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Independent Contractor Severance Agreement
"I need an Independent Contractor Severance Agreement for a software development consultant who will be providing transition services until March 15, 2025, with ongoing confidentiality obligations and a mutual release of claims."
1. Parties: Identifies the contracting parties - the company and the independent contractor
2. Background: Recitals explaining the contractor relationship, reference to original agreement, and decision to terminate
3. Definitions: Defines key terms used throughout the agreement
4. Termination Date: Specifies the effective date of contract termination
5. Final Payment and Severance: Details the final payment amount, timing, and method of payment
6. Tax Treatment: Specifies tax handling of payments and contractor's responsibility for taxes
7. Return of Property: Requirements for returning company property, documents, and data
8. Confidentiality Obligations: Ongoing obligations to maintain confidentiality of company information
9. Release of Claims: Mutual release of claims between parties
10. Continuing Obligations: Survival of relevant terms from original agreement
11. Governing Law: Specifies Canadian law as governing law and jurisdiction
12. General Provisions: Standard clauses including entire agreement, amendments, and severability
1. Transition Services: Used when contractor needs to provide transition assistance or knowledge transfer
2. Non-Competition: Include if enforcing post-termination competitive restrictions
3. Non-Solicitation: Include if restricting solicitation of employees or clients
4. Reference Letter: Include if company agrees to provide a reference
5. Cooperation in Legal Matters: Include if contractor's assistance may be needed in future legal proceedings
6. Insurance Continuation: Include if contractor had insurance coverage that needs addressing
7. Intellectual Property Assignment: Include if additional IP assignment is needed post-termination
8. Public Statement: Include if parties need to agree on public communications about the separation
1. Schedule A - Payment Details: Detailed breakdown of all payments, including timing and conditions
2. Schedule B - Company Property List: Itemized list of company property to be returned
3. Schedule C - Surviving Provisions: List of provisions from original agreement that survive termination
4. Appendix 1 - Release Form: Detailed release of claims form
5. Appendix 2 - Certificate of Independent Legal Advice: Confirmation that contractor received independent legal advice
6. Appendix 3 - Compliance Certificate: Contractor's certification of compliance with return of property and confidentiality obligations
Authors
Technology
Construction
Consulting
Professional Services
Healthcare
Media and Entertainment
Financial Services
Education
Manufacturing
Real Estate
Energy
Transportation and Logistics
Human Resources
Legal
Finance
Operations
Procurement
Risk Management
Compliance
Executive Leadership
Chief Executive Officer
Chief Financial Officer
Human Resources Director
Legal Counsel
Procurement Manager
Project Manager
Department Head
Operations Director
Contract Administrator
Risk Manager
Talent Acquisition Manager
Business Unit Director
Chief Operating Officer
General Counsel
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