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1. Parties: Identification of the Owner/Employer and Contractor, including full legal names and addresses
2. Background: Brief description of the original construction contract, project details, and circumstances leading to termination
3. Definitions: Definitions of key terms used throughout the agreement
4. Termination Date and Effect: Specifies the effective date of termination and immediate consequences
5. Outstanding Works and Payment: Details of work completed, work in progress, and agreed final payment amounts
6. Site Handover: Procedures and timeline for handover of the construction site, materials, and equipment
7. Documentation and Records: Requirements for transfer of relevant documents, drawings, and records
8. Mutual Release and Discharge: Release of claims and liabilities between parties, subject to specified exceptions
9. Warranties and Guarantees: Treatment of existing warranties and guarantees for completed works
10. Governing Law and Jurisdiction: Confirmation of Malaysian law as governing law and jurisdiction for disputes
1. Retention of Subcontractors: Used when there's agreement for certain subcontractors to be retained by the owner for project completion
2. Intellectual Property Rights: Include when there are specific IP rights that need to be transferred or protected
3. Confidentiality: Required when parties need to maintain confidentiality about the termination or project details
4. Insurance and Bonds: Include when dealing with existing insurance policies and performance bonds
5. Dispute Resolution: Detailed dispute resolution procedures if not covered in governing law section
6. Survival Clauses: Include when certain obligations need to survive the termination
7. Third Party Rights: Include when there are affected third parties whose rights need to be addressed
1. Schedule 1 - Original Contract Details: Summary of key details from the original construction contract
2. Schedule 2 - Completed Works: Detailed list of works completed up to termination date
3. Schedule 3 - Outstanding Works: List of incomplete works and their status
4. Schedule 4 - Payment Summary: Detailed breakdown of all payments made and outstanding amounts
5. Schedule 5 - Site Materials and Equipment: Inventory of materials and equipment on site
6. Schedule 6 - Required Documentation: List of documents, certificates, and warranties to be handed over
7. Appendix A - Site Handover Checklist: Detailed checklist for site handover process
8. Appendix B - Final Account Statement: Detailed financial statement showing final settlement figures
Construction
Real Estate Development
Infrastructure
Commercial Property
Industrial Development
Residential Development
Public Works
Healthcare Facilities
Educational Facilities
Hospitality
Retail Development
Legal
Construction
Project Management
Commercial
Finance
Procurement
Operations
Risk and Compliance
Technical Services
Contract Administration
Project Manager
Construction Manager
Contract Administrator
Legal Counsel
Quantity Surveyor
Project Director
Chief Operating Officer
Development Manager
Site Manager
Commercial Manager
Finance Director
Risk Manager
Procurement Manager
Technical Director
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