The Termination of Collaboration Agreement is a crucial legal document used when parties wish to formally end their existing collaborative relationship in Malaysia. It is particularly relevant when organizations need to dissolve their joint business activities, projects, or partnerships in a structured and legally compliant manner. The document ensures adherence to Malaysian legal requirements, particularly the Contracts Act 1950 and related commercial laws, while providing a clear framework for wrapping up shared obligations, settling accounts, and managing post-termination responsibilities. This agreement type is essential for protecting all parties' interests, maintaining legal compliance, and preventing future disputes by clearly documenting the terms of separation.
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1. Parties: Identification of all parties to the termination agreement, including their full legal names, registration numbers, and registered addresses
2. Background: Reference to the original Collaboration Agreement, including its date and purpose, and brief context for the termination
3. Definitions: Definitions of key terms used in the agreement, including those carried over from the original agreement and new terms specific to the termination
4. Termination Date: Clear specification of when the original agreement will terminate and when this termination takes effect
5. Mutual Release: Provisions releasing both parties from future obligations under the original agreement, except for surviving obligations
6. Settlement of Accounts: Details of final payments, reconciliation of accounts, and financial settlements between parties
7. Return of Property: Obligations regarding the return or disposal of physical and digital assets, documents, and confidential information
8. Surviving Obligations: Specification of which obligations from the original agreement survive termination
9. Confidentiality: Ongoing obligations regarding confidential information obtained during the collaboration
10. General Provisions: Standard clauses including governing law, entire agreement, and counterparts
1. Intellectual Property Rights: Detailed provisions about the ownership and usage rights of IP developed during the collaboration, used when IP was created during the collaboration
2. Transition Arrangements: Specific procedures for transitioning ongoing projects or responsibilities, needed when there are active projects at termination
3. Non-Compete and Non-Solicitation: Restrictions on future competitive activities and hiring of personnel, included when protecting business interests is crucial
4. Public Announcements: Guidelines for how the termination will be communicated to the public, needed for high-profile collaborations
5. Dispute Resolution: Specific procedures for resolving any disputes arising from the termination, included when parties want to specify alternative dispute resolution methods
6. Employee Matters: Provisions dealing with staff transfers or employment implications, needed when collaboration involved shared staff or secondments
7. Insurance and Indemnification: Specific provisions about ongoing insurance obligations and indemnification, used when there are potential future liabilities
1. Schedule 1 - Original Agreement: Copy or key details of the original Collaboration Agreement being terminated
2. Schedule 2 - Outstanding Payments: Detailed list of all outstanding payments, credits, or debits between the parties
3. Schedule 3 - Assets for Return: Comprehensive list of all physical and digital assets to be returned or transferred
4. Schedule 4 - Intellectual Property Register: Detailed inventory of IP rights and their post-termination ownership/usage rights
5. Schedule 5 - Transition Timeline: Detailed timeline and milestones for implementing the termination
6. Appendix A - Handover Procedures: Step-by-step procedures for any necessary handovers of projects, responsibilities, or assets
7. Appendix B - Final Settlement Calculation: Detailed calculation methodology for final settlement amounts
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