from future claims, or want to document final settlements. The deed format provides additional formality and enforceability compared to simple termination agreements. When drafting a Deed of Termination and Release, particular attention must be paid to Swiss legal requirements, including formal execution requirements and specific provisions under the Swiss Code of Obligations. The document typically includes detailed provisions about termination effects, mutual releases, final payments, return of property, and any surviving obligations.
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1. Parties: Identification of all parties to the deed, including their full legal names, addresses, and registration details if corporate entities
2. Background: Recitals explaining the context, including reference to existing agreements being terminated and the parties' desire to terminate and release each other
3. Definitions: Definitions of key terms used throughout the deed, including 'Effective Date', 'Existing Agreements', and 'Claims'
4. Termination: Clear statement of termination of the Existing Agreements from the Effective Date
5. Mutual Release: Comprehensive mutual releases between the parties from all claims, liabilities, and obligations arising from the Existing Agreements
6. Return of Property: Obligations regarding the return or destruction of confidential information, materials, and property
7. Payment Obligations: Details of any final payments or settlements between the parties
8. Acknowledgments: Mutual acknowledgments regarding the finality of the termination and understanding of the releases
9. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for any disputes
10. Execution: Formal execution blocks meeting Swiss law requirements for deeds
1. Surviving Provisions: Identification of any provisions from the Existing Agreements that will survive termination - include when certain obligations need to continue
2. Tax Provisions: Specific provisions dealing with tax consequences - include when there are significant tax implications
3. Non-Compete/Non-Solicitation: Provisions restricting future competitive activities - include when business protection is needed post-termination
4. Cooperation: Obligations for future cooperation between parties - include when ongoing interaction is necessary
5. Public Announcements: Controls on public statements about the termination - include for high-profile or sensitive terminations
6. Insurance: Provisions regarding maintaining insurance coverage - include when there are ongoing risks
7. Dispute Resolution: Alternative dispute resolution procedures - include when parties prefer mediation/arbitration over court proceedings
1. Schedule 1 - Existing Agreements: List of all agreements being terminated, including dates and parties
2. Schedule 2 - Surviving Obligations: Detailed list of any obligations that survive termination
3. Schedule 3 - Settlement Payments: Details of any financial settlements, including payment amounts and timings
4. Schedule 4 - Property to be Returned: Inventory of physical or intellectual property to be returned or transferred
5. Appendix A - Form of Public Announcement: Agreed form of any public statements regarding the termination
6. Appendix B - Completion Actions: Checklist of actions to be completed by each party upon termination
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