This Termination Due To Non Performance agreement is essential for businesses operating in Saudi Arabia who need to formally end a contractual relationship due to one party's failure to meet their obligations. It's specifically designed to comply with Saudi Arabian legal requirements, including Saudi Labor Law, Sharia principles, and commercial regulations. The document should be used when there is documented evidence of significant non-performance and after formal breach notices have been issued. It includes crucial elements such as specific instances of non-performance, reference to breach notifications, cure periods provided (if any), and detailed consequences of termination. The agreement is particularly important in the Saudi context where formal documentation of termination grounds is crucial for potential dispute resolution in local courts or arbitration centers.
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1. Parties: Identification of all parties to the agreement, including full legal names, addresses, and registration details
2. Background: Context of the original agreement, relationship between parties, and brief overview of the non-performance situation
3. Definitions: Key terms used in the agreement, including specific definition of 'non-performance' as applicable to this case
4. Original Agreement Reference: Details of the original agreement being terminated, including date, parties, and key obligations
5. Grounds for Termination: Specific instances of non-performance, with dates and details of breach notifications
6. Termination Process: Formal declaration of termination, effective date, and compliance with notice requirements
7. Consequences of Termination: Immediate effects of termination, including cessation of services/obligations
8. Outstanding Payments: Treatment of any payments due or to be withheld, including any penalties for non-performance
9. Return of Property: Requirements for return of any materials, equipment, or confidential information
10. Surviving Obligations: Clauses from original agreement that survive termination
11. Governing Law and Jurisdiction: Confirmation of Saudi law as governing law and relevant jurisdiction for disputes
1. Mutual Release: Optional mutual release of claims, used when parties agree to waive future claims
2. Transition Arrangements: Include when handover of work/services is required
3. Damages Calculation: Details of any agreed compensation for losses, used when parties agree on specific damages
4. Non-Compete Obligations: Confirmation of ongoing non-compete obligations, if applicable from original agreement
5. Dispute Resolution: Alternative dispute resolution procedures, if parties wish to specify method beyond court jurisdiction
6. Public Announcements: Include when parties need to agree on public communications about the termination
1. Schedule 1 - Breach Notices: Copies of all formal breach notices issued
2. Schedule 2 - Performance Failures: Detailed log of non-performance instances with dates and impact
3. Schedule 3 - Outstanding Amounts: Calculation of any outstanding payments or penalties
4. Schedule 4 - Return of Property Schedule: List of all items to be returned by either party
5. Appendix A - Original Agreement: Copy of the original agreement being terminated
6. Appendix B - Correspondence Record: Key correspondence related to non-performance and termination process
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