The Partial Termination of Contract document is essential in situations where parties need to end certain aspects of their contractual relationship while preserving others, common in complex commercial arrangements under Swiss law. This document type is particularly relevant when business circumstances require modification of existing arrangements without completely dissolving the business relationship. It must comply with Swiss legal requirements, particularly the Swiss Code of Obligations' provisions regarding contract modifications and partial performance. The document typically includes detailed provisions about which parts of the original contract are being terminated, settlements required, and mechanisms for ensuring smooth transition, while maintaining clarity about surviving obligations. This format is especially useful in long-term commercial relationships where certain services or obligations need to be discontinued while others continue.
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1. Parties: Identification of all parties to the partial termination agreement, including their full legal names, addresses, and registration details if applicable
2. Background: Reference to the original contract, its date, and brief description of circumstances leading to partial termination
3. Definitions: Key terms used in the agreement, including specific definition of which parts of the original contract are being terminated
4. Scope of Termination: Precise identification of which parts of the original contract are being terminated and which parts remain in force
5. Effective Date: Specification of when the partial termination takes effect
6. Surviving Provisions: Clear statement of which provisions of the original contract continue to remain in force
7. Mutual Release: Release of parties from obligations related to terminated portions while preserving rights related to surviving portions
8. Final Settlements: Details of any final payments, adjustments, or settlements required for the terminated portions
9. Governing Law: Confirmation of Swiss law as governing law and jurisdiction
10. Signatures: Execution block for all parties
1. Transitional Arrangements: Include when there needs to be a transition period or specific arrangements for implementing the partial termination
2. Return of Property: Include when there are physical or intellectual property items that need to be returned related to the terminated portions
3. Confidentiality: Include when there are specific confidentiality obligations that need to be addressed separately for the terminated portions
4. Non-Competition: Include when partial termination affects any non-compete provisions that need to be modified or reinforced
5. Third Party Rights: Include when the partial termination affects rights or obligations of third parties
6. Dispute Resolution: Include when specific dispute resolution mechanisms are needed for issues arising from the partial termination
1. Schedule 1 - Terminated Provisions: Detailed list of specific clauses, sections, or obligations being terminated
2. Schedule 2 - Surviving Provisions: Detailed list of provisions that explicitly continue in force
3. Schedule 3 - Settlement Calculations: If applicable, detailed calculations of any financial settlements or adjustments
4. Appendix A - Original Contract: Copy of the original contract with marked sections showing terminated and surviving portions
5. Appendix B - Transition Plan: If applicable, detailed plan for implementing the partial termination
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