The Termination of License Agreement is a crucial document used when parties need to formally end a licensing arrangement in Nigeria. It becomes necessary when either party wishes to end the licensing relationship due to various circumstances such as breach of terms, mutual agreement, or strategic business changes. This document must comply with Nigerian legal requirements, including regulations from the National Office for Technology Acquisition and Promotion (NOTAP) for technology licenses, and relevant intellectual property laws. The agreement typically includes provisions for termination mechanics, outstanding payments, return of materials, and post-termination obligations. It's particularly important in Nigeria's business environment where intellectual property protection and proper documentation of commercial relationships are crucial for legal certainty.
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1. Parties: Identification of the licensor and licensee, including full legal names, registration numbers, and registered addresses
2. Background: Reference to the original license agreement, its date, and brief context of the termination
3. Definitions: Key terms used in the agreement, including reference to definitions from the original license agreement
4. Termination Date: Clear specification of when the termination becomes effective
5. Basis for Termination: Statement of the grounds or mutual agreement for termination
6. Acknowledgment of Termination: Mutual acknowledgment that the license agreement is terminated
7. Outstanding Payments: Provisions for settling any outstanding fees, royalties, or payments
8. Return of Materials: Requirements for returning or destroying licensed materials, documentation, and other related items
9. Cease and Desist: Obligations to stop using the licensed intellectual property
10. Surviving Provisions: Identification of clauses from the original agreement that survive termination
11. Release and Waiver: Mutual release from obligations under the original agreement, subject to surviving provisions
12. Governing Law and Jurisdiction: Confirmation of Nigerian law as governing law and jurisdiction for disputes
1. Transition Assistance: Terms for providing transition support, used when complex operations need to be wound down
2. Third Party Notifications: Requirements for notifying third parties of the termination, included when third parties are involved in the license arrangement
3. Non-Compete Provisions: Post-termination competition restrictions, included when business protection is necessary
4. Escrow Arrangements: Provisions for handling any materials in escrow, used in software or technology licenses
5. Assignment of Improvements: Handling of any improvements made to the licensed IP, included when improvements exist
6. Indemnification: Specific indemnities related to the termination process, used in high-risk situations
7. Public Announcements: Rules for making public statements about the termination, included for significant commercial relationships
1. Schedule 1 - Original License Agreement: Copy or reference to the original license agreement being terminated
2. Schedule 2 - Outstanding Payments Schedule: Detailed list of any outstanding payments and payment schedule
3. Schedule 3 - Licensed Materials Inventory: Complete inventory of licensed materials to be returned or destroyed
4. Schedule 4 - Transition Plan: Detailed timeline and steps for implementing the termination
5. Schedule 5 - Confirmation Certificate: Form of certificate confirming compliance with termination obligations
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology and Software
Manufacturing
Pharmaceuticals
Entertainment and Media
Telecommunications
Oil and Gas
Consumer Goods
Retail
Financial Services
Healthcare
Agriculture
Education
Relevant Teams
Legal
Intellectual Property
Compliance
Commercial
Business Development
Operations
Risk Management
Technology
Corporate Affairs
Finance
Relevant Roles
Legal Counsel
Intellectual Property Manager
Licensing Director
Commercial Director
Chief Technology Officer
Business Development Manager
Compliance Officer
Contract Manager
Chief Legal Officer
Technology Transfer Officer
Risk Manager
Operations Director
Chief Executive Officer
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