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Construction Contract Termination Agreement
1. Parties: Identification of all contracting parties, including the employer/client and contractor
2. Background: Context of the original construction contract and circumstances leading to termination
3. Definitions: Definitions of key terms used throughout the agreement
4. Termination Date and Effect: Specific date of termination and immediate consequences
5. Works Status: Current status of construction works and completed portions
6. Payment Settlement: Final account settlement, including outstanding payments and retention amounts
7. Handover Requirements: Process for handover of site, materials, and documentation
8. Release and Waiver: Mutual release of claims and liabilities
9. Confidentiality: Obligations regarding confidential information post-termination
10. Governing Law and Jurisdiction: Confirmation of Danish law application and jurisdiction
1. Ongoing Warranties: Provisions for maintaining warranties on completed works, used when significant portions of work are complete
2. Intellectual Property Rights: Transfer or license of design rights and other IP, relevant for design-build contracts
3. Subcontractor Provisions: Handling of subcontractor relationships, needed when subcontractors are involved
4. Insurance Provisions: Ongoing insurance requirements and responsibilities, important for projects with continuing risks
5. Dispute Resolution: Specific dispute resolution procedures, recommended for complex terminations
6. Employee Matters: Provisions regarding site personnel and employment issues, relevant when staff transfer is involved
1. Schedule 1 - Original Contract: Copy of the original construction contract and key amendments
2. Schedule 2 - Works Completion Status: Detailed report of completed and outstanding works
3. Schedule 3 - Financial Statement: Detailed breakdown of final account, including payments made and outstanding
4. Schedule 4 - Asset Inventory: List of materials, equipment, and other assets on site
5. Schedule 5 - Outstanding Claims: List of any outstanding claims or disputes
6. Schedule 6 - Handover Documents: List of documents, warranties, and certificates to be handed over
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