This Termination Due To Non Performance document is essential when one party needs to formally end a contractual relationship due to the other party's failure to fulfill their obligations under Nigerian law. It should be used when there is clear evidence of material breach through non-performance, and usually after attempts to resolve the issues have been unsuccessful. The document incorporates key elements required by Nigerian contract law, including specific details of the breach, evidence of non-performance, prior notifications, and the formal termination process. It is particularly crucial to ensure proper documentation of the termination process to protect against potential legal challenges and to establish a clear record of the circumstances leading to contract termination. The document serves both as a formal notice and as a potential legal record if disputes arise later.
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1. Parties: Identification of all parties involved in the original contract and this termination notice
2. Background: Brief history of the contractual relationship and reference to the original agreement
3. Definitions: Key terms used in the termination document
4. Statement of Non-Performance: Detailed description of the breach(es) and non-performance issues
5. Evidence of Non-Performance: Summary of specific instances and evidence of failure to perform
6. Prior Notifications: Record of previous communications regarding the non-performance
7. Termination Process: Steps being taken to terminate the agreement and effective date
8. Legal Basis: Reference to relevant contract clauses and Nigerian law supporting termination
9. Consequences of Termination: Effects and obligations arising from the termination
10. Outstanding Obligations: Any remaining duties or payments to be fulfilled by either party
11. Return of Property: Requirements for returning any assets, documents, or confidential information
12. Governing Law: Confirmation of Nigerian law as governing law and jurisdiction
13. Signature Block: Space for authorized signatures and dates
1. Cure Period: Section specifying any final opportunity to remedy the breach, if applicable
2. Dispute Resolution: Specific procedures for handling disputes, including arbitration options
3. Survival Clauses: Identification of contract provisions that survive termination
4. Compensation Claims: Details of any financial claims or damages being sought
5. Third Party Rights: Impact on any third party beneficiaries or related agreements
6. Transition Arrangements: Procedures for transitioning services or responsibilities if needed
7. Non-Compete and Confidentiality: Reinforcement of ongoing obligations post-termination
1. Schedule A - Performance Breach Details: Detailed chronological list of non-performance instances
2. Schedule B - Supporting Evidence: Copies of relevant correspondence, reports, and documentation
3. Schedule C - Financial Statement: Summary of outstanding payments, damages, or financial claims
4. Schedule D - Asset Register: List of properties or assets to be returned or transferred
5. Appendix 1 - Original Contract: Copy of the original contract being terminated
6. Appendix 2 - Notice History: Copies of all previous notices and warnings issued
7. Appendix 3 - Handover Procedures: Detailed procedures for contract closeout and transition
Relevant legal definitions
Agreement
Applicable Law
Breach
Business Day
Confidential Information
Cure Period
Defaulting Party
Effective Date
Force Majeure
Governing Law
Intellectual Property Rights
Material Breach
Non-Performance
Notice
Original Contract
Parties
Performance Standards
Prior Notifications
Reasonable Time
Remedial Action
Statutory Requirements
Terminating Party
Termination Date
Termination Notice
Termination Period
Territory
Time of the Essence
Working Hours
Applicable Law
Breach
Business Day
Confidential Information
Cure Period
Defaulting Party
Effective Date
Force Majeure
Governing Law
Intellectual Property Rights
Material Breach
Non-Performance
Notice
Original Contract
Parties
Performance Standards
Prior Notifications
Reasonable Time
Remedial Action
Statutory Requirements
Terminating Party
Termination Date
Termination Notice
Termination Period
Territory
Time of the Essence
Working Hours
Clauses
Interpretation
Definitions
Non-Performance Details
Evidence and Documentation
Notice Requirements
Termination Process
Effective Date
Rights and Obligations
Outstanding Payments
Property Return
Confidentiality
Intellectual Property
Data Protection
Post-Termination Obligations
Surviving Provisions
Dispute Resolution
Governing Law
Jurisdiction
Force Majeure
Severability
Entire Agreement
Third Party Rights
Notices
Assignment
Waiver
Costs
Transition Arrangements
Remedies
Indemnification
Amendment
Counterparts
Definitions
Non-Performance Details
Evidence and Documentation
Notice Requirements
Termination Process
Effective Date
Rights and Obligations
Outstanding Payments
Property Return
Confidentiality
Intellectual Property
Data Protection
Post-Termination Obligations
Surviving Provisions
Dispute Resolution
Governing Law
Jurisdiction
Force Majeure
Severability
Entire Agreement
Third Party Rights
Notices
Assignment
Waiver
Costs
Transition Arrangements
Remedies
Indemnification
Amendment
Counterparts
Relevant Industries
Construction
Information Technology
Manufacturing
Professional Services
Real Estate
Energy and Resources
Transportation and Logistics
Healthcare
Financial Services
Telecommunications
Retail and Consumer Goods
Agriculture
Relevant Teams
Legal
Compliance
Operations
Procurement
Risk Management
Contract Administration
Corporate Secretariat
Executive Leadership
Project Management
Commercial Operations
Relevant Roles
Legal Counsel
Contract Manager
Chief Executive Officer
Chief Operating Officer
Project Manager
Procurement Manager
Commercial Director
Risk Manager
Compliance Officer
Business Development Manager
Operations Manager
Company Secretary
General Counsel
Managing Director
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