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Commentary

157.4 Termination clauses

BUSINESSES vol 4(2) start-up, sale and purchase
BUSINESSES vol 4(2) start-up, sale and purchase | Commentary

157.4 Termination clauses

BUSINESSES vol 4(2) start-up, sale and purchase | Commentary

157.4 Termination clauses

Where the agreement is ongoing, for example, where it is for a fixed term or is to continue until terminated by notice, it is important to include appropriate provisions allowing the seller, or the buyer as the case may be, to terminate the agreement without notice. Termination rights tend to fall into three different categories.

The first category deals with breach by the other side. In extreme cases, a party’s standard terms may seek to allow that party to terminate the agreement for any breach by the other side, however trivial. This may however be considered to be

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