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Mutual Cancellation Agreement Template for New Zealand

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Key Requirements PROMPT example:

Mutual Cancellation Agreement

"I need a Mutual Cancellation Agreement under New Zealand law to terminate a software development contract with ABC Tech Limited, including provisions for the return of source code and a final settlement payment of $50,000 by March 15, 2025."

Document background
The Mutual Cancellation Agreement is essential in New Zealand business practice when parties wish to formally and amicably terminate their existing contractual relationships. This document is particularly useful when circumstances change and parties mutually agree that continuing their original agreement is no longer beneficial or practical. It provides a structured approach to contract termination, ensuring compliance with New Zealand law, particularly the Contract and Commercial Law Act 2017. The agreement typically includes provisions for the effective date of termination, settlement of outstanding obligations, mutual releases, and handling of any remaining matters. It's commonly used in various business contexts, from service agreements to partnership dissolutions, and can be adapted to address specific requirements of different industries and situations. The document helps prevent future disputes by clearly documenting the parties' agreement to terminate their relationship and the terms of that termination.
Suggested Sections

1. Parties: Identifies all parties to the cancellation agreement, including their full legal names and addresses

2. Background: Recitals explaining the existing contractual relationship(s) and the parties' mutual desire to terminate them

3. Definitions: Defines key terms used in the agreement, including 'Effective Date', 'Original Agreement(s)', and any other relevant terms

4. Mutual Cancellation: Core clause stating the parties' agreement to cancel the Original Agreement(s) and specifying the effective date of cancellation

5. Mutual Release: Provisions where each party releases the other from future obligations and liabilities under the Original Agreement(s)

6. Outstanding Obligations: Addresses any obligations that need to be fulfilled before or as part of the cancellation

7. Governing Law: Specifies that New Zealand law governs the cancellation agreement

8. Execution: Signature blocks for all parties

Optional Sections

1. Settlement Payments: Include when there are any financial settlements or payments to be made as part of the cancellation

2. Return of Property: Include when physical or intellectual property needs to be returned or transferred between parties

3. Confidentiality: Include when parties wish to maintain confidentiality about the original agreement and/or its cancellation

4. Surviving Provisions: Include when certain provisions from the Original Agreement(s) should survive the cancellation

5. Tax Implications: Include when there are significant tax consequences that need to be addressed

6. Dispute Resolution: Include when parties want to specify how any future disputes about the cancellation will be resolved

7. Third Party Rights: Include when the cancellation affects rights of third parties or requires third party consents

Suggested Schedules

1. Schedule 1 - Original Agreements: List and details of all agreements being cancelled

2. Schedule 2 - Settlement Payment Details: Breakdown of any settlement payments, including payment dates and methods

3. Schedule 3 - Property Register: List of any property or materials to be returned or transferred

4. Appendix A - Form of Release: Standard form of mutual release to be executed by the parties

5. Appendix B - Surviving Obligations: Detailed list of any obligations that survive the cancellation

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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Relevant Industries

Professional Services

Construction

Real Estate

Technology

Manufacturing

Retail

Healthcare

Education

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Energy

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Relevant Teams

Legal

Contracts

Commercial

Procurement

Operations

Risk and Compliance

Finance

Business Development

Corporate Affairs

Administration

Relevant Roles

Legal Counsel

Contract Manager

Business Development Manager

Chief Executive Officer

Chief Operating Officer

Commercial Manager

Procurement Manager

Project Manager

Risk Manager

Compliance Officer

Operations Manager

General Manager

Company Secretary

Finance Director

Business Owner

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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