One Time Waiver for Germany

One Time Waiver Template for Germany

A One Time Waiver is a legal document governed by German law that enables one party to formally relinquish a specific right, claim, or obligation on a one-off basis, without affecting future rights or creating ongoing precedent. The document must comply with German Civil Code (BGB) requirements, particularly regarding declarations of intent (Willenserklärungen) and the formal requirements for valid waivers. While drafted in English, it incorporates necessary German legal principles and includes specific provisions to ensure enforceability under German jurisdiction.

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What is a One Time Waiver?

A One Time Waiver is utilized when a party needs to formally relinquish a specific right or claim under German law for a particular instance, while preserving their rights for future situations. This document is particularly relevant in commercial relationships where strict compliance with contractual terms is generally required, but a one-off exception is deemed appropriate. The waiver must be drafted in compliance with German Civil Code requirements and should clearly specify its one-time nature to prevent any interpretation as an ongoing waiver. It's commonly used in situations involving payment terms, delivery deadlines, performance requirements, or technical specifications where a temporary deviation from contractual obligations is agreed upon.

What sections should be included in a One Time Waiver?

1. Parties: Identification and details of the party granting the waiver and the party benefiting from it

2. Background: Brief context of the situation leading to the waiver, including reference to the original agreement or right being waived

3. Definitions: Key terms used in the waiver, particularly defining the specific right or obligation being waived

4. Waiver Declaration: Clear and explicit statement of the right being waived and confirmation of its one-time nature

5. Scope and Limitations: Specific details of what is and isn't covered by the waiver, emphasizing its one-time application

6. No Precedent: Statement that this waiver does not create a precedent for future situations

7. Governing Law: Confirmation of German law as governing law and jurisdiction

8. Execution: Signature blocks and execution requirements under German law

What sections are optional to include in a One Time Waiver?

1. Consideration: Required if there is any exchange of value for the waiver

2. Representations and Warranties: Include when specific assurances from either party are necessary

3. Notices: Include when future communications regarding the waiver may be necessary

4. Language Clause: Include when there will be both German and English versions of the waiver

5. Data Protection: Include when personal data processing is involved in the context of the waiver

What schedules should be included in a One Time Waiver?

1. Original Right Documentation: Copy or extract of the original agreement or document containing the right being waived

2. Authorization Evidence: If required, documentation proving authority to grant the waiver

3. German Translation: Certified German translation if required for legal purposes

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Publisher

Genie AI

Document Type

Waiver

Cost

Free to use
Relevant Industries

Financial Services

Manufacturing

Real Estate

Construction

Technology

Retail

Professional Services

Healthcare

Energy

Telecommunications

Automotive

Insurance

Relevant Teams

Legal

Compliance

Finance

Operations

Commercial

Risk Management

Procurement

Business Development

Contract Administration

Corporate Governance

Relevant Roles

Legal Counsel

Contract Manager

Compliance Officer

Risk Manager

Business Development Manager

Project Manager

Chief Financial Officer

Operations Director

Commercial Director

Account Manager

Procurement Manager

General Counsel

Managing Director

Chief Executive Officer

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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