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A Termination Letter for termination of an agreement is used by a party to let the other party know that they wish to terminate the agreement prior to the expiry of the term of the agreement.
A party may wish to terminate an agreement prior to the expiry of its term for many reasons, including a breach by the other party or shutting down a specific activity/business. The parties may also wish to terminate an arrangement by mutual agreement if it is not working out for any reason.
This document should only be used to end and cancel an agreement before its expiry.
How to use this document?
This letter includes information such as if there was a breach of the agreement, what is the nature of the breach and whether any notice has been given to rectify the breach. It can also be used if the parties want to terminate the agreement in cases where there is no breach, but the parties mutually agree to end the contract. It also allows the party sending the letter to specify whether any amounts are due under the Agreement from any party to the other and to specify the time period within which the amounts should be paid. The letter allows the parties to acknowledge that no further amounts need to be paid or obligations undertaken post the termination and acceptance of the letter.
Once this letter is completed with all the relevant information, the party sending the letter can sign and send an original signed copy to the other party by certified mail. Using certified mail allows a party to have a record that written notice of termination was sent in the event of any future dispute. The other party should then sign and confirm the terms of the letter. While it may not be necessary in all cases for the receiving party to sign and confirm the terms of the letter (it would depend on the terms and conditions specified in the agreement between them) acceptance by the other party creates a legally binding document on both parties.
Matters related to agreements and termination thereof are subject to the law of contract, and the provisions of the Indian Contract Act, 1872 would be applicable here. The Contract Act also contains provisions for loss or damage which may have been caused due to breach of contract, which would be subject to the provisions in the agreement being terminated regarding the same.
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