Don't rush to court, agree your own provisional measures with our free tool
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Should there be a contractual penalty (boetebeding) for the party that fails to comply with the agreement?

on the End Date with retro-active effect as per the date of this Agreement, and what has been performed under the Provisional Measures shall be undone in accordance with Title 4, Part 2 of Book 6 of the Dutch Civil Code.

  1. Please make a choiche above on how non-compliance by either party should be handled.
  2. Explanation to Article 1.4

    If a party does not perform under the provisional measures, the other party can go to court and file suit against the non-performing party. Article 1.4 is a reference to this already existing legal possibility.

    Explanation to penalty clause

    Our template gives the parties the option to also agree on penalties for the non-performance under the provisional measures. The provisional measures will end with retro-active effect at the end date, but once forfeited, penalties will remain due and payable.

  3. This Agreement is not a settlement agreement and does not prejudice the legal position of either Party under the Existing Legal Relationship

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