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1. Parties: Identification of all parties to the termination agreement, including their full legal names, registration numbers, and registered addresses
2. Background: Recitals explaining the original contract details, reason for termination, and context of the termination agreement
3. Definitions: Definitions of key terms used in the agreement, including references to the original contract
4. Termination: Clear statement of termination, effective date, and mutual agreement to terminate
5. Outstanding Payments: Details of any final payments, retention monies, or financial settlements between parties
6. Site Handover: Process and timeline for handover of the construction site, including condition requirements
7. Materials and Equipment: Handling of construction materials, equipment removal, and ownership transfer
8. Documentation: Requirements for handover of relevant documents, drawings, permits, and certificates
9. Release and Discharge: Mutual release from obligations under the original contract, subject to specified exceptions
10. Confidentiality: Obligations regarding confidential information and project details
11. Governing Law: Confirmation of Malaysian law as governing law and jurisdiction
12. Execution: Signature blocks and execution formalities
1. Ongoing Disputes: Required when there are existing disputes to be resolved as part of the termination
2. Intellectual Property: Needed when there are IP rights to be addressed, such as design rights or construction methods
3. Insurance and Bonds: Include when dealing with outstanding insurance claims or performance bonds
4. Warranties: Required when addressing ongoing warranty obligations for completed works
5. Third Party Rights: Necessary when there are subcontractors or other third parties whose rights need to be addressed
6. Environmental Obligations: Include when there are environmental commitments or issues to be resolved
7. Employee Matters: Required when addressing the transfer or termination of site personnel
1. Schedule 1 - Original Contract: Copy or details of the original construction contract being terminated
2. Schedule 2 - Outstanding Works: List of incomplete works and their status at termination
3. Schedule 3 - Financial Statement: Detailed breakdown of all financial matters including final account
4. Schedule 4 - Site Inventory: Inventory of materials, equipment, and other assets on site
5. Schedule 5 - Handover Checklist: Detailed checklist for site handover process and requirements
6. Schedule 6 - Required Documentation: List of all documents, certificates, and warranties 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
Construction Site
Completion Certificate
Contract Documents
Effective Date
Final Account
Handover Date
Outstanding Works
Project
Retention Sum
Site Materials
Construction Equipment
Termination Date
Work in Progress
Certificates of Payment
Contract Price
Defects Liability Period
Performance Bond
Project Documents
Site Records
Specifications
Substantial Completion
Unfixed Materials
Variation Orders
Warranties
Works
Interpretation
Termination
Payment and Settlement
Site Handover
Materials and Equipment
Documentation
Release and Discharge
Confidentiality
Indemnification
Warranties
Force Majeure
Assignment
Notices
Governing Law
Dispute Resolution
Entire Agreement
Severability
Further Assurance
Survival
Third Party Rights
Waiver
Costs and Expenses
Counterparts
Construction
Real Estate Development
Infrastructure
Commercial Property
Residential Development
Industrial Development
Energy
Healthcare
Education
Hospitality
Retail
Legal
Operations
Construction
Project Management
Finance
Commercial
Risk Management
Procurement
Property Development
Project Director
Construction Manager
Contract Manager
Legal Counsel
Project Manager
Site Manager
Quantity Surveyor
Chief Financial Officer
Risk Manager
Operations Director
Development Manager
Commercial Director
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