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Termination Of Development Agreement for Malaysia

Termination Of Development Agreement Template for Malaysia

This document serves as a formal agreement to terminate an existing Development Agreement under Malaysian law. It comprehensively addresses the cessation of development rights and obligations, including detailed provisions for settlement of accounts, handover of project materials, and mutual releases between parties. The agreement complies with Malaysian legal requirements, particularly the Contracts Act 1950 and relevant property development legislation, while providing a clear framework for project closure and the parties' respective obligations post-termination.

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Termination Of Development Agreement

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What is a Termination Of Development Agreement?

The Termination of Development Agreement is a crucial document used when parties need to formally end their development relationship in Malaysia, whether by mutual consent or due to specific triggering events. This document is typically employed when development projects need to be discontinued due to various circumstances such as commercial non-viability, force majeure events, breach of contract, or strategic realignment of business objectives. It must comply with Malaysian legal requirements, including the Contracts Act 1950 and various development-related regulations. The agreement covers essential elements including termination terms, financial settlements, asset handling, and ongoing obligations, providing a comprehensive framework for project closure while protecting all parties' interests.

What sections should be included in a Termination Of Development Agreement?

1. Parties: Identification of all parties to the termination agreement, including the developer, landowner, and any other relevant parties from the original agreement

2. Background: Recitals detailing the original Development Agreement, key dates, and circumstances leading to 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: Clear statement of termination, effective date, and grounds for termination

5. Mutual Release: Provisions for mutual release of obligations under the original agreement, subject to specific exceptions

6. Settlement Terms: Financial settlement terms, including any compensation, refunds, or payments between parties

7. Handover Obligations: Requirements for handover of site, documents, permits, and other project materials

8. Representations and Warranties: Confirmations from each party regarding their authority and capacity to enter into the termination agreement

9. Confidentiality: Obligations regarding confidentiality of the termination and related matters

10. Governing Law: Confirmation of Malaysian law as governing law and jurisdiction

11. Execution: Signature blocks and execution requirements

What sections are optional to include in a Termination Of Development Agreement?

1. Third Party Rights: Section addressing rights of third parties (such as contractors or purchasers) - include when there are significant third-party interests

2. Insurance: Provisions regarding ongoing insurance obligations - include when there are outstanding insurance matters

3. Intellectual Property: Provisions dealing with ownership and use of project IP - include when significant IP assets are involved

4. Tax Matters: Specific tax-related provisions - include when there are significant tax implications

5. Dispute Resolution: Detailed dispute resolution procedures - include when parties want specific arbitration or mediation procedures

6. Survival Clauses: Specific provisions that survive termination - include when certain obligations need to continue

7. Public Announcements: Protocol for public communications - include for high-profile developments

What schedules should be included in a Termination Of Development Agreement?

1. Schedule 1 - Original Agreement Details: Copy or summary of key terms from the original Development Agreement

2. Schedule 2 - Settlement Calculations: Detailed breakdown of financial settlements and calculations

3. Schedule 3 - Handover Inventory: List of all items, documents, and materials to be handed over

4. Schedule 4 - Outstanding Works: List of incomplete works and their status at termination

5. Schedule 5 - Third Party Contracts: List of affected third-party contracts and their disposition

6. Appendix A - Form of Public Notice: Template for any required public notices regarding the termination

7. Appendix B - Handover Timeline: Detailed timeline for completing all handover obligations

Authors

Alex Denne

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

Jurisdiction

Malaysia

Cost

Free to use
Relevant legal definitions



































Clauses


























Relevant Industries

Real Estate

Construction

Property Development

Infrastructure

Commercial Property

Residential Development

Mixed-use Development

Urban Planning

Industrial Development

Relevant Teams

Legal

Real Estate

Development

Construction

Finance

Commercial

Compliance

Risk Management

Project Management

Property Management

Relevant Roles

Chief Executive Officer

Managing Director

Development Director

Project Manager

Legal Counsel

Contract Manager

Property Director

Land Manager

Construction Manager

Finance Director

Commercial Director

Planning Manager

Real Estate Manager

Compliance Officer

Risk Manager

Industries








Teams

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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