The Termination of Agency Agreement is a crucial document used when ending a commercial agency relationship in Ireland. It is specifically designed to comply with Irish law, particularly the European Communities (Commercial Agents) Regulations 1994 and related commercial legislation. This document is essential when either the principal or agent wishes to end their business relationship, whether by mutual consent or unilateral decision. It covers critical elements such as termination notice periods, compensation or indemnity payments, final commission calculations, return of materials, and post-termination obligations. The agreement is particularly important given the statutory protections afforded to commercial agents under Irish law and ensures both parties have clarity on their rights and obligations during the termination process.
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1. Parties: Identification of the Principal and Agent, including full legal names and registered addresses
2. Background: Reference to the original Agency Agreement, its date, and brief context for the termination
3. Definitions: Defined terms used throughout the agreement, including references to the Original Agreement and Termination Date
4. Termination: Clear statement of termination, specifying the effective date and basis for termination
5. Final Accounting: Provisions for final commission calculations, outstanding payments, and expense reconciliation
6. Handover of Materials: Requirements for return of documentation, materials, and property belonging to the Principal
7. Confidentiality: Ongoing obligations regarding confidential information post-termination
8. Post-Termination Restrictions: Non-compete and non-solicitation provisions that survive termination
9. General Provisions: Standard boilerplate clauses including governing law, notices, and entire agreement
10. Execution: Signature blocks and execution formalities
1. Compensation/Indemnity: Required when agent is entitled to compensation or indemnity under the Commercial Agents Regulations
2. Transitional Arrangements: Used when there's a need for a handover period or ongoing completion of existing transactions
3. Customer Communications: Include when specific arrangements are needed for notifying and transitioning customers
4. Inventory Management: Required when physical stock or inventory is involved in the agency relationship
5. Dispute Resolution: Optional section for specific dispute resolution procedures beyond court jurisdiction
6. Mutual Release: Include when parties wish to include mutual waivers of claims and releases
7. Survival Clauses: Detailed section on which provisions survive termination, if beyond standard confidentiality and restrictions
1. Schedule 1 - Original Agency Agreement: Copy or key details of the original agreement being terminated
2. Schedule 2 - Outstanding Transactions: List of pending deals, orders, or transactions requiring completion
3. Schedule 3 - Commission Calculations: Detailed breakdown of final commission calculations and payments
4. Schedule 4 - Company Property: Inventory of all materials, equipment, and documents to be returned
5. Schedule 5 - Customer List: List of customers and status of their accounts/relationships
6. Appendix A - Handover Timeline: Detailed timeline for completion of handover activities and deadlines
7. Appendix B - Communication Templates: Approved templates for customer and stakeholder communications regarding termination
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