This document is designed for use in commercial and employment relationships under South African law where an extended notice period is required or desired. The 90 Days Termination Notice template is particularly valuable for complex business relationships or senior-level employment arrangements where a longer transition period is necessary for proper handover and business continuity. It exceeds the standard 30-day notice period commonly used in South Africa, providing additional time for transition planning and implementation. The document incorporates provisions from relevant South African legislation, including requirements for fair practice, data protection, and electronic communications. It is structured to protect both parties' interests while ensuring a smooth transition process during the extended notice period.
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1. Parties: Full legal names and details of all parties involved in the agreement
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Key terms used throughout the document
4. Notice Period: Specific clause detailing the 90-day notice period requirement and calculation method
5. Method of Notice: Acceptable methods of delivering the termination notice, including physical and electronic means
6. Acknowledgment of Notice: Process for confirming receipt of termination notice
7. Obligations During Notice Period: Continuing responsibilities of all parties during the 90-day notice period
8. Final Settlement: Process for settling outstanding accounts and obligations
9. Return of Property: Requirements for returning any physical or intellectual property
10. Confidentiality: Ongoing confidentiality obligations post-termination
11. Governing Law: Confirmation of South African law as governing law
1. Intellectual Property Rights: Required when IP transfer or protection is relevant during and after the notice period
2. Data Protection: Include when personal information processing is involved, ensuring POPIA compliance
3. Force Majeure: Optional clause affecting notice period during extraordinary circumstances
4. Dispute Resolution: Include when specific dispute resolution mechanisms are needed
5. Early Termination Rights: Include when there are circumstances allowing for shorter notice periods
6. Assignment: Include when transfer of rights needs to be addressed during notice period
7. Insurance: Include when insurance obligations continue during notice period
1. Contact Details Schedule: Detailed contact information for notice delivery
2. Property Register: List of items to be returned upon termination
3. Handover Checklist: Systematic list of tasks to be completed during notice period
4. Financial Settlement Template: Template for calculating final settlements
5. Compliance Certificate: Template for confirming compliance with termination obligations
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