The Termination of Consultancy Agreement is utilized when parties wish to formally end their consultancy relationship under Swiss law. This document is essential when either the company or consultant decides to conclude their professional engagement, whether at the natural end of the contract term or through early termination. It comprehensively addresses all aspects of the separation, including final payments, intellectual property rights, confidentiality obligations, and the return of company property. The agreement ensures compliance with Swiss legal requirements, particularly the provisions of the Swiss Code of Obligations regarding mandate agreements. It provides legal certainty for both parties by clearly defining the termination terms, managing outstanding obligations, and establishing post-termination responsibilities. This document is particularly important in preventing future disputes by obtaining mutual releases and clearly documenting the agreed terms of separation.
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1. Parties: Identification of the company and the consultant, including their full legal names and addresses
2. Background: Reference to the original consultancy agreement, its date, and key terms, and the context for termination
3. Definitions: Definitions of key terms used in the agreement, including reference to defined terms from the original consultancy agreement
4. Termination Date: Clear specification of when the consultancy agreement will terminate or confirmation of its termination date
5. Final Fees and Expenses: Details of final payment calculations, including outstanding fees and expenses up to the termination date
6. Mutual Release: Mutual release of claims related to the consultancy agreement, subject to the terms of the termination agreement
7. Continuing Obligations: Identification of obligations that survive termination (e.g., confidentiality, intellectual property rights)
8. Return of Property: Requirements for returning company property, documents, and materials
9. Final Statements: Confirmation that this agreement represents the final settlement between parties
10. Governing Law: Confirmation of Swiss law as governing law and jurisdiction
1. Transition Services: Used when the consultant needs to provide handover or transition services after the termination date
2. Post-Termination Restrictions: Include when there are specific non-compete or non-solicitation provisions that need to be addressed or modified
3. Reference and Announcements: Include when parties want to agree on how the termination will be communicated externally and what references may be provided
4. Tax Indemnity: Include when there are specific tax implications that need to be addressed, particularly for international consultancy arrangements
5. Dispute Resolution: Include when parties want to specify particular dispute resolution mechanisms beyond standard court jurisdiction
6. Insurance and Liability: Include when there are specific ongoing insurance or liability matters that need to be addressed
7. Data Protection: Include when the consultancy involved significant personal data processing or when specific data protection obligations need to be addressed
1. Schedule of Outstanding Payments: Detailed breakdown of all outstanding fees, expenses, and final payments
2. Company Property Inventory: List of all company property, documents, and materials to be returned
3. Ongoing Projects Schedule: List of projects requiring handover or completion, with status and handover requirements
4. Intellectual Property Register: Register of IP created during the consultancy and its ownership status
5. Confidential Information Schedule: Specific listing of confidential information that the consultant has had access to
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