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Early Termination Agreement Template for New Zealand

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Key Requirements PROMPT example:

Early Termination Agreement

"I need an Early Termination Agreement for a software development contract with TechCorp Limited, with termination effective March 1, 2025, including provisions for the handover of source code and a three-month transition period."

Document background
The Early Termination Agreement is a crucial legal instrument used in New Zealand when parties need to formally end a contractual relationship before its intended completion date. This document becomes necessary in various situations, such as when business circumstances change, relationships become commercially unviable, or parties mutually agree to cease their arrangement. The agreement must comply with New Zealand's Contract and Commercial Law Act 2017 and other relevant legislation, ensuring all parties' rights are protected. It typically includes provisions for termination payments, mutual releases, confidentiality obligations, and the handling of any disputed matters. The document serves to prevent future disputes by clearly documenting the terms of separation and any ongoing obligations.
Suggested Sections

1. Parties: Identifies and defines all parties to the agreement

2. Background: Sets out the context of the original agreement being terminated and the reason for early termination

3. Definitions: Defines key terms used throughout the agreement

4. Termination Date: Specifies the effective date of termination and any conditions precedent

5. Termination Payments: Details any payments to be made as part of the termination

6. Mutual Release: Provides for mutual release of claims and obligations under the original agreement

7. Surviving Obligations: Identifies which obligations from the original agreement survive termination

8. Return of Property: Specifies requirements for returning any property, documents, or materials

9. General Provisions: Standard boilerplate clauses including governing law, entire agreement, and severability

10. Execution: Signature blocks and execution requirements

Optional Sections

1. Confidentiality: Required when parties need to maintain confidentiality about the termination or related matters

2. Disputed Matters: Include when the termination involves settlement of disputed matters

3. Non-Disparagement: Used when parties agree not to make negative statements about each other

4. Transitional Arrangements: Required when there needs to be a handover period or transition of responsibilities

5. Tax Provisions: Include when there are significant tax implications from the termination

6. Future Cooperation: Used when parties need to cooperate on certain matters after termination

7. Non-Competition: Include when restricting future competitive activities is relevant

Suggested Schedules

1. Schedule of Termination Payments: Detailed breakdown of all payments to be made, including timing and method

2. Schedule of Property to be Returned: Itemized list of all property, documents, and materials to be returned

3. Schedule of Surviving Obligations: Detailed list of specific obligations that survive termination

4. Settlement Terms: Details of any settlement arrangements if the termination involves dispute resolution

5. Transition Plan: Detailed timeline and responsibilities for any transitional arrangements

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Real Estate

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Legal

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Relevant Roles

Legal Counsel

Contract Manager

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Chief Financial Officer

Operations Manager

Project Manager

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Industries






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Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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