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Federal Act
on the Amendment of the Swiss Civil Code
(Part Five: The Code of Obligations)

Art. 418u

2. Com­pens­a­tion for cli­en­tele

 

1 Where the agent’s activ­it­ies have res­ul­ted in a sub­stan­tial ex­pan­sion of the prin­cip­al’s cli­en­tele and con­sid­er­able be­ne­fits ac­crue even after the end of the agency re­la­tion­ship to the prin­cip­al or his leg­al suc­cessor from his busi­ness re­la­tions with cli­ents ac­quired by the agent, the agent or his heirs have an in­ali­en­able claim for ad­equate com­pens­a­tion, provided this is not in­equit­able.

2 The amount of such claim must not ex­ceed the agent’s net an­nu­al earn­ings from the agency re­la­tion­ship cal­cu­lated as the av­er­age for the last five years or, where short­er, the av­er­age over the en­tire dur­a­tion of the con­tract.

3 No claim ex­ists where the agency re­la­tion­ship has been dis­solved for a reas­on at­trib­ut­able to the agent.