The Termination Without Cause Commercial Contract is essential for businesses operating under German law who need to end commercial relationships in situations where no breach or specific cause exists. This document type is particularly relevant when parties wish to terminate their business relationship amicably and in compliance with German legal requirements. It includes mandatory notice periods as required by German law, provisions for the orderly wind-down of business relationships, and post-termination obligations. The agreement ensures compliance with both the German Civil Code (BGB) and Commercial Code (HGB), particularly regarding good faith principles (Treu und Glauben) and form requirements. This document is typically used in ongoing commercial relationships such as supply agreements, service contracts, or distribution arrangements where parties need a structured approach to termination while maintaining business relationships and reputations.
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1. Parties: Identification and details of the contracting parties, including full legal names, registration numbers, and addresses
2. Background: Context of the termination, reference to the original agreement being terminated, and the basis for termination without cause
3. Definitions: Key terms used in the agreement, including references to the Original Agreement, Effective Date, Termination Date, and any specific terms relevant to the termination process
4. Termination Notice: Formal declaration of termination and specification of the notice period in accordance with German law requirements
5. Effective Date of Termination: Clear statement of when the termination becomes effective, considering any notice periods required by law or the original agreement
6. Outstanding Payments: Provisions for settling any outstanding payments, invoices, or financial obligations between the parties
7. Return of Property: Requirements and timeframes for returning any physical or intellectual property belonging to either party
8. Confidentiality Obligations: Confirmation of ongoing confidentiality obligations that survive termination
9. Mutual Release: Release of claims and obligations between parties, subject to specified exceptions
10. Governing Law and Jurisdiction: Confirmation of German law as governing law and specification of jurisdiction for disputes
1. Transition Assistance: Details of any transition support to be provided, used when service continuity is critical
2. Intellectual Property Rights: Specific provisions regarding IP rights post-termination, needed when IP is a significant component of the commercial relationship
3. Employee Matters: Provisions regarding employees or contractors, required when personnel are involved in service delivery
4. Insurance and Indemnities: Specific provisions about ongoing insurance requirements and indemnities, needed for high-risk commercial relationships
5. Non-Competition and Non-Solicitation: Post-termination restrictions on competition and employee solicitation, included when protecting business interests is crucial
6. Data Protection: Specific provisions regarding handling of personal data post-termination, required when personal data is processed under the agreement
1. Schedule 1 - Termination Timeline: Detailed timeline of termination activities and deadlines
2. Schedule 2 - Outstanding Payments Schedule: List of all outstanding payments and payment schedule
3. Schedule 3 - Property Return Schedule: Detailed list of property to be returned and associated deadlines
4. Appendix A - Contact Details: Key contact persons for termination process management
5. Appendix B - Handover Documentation: Templates and requirements for handover documentation
Relevant legal definitions
Agreement
Original Agreement
Effective Date
Termination Date
Notice Period
Confidential Information
Business Day
Force Majeure
Intellectual Property Rights
Company Property
Outstanding Payments
Transition Period
Transition Services
Representatives
Affiliate
Permitted Purpose
Territory
Services
Deliverables
Working Hours
Personnel
Handover Documentation
Handover Period
Contract Year
Applicable Law
Original Agreement
Effective Date
Termination Date
Notice Period
Confidential Information
Business Day
Force Majeure
Intellectual Property Rights
Company Property
Outstanding Payments
Transition Period
Transition Services
Representatives
Affiliate
Permitted Purpose
Territory
Services
Deliverables
Working Hours
Personnel
Handover Documentation
Handover Period
Contract Year
Applicable Law
Clauses
Termination Notice
Notice Period
Effective Date
Outstanding Payments
Payment Terms
Return of Property
Confidentiality
Data Protection
Intellectual Property
Non-Competition
Non-Solicitation
Transition Services
Employee Matters
Mutual Release
Representations and Warranties
Indemnification
Insurance
Force Majeure
Dispute Resolution
Governing Law
Jurisdiction
Severability
Entire Agreement
Amendment
Waiver
Notices
Assignment
Third Party Rights
Costs
Counterparts
Notice Period
Effective Date
Outstanding Payments
Payment Terms
Return of Property
Confidentiality
Data Protection
Intellectual Property
Non-Competition
Non-Solicitation
Transition Services
Employee Matters
Mutual Release
Representations and Warranties
Indemnification
Insurance
Force Majeure
Dispute Resolution
Governing Law
Jurisdiction
Severability
Entire Agreement
Amendment
Waiver
Notices
Assignment
Third Party Rights
Costs
Counterparts
Relevant Industries
Technology and Software
Manufacturing
Professional Services
Retail and Distribution
Healthcare
Financial Services
Construction
Telecommunications
Logistics and Supply Chain
Energy and Utilities
Automotive
Consumer Goods
Relevant Teams
Legal
Procurement
Commercial
Operations
Finance
Compliance
Risk Management
Sales
Supply Chain
Business Development
Contract Administration
Relevant Roles
Legal Counsel
Contract Manager
Commercial Director
Procurement Manager
Business Development Manager
Operations Director
Chief Financial Officer
Compliance Officer
Risk Manager
Account Manager
Supply Chain Manager
General Manager
Chief Executive Officer
Sales Director
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