This Termination of Agreement and Release (the “Termination Agreement”) is effective [DATE],
BETWEEN: [NAME OF PARTY A] (“Party A”), an individual with their main address located at:
[YOUR COMPLETE ADDRESS]
AND: [NAME OF PARTY B] (“Party B”), an individual with his main address located at OR a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at:
[YOUR COMPLETE ADDRESS]
Collectively, Party A and Party B shall be referred to as the “Parties.”
WHEREAS, the Parties wish to terminate the Agreement [SPECIFY THE AGREEMENT AND THE EFFECTIVE DATE] and release each other from the liabilities of the abovementioned Agreement;
WHEREAS, the Parties wish to evidence their contract in writing;
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
PURPOSE
The Parties
have previously entered into a
[NAME OF AGREEMENT AND THE EFFECTIVE DATE]
. By way of this Termination Agreement,
the
P
arties
desire to completely and immediately terminate the
[NAME OF THE AGREEMENT]
, and acknowledge and agree that, except as otherwise expressly set forth in Section 4 below, neither
P
arty shall have any obligation or liability to the other in connection with the
[NAME OF THE AGREEMENT]
.
The abovementioned agreement is attached to this Termination Agreement as Exhibit A.
TERMINATION
The Parties
hereby terminate immediately, for mutual convenience, the
[NAME OF THE AGREEMENT]
and any amendments thereto. Effective immediately upon execution of this Termination Agreement, neither
P
arty shall have (except as otherwise expressly set forth in
this Termination Agreement
) any obligation, responsibility, or liability to the other
P
arty for any reason whatsoever in connection with the
[NAME OF THE AGREEMENT]
.
MUTUAL RELEASE
Effective immediately upon execution of this Termination Agreement, each
P
arty releases and forever discharges the other
P
arty and all of its employees, agents, successors, assigns, legal
representatives, affiliates, directors and officers from and against any and all actions, claims, suits, demands, payment obligations or other obligations or liabilities of any nature whatsoever, whether known or unknown, which such
P
arty or any of its employees, agents, successors, assigns, legal representatives, affiliates, directors and officers have had, now have or may in the future have directly or indirectly arising out of (or in connection with) any of the
[NAME OF THE AGREEMENT]
, including any activities undertaken pursuant to any of the
[NAME OF THE AGREEMENT]
.
TERMINATION FEE
In consideration of the termination of the
[NAME OF THE AGREEMENT]
and the release of all obligations thereunder,
Party A
shall pay
Party B
a termination fee (the “Termination Fee”) in the aggregate sum of
[SPECIFY THE AMOUNT]
, payable by wire transfer.
LANGUAGE OF THE
AGREEMENT
The language of the Agreement shall be
the
English Language, which shall be
the
binding and controlling language for all matters relating to the meaning or interpretation of the Agreement.
COMMUNICATION
Unless otherwise required by or advisable under applicable law or regulation, neither
P
arty shall disclose the termination of the
[NAME OF THE AGREEMENT]
or terms thereof without the consent of the other
P
arty. The
P
arties agree to cooperate on all customer communications related to this Termination Agreement.
SEVERABILITY
If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or u
nenforceable, it is the Parties
’
intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable
,
and the remainder of the provisions of this Agreement shall in no way be affected, impaired or invalidated as a result.
MODIFICATIONS
Any modifications to the present Agreement shall be made after the w
ritten approval of the Parties.
NOTICES
Any notices or delivery required here shall be deemed completed when hand-delivered, delivered by agent, or seven (7) days after being placed in the post,
postage prepaid, to the Parties
at the addresses contained in this Agreement or as the
P
arties may later designate in writing at the address provided by the
Parties
.
SUCCESSORS
This
A
greement shall be binding on and inure to the benefit of the respective successors, assigns, and personal representatives of the
P
arties, except to the extent of any contrary provision in this
A
greement.
GOVERNING LAW AND JURISDICTION
This
A
greement shall be construed and enforced in accordance with the laws of
[STATE/PROVINCE].
The Parties
submit to the jurisdiction of the courts of
[STATE/PROVINCE]
for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement
MEDIATION AND ARBITRATION
In the event a dispute arises out of or in connection w
ith this Agreement, the Parties
shall attempt to resolve the dispute through friendly consultation.
If the dispute is not resolved within a period of [
NUMBER OF
DAYS] days
,
then any or all outstanding issues may be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues shall be submitted to final and binding arbitration in accordance with the laws of
[STATE/PROVINCE]
.
The arbitrator's award shall be final, and judgment may be entered upon it by any court having jurisdiction within
[STATE/PROVINCE].
ENTIRE AGREEMENT
This
Termination
Agreement contains the entir
e
A
greement between the Parties
. All negotiations and understandings have been included in this Agreement. Statements or representations which m
ay have been made by any Party
to this Agreement in the negotiation stages of this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement shall bind the
Parties
.
BINDING EFFECT
This
Termination
Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Part
y
's successors, assigns, executors, administrators, beneficiaries, and representatives.
IN WITNESS WHEREOF, the Parties have executed this Agreement on [DATE].
PARTY A PARTY B
Authorized Signature Authorized Signature
Print Name and Title Print Name and Title
EXHIBIT A
[SPECIFY THE AGREEMENT AND ATTACH A COPY OF IT TO THIS DOCUMENT]