In a decision* dated 31 March 2021, the French Court of Cassation held that a unilateral termination clause in a fixed-term contract for the exclusive benefit of one party may be valid. A party may then terminate a contract unilaterally and for personal convenience if the contract provides for this option.
This decision primarily concerns a patent valorisation agreement, but the solution may interest all biotechnology practitioners in case of collaborative research and development, or product manufacturing and supply agreements.
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