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1. Parties: Identification of all parties to the termination agreement, including the employer, contractor, and any relevant third parties
2. Background: Recitals detailing the original construction contract, key events leading to termination, and purpose of this agreement
3. Definitions: Definitions of key terms used in the agreement, including references to original contract definitions where applicable
4. Termination Date and Effect: Specific date of termination and its immediate effects on the contract and parties' obligations
5. Outstanding Works: Status of works at termination, including completed works, work in progress, and unfulfilled obligations
6. Site Handover: Requirements and procedures for securing and handing over the construction site
7. Materials and Equipment: Handling of construction materials, equipment, and temporary works on site
8. Financial Settlement: Terms for final payment, including outstanding amounts, retention release, and payment timelines
9. Documentation: Requirements for handover of relevant documentation, including as-built drawings, warranties, and certificates
10. Intellectual Property: Rights and licenses regarding design documents and other intellectual property
11. Mutual Release: Terms of mutual release from future claims, subject to specified exceptions
12. Surviving Obligations: Identification of contract provisions that survive termination
13. Governing Law and Jurisdiction: Confirmation of Irish law as governing law and jurisdiction for disputes
1. Ongoing Disputes: Required when there are existing disputes that need specific resolution procedures
2. Novation Arrangements: Needed when contracts with subcontractors or suppliers are being transferred
3. Insurance and Bonds: Specific provisions for handling insurance policies and performance bonds when these exist
4. Defects Liability: Required when addressing ongoing liability for defects in completed works
5. Third Party Rights: Needed when there are third party beneficiaries under the original contract
6. Confidentiality: Required for projects with sensitive information or when parties want specific confidentiality provisions
7. Employee Matters: Needed when termination affects employment arrangements or TUPE regulations apply
1. Schedule 1: Original Contract Documents: List of all relevant contract documents being terminated
2. Schedule 2: Works Status Report: Detailed report on the status of works at termination
3. Schedule 3: Outstanding Payments: Breakdown of all outstanding payments, including final account calculations
4. Schedule 4: Site Inventory: Inventory of materials, equipment, and temporary works on site
5. Schedule 5: Handover Procedure: Detailed procedure for site handover and security arrangements
6. Schedule 6: Required Documentation: List of all documentation to be handed over
7. Appendix A: Site Plan: Current site plan marking areas of completed and incomplete works
8. Appendix B: Photographic Record: Photographic evidence of site condition at termination
Original Contract
Works
Site
Termination Date
Completion Date
Outstanding Works
Practical Completion
Defects
Defects Liability Period
Contract Administrator
Employer
Contractor
Professional Team
Construction Documents
As-Built Drawings
Outstanding Payments
Retention Sum
Final Account
Release Date
Handover Date
Site Materials
Construction Equipment
Temporary Works
Intellectual Property Rights
Design Documents
Warranties
Certificates
Claims
Dispute
Force Majeure
Confidential Information
Business Day
Governing Law
Effective Date
Outstanding Variations
Payment Certificate
Professional Indemnity Insurance
Performance Bond
Contract Sum
Completion Certificate
Liquidated Damages
Subcontractors
Site Conditions
Working Day
Breach of Contract
Substantial Completion
Material Breach
Settlement Sum
Release
Surviving Provisions
Interpretation
Termination Effect
Payment
Site Access
Handover
Documentation
Materials and Equipment
Intellectual Property
Confidentiality
Warranties
Indemnification
Insurance
Defects Liability
Release
Dispute Resolution
Governing Law
Force Majeure
Assignment
Notices
Entire Agreement
Severability
Third Party Rights
Variation
Waiver
Costs
Further Assurance
Counterparts
Survival
Site Security
Health and Safety
Environmental Protection
Employment Matters
Subcontractor Arrangements
Bond and Guarantee
Set-off Rights
Time of Essence
Mutual Cooperation
Representations and Warranties
Anti-Corruption
Data Protection
Construction
Real Estate Development
Infrastructure
Commercial Property
Industrial
Energy
Public Sector Construction
Residential Development
Healthcare Construction
Education Construction
Legal
Construction
Commercial
Operations
Project Management
Contract Administration
Risk Management
Procurement
Technical
Finance
Construction Director
Project Manager
Contract Manager
Commercial Director
Legal Counsel
Quantity Surveyor
Construction Manager
Site Manager
Procurement Manager
Risk Manager
Claims Manager
Chief Operating Officer
Development Director
Technical Director
Principal Contractor
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