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1. Parties: Identification of the Owner/Client and Contractor, including full legal names and addresses
2. Background: Details of the original construction contract, project description, and circumstances leading to termination
3. Definitions: Key terms used throughout the agreement, including reference to original contract definitions
4. Effective Date of Termination: Specific date when the termination becomes effective
5. Mutual Agreement to Terminate: Express statement of both parties' agreement to terminate the original contract
6. Status of Works: Description of the current state of construction works and percentage of completion
7. Final Account Settlement: Agreement on final payment amount, including completed works, materials, and any adjustments
8. Handover of Site and Materials: Process and timeline for site handover and handling of materials and equipment
9. Release of Obligations: Mutual release from future obligations under the original contract, subject to specified exceptions
10. Surviving Obligations: Identification of contract provisions that survive termination (e.g., warranties, confidentiality)
11. Return of Documentation: Requirements for returning project documents, plans, and permits
12. Governing Law: Confirmation of German law governing the termination agreement
1. Dispute Resolution: Include when there are outstanding disputes to be resolved or specific dispute resolution mechanisms needed
2. Intellectual Property Rights: Include when there are specific IP rights to be addressed post-termination
3. Insurance and Bonds: Include when dealing with existing insurance policies or performance bonds that need to be addressed
4. Subcontractor Relations: Include when there are ongoing subcontractor relationships that need to be addressed
5. Warranties and Guarantees: Include when specific warranties need to survive termination or require special handling
6. Confidentiality: Include when specific confidentiality obligations need to be maintained post-termination
7. Press Announcements: Include for high-profile projects requiring coordination of public communications
8. Tax Considerations: Include when specific tax implications need to be addressed in the termination
1. Schedule 1 - Final Account Statement: Detailed breakdown of final payment calculations, including completed works and adjustments
2. Schedule 2 - Inventory of Materials: List of materials on site, their ownership status, and disposition instructions
3. Schedule 3 - Outstanding Works: List of incomplete works and their status at termination
4. Schedule 4 - Handover Documents: List of all documents, certificates, and warranties to be handed over
5. Schedule 5 - Release of Securities: Details of performance bonds, bank guarantees, or other securities to be released
6. Appendix A - Site Photographs: Documentation of site condition at termination
7. Appendix B - As-Built Drawings: Current state of construction drawings and specifications
8. Appendix C - Quality Documentation: Records of quality tests and inspections completed to date
Original Contract
Effective Date of Termination
Completion Date
Contract Price
Final Account
Outstanding Works
Completed Works
Defects Liability Period
Site
Works
Project
Construction Documents
As-Built Documents
Warranties
Retention Money
Performance Security
Bank Guarantee
Intellectual Property Rights
Force Majeure
Substantial Completion
Material Breach
Parties
Owner
Contractor
Project Manager
Architect
Construction Manager
Subcontractor
VOB/B
BGB
Confidential Information
Contract Documents
Drawing Register
Equipment
Materials
Payment Certificate
Practical Completion
Professional Team
Project Schedule
Quality Assurance Documentation
Release Date
Settlement Sum
Site Records
Technical Specifications
Termination Certificate
Variation Orders
Work Product
Payment and Settlement
Site Handover
Documentation Transfer
Warranties and Guarantees
Release and Discharge
Surviving Obligations
Intellectual Property
Confidentiality
Materials and Equipment
Insurance and Bonds
Dispute Resolution
Governing Law
Severability
Force Majeure
Assignment
Third Party Rights
Notices
Compliance with Laws
Subcontractor Relations
Quality Assurance
Health and Safety
Environmental Protection
Tax Matters
Liability
Indemnification
Entire Agreement
Amendment
Counterparts
Further Assurance
Waiver
Time Limits
Legal Costs
Publicity
Data Protection
Commercial Construction
Residential Construction
Industrial Construction
Infrastructure Development
Public Works
Healthcare Construction
Educational Facilities
Retail Construction
Hospitality Construction
Energy and Utilities
Transportation Infrastructure
Mixed-use Development
Legal
Construction Management
Project Management
Finance
Operations
Commercial
Risk Management
Quality Assurance
Procurement
Technical Services
Contract Administration
Document Control
Construction Project Manager
Contract Manager
Legal Counsel
Chief Financial Officer
Construction Director
Site Manager
Quantity Surveyor
Risk Manager
Commercial Director
Project Engineer
Procurement Manager
Claims Manager
Technical Director
Construction Supervisor
Financial Controller
Operations Manager
Quality Assurance Manager
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