Common use of Agreement Term and Termination Clause in Contracts

Agreement Term and Termination. 3.1 The Agreement shall be effective from and including the Effective Date and shall continue, unless earlier terminated as provided herein, until the end of the Consumables Period defined in condition 3.2. 3.2 Kodak will provide Consumables to Customer during the Initial Consumables Period. Thereafter the period in which Kodak will provide Consumables to Customer shall automatically renew for additional periods of one (1) year each unless terminated by either Party by written notice to the other Party at least ninety (90) days prior to the end of the then current period. The Initial Consumables Period together with any extension shall be known as the “Consumables Period”. 3.3 Kodak may, by written notice to the Customer, terminate the Agreement or suspend the supply of Consumables immediately in the event: a) the Customer fails to make any payment due to Kodak; b) of any insolvency or bankruptcy proceedings by or against Customer including appointment of a receiver; c) the Customer is in breach of any material provision of the Agreement, which is not rectified within 30 days of written notice requiring rectification; d) the Customer is in breach of any incurable, material provision of this Agreement; and/or (e) in the event of the occurrence of anything analogous or having a substantially similar effect to any of these preceding conditions or matters under the Applicable Law of any applicable jurisdiction, and to the procedures, circumstances and events which constitute any of those conditions or matters. Such termination shall be without prejudice to the Parties’ accrued rights, provided that, subject to condition 9.1, Kodak may without liability cancel any outstanding orders and provided that Kodak shall not be liable for any termination damages or compensation however arising. 3.4 If Customer cancels an order for Consumables for any reason before shipment, Kodak shall be entitled to retain or invoice the Customer 10% of the value of the relevant cancelled order and any additional costs incurred by Kodak. 3.5 If Kodak manufactures unique plates for Customer, then upon expiration or termination of the Agreement, Customer shall, within 5 days from the date of invoice, purchase all of Kodak’s on-hand inventory of such unique plates and any associated raw materials.

Agreement Term and Termination. 3.1 The Agreement shall be effective from and including the Effective Date and shall continue, unless earlier terminated as provided herein, until the end of the Consumables Period defined in condition 3.2. 3.2 Kodak will provide Consumables to Customer during the Initial Consumables Period. Thereafter the period in which Kodak will is to provide Consumables to Customer shall automatically renew for additional periods of one (1) year each unless terminated by either Party by written notice to the other Party at least ninety (90) days prior to the end of the then current period. The Initial Consumables Period together with any extension shall be known as the “Consumables Period”Goods and/or Professional Services hereunder. 3.3 3.2 Kodak may, by written notice to the Customer, terminate the Agreement or suspend the supply of Consumables Products immediately in the event: a) the Customer fails to make any payment due to KodakKodak or to a finance company financing the Equipment and/or Software within 14 days of the due date; b) of any insolvency or bankruptcy proceedings by or against Customer including appointment of a receiver; c) the Customer is in breach of any material provision of the Agreement, which is not rectified within 30 days of written notice requiring rectification; d) the Customer is in breach of any incurable, material provision of this Agreement; and/or (e) in the event of the occurrence of anything analogous or having a substantially similar effect to any of these preceding conditions or matters under the Applicable Law of any applicable jurisdiction, and to the procedures, circumstances and events which constitute any of those conditions or matters. Such termination shall be without prejudice to the Parties’ accrued rights, provided that, subject to condition 9.112.1, Kodak may without liability cancel any outstanding orders and provided that Kodak shall not be liable for any termination damages or compensation however arising. 3.4 3.3 If Customer cancels an order for Consumables Goods for any reason before shipment, Kodak shall be entitled to retain or invoice the Customer 10% of the value of the relevant cancelled order and any additional costs incurred by Kodak. 3.5 If Kodak manufactures unique plates for Customer, then upon expiration or termination of the Agreement, Customer shall, within 5 days from the date of invoice, purchase all of Kodak’s on-hand inventory of such unique plates and any associated raw materials.

Agreement Term and Termination. 3.1 The Agreement shall be effective from and including the Effective Date and shall continue, unless earlier terminated as provided herein, until the end of the Consumables Period Support Term as such term is defined in condition 3.2. 3.2 Kodak The initial support term for the provision of Support Services (and any Support Plans under it) will provide Consumables to Customer during be for the initial period commencing on the Support Commencement Date set out in Schedule Support Services and ending on the 12 month anniversary of the Support Commencement Date ("Initial Consumables PeriodSupport Term"). Thereafter the period in which Kodak will provide Consumables to Customer Thereafter, Support Services shall automatically renew for additional successive 12 month periods of one at the Service Fee indicated in Schedule Support Services subject to price increases (1) year each see condition 4.2), unless terminated by either Party by written notice to provides the other Party at least ninety (90) with written notice of termination in accordance with this condition 3.2. Either Party may terminate Support Services effective on or after the day following the Initial Support Term by providing the other Party with 90 days prior to the end of the then current periodadvance written notice. The Initial Consumables Period Support Term together with any extension shall be known as the “Consumables PeriodSupport Term”. 3.3 Kodak may, by written notice to the Customer, terminate the Agreement or cancel the Support Plan or suspend the supply of Consumables Support Services immediately in the event: a) the Customer fails to make any payment due to KodakKodak or to a finance company financing the Equipment and/or Software within 14 days of the due date; b) of any insolvency or bankruptcy proceedings by or against Customer including appointment of a receiver; c) the Customer is in breach of any material provision of the Agreement, which is not rectified within 30 days of written notice requiring rectification; d) the Customer is in breach of any incurable, material provision of this Agreement; and/or (e) in the event of the occurrence of anything analogous or having a substantially similar effect to any of these preceding conditions or matters under the Applicable Law of any applicable jurisdiction, and to the procedures, circumstances and events which constitute any of those conditions or matters. Such termination shall be without prejudice to the Parties’ accrued rights, provided that, subject to condition 9.112.1, Kodak may without liability cancel any outstanding orders and provided that Kodak shall not be liable for any termination damages or compensation however arising. 3.4 If Customer cancels an order for Consumables for any reason before shipment, Kodak shall be entitled to retain or invoice the Customer 10% of the value of the relevant cancelled order and any additional costs incurred by Kodak. 3.5 If Kodak manufactures unique plates for Customer, then upon expiration or termination of the Agreement, Customer shall, within 5 days from the date of invoice, purchase all of Kodak’s on-hand inventory of such unique plates and any associated raw materials.