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 period in which Kodak is to provide Goods and/or Services hereunder. 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 The initial support term for the provision of Support Services (and any Support Plans under it) will 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 Support Term"). Thereafter, Support Services shall automatically renew for successive 12 month periods at the Service Fee indicated in Schedule Support Services subject to price increases (see condition 4.3), unless either Party provides the other Party with written notice of termination in accordance with this condition 3.3. 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 advance written notice. The Initial Support Term together with any extension shall be known as the “Support Term”. 3.4 The Subscription Program will commence upon the delivery of the license key and shall be for the initial term stated in the Schedule - Subscription Program ("Initial Subscription Term"). Thereafter, the Subscription Program shall automatically renew for successive 12 month periods unless either Party provides the other Party with written notice of termination in accordance with this condition 3.4. Either Party may terminate the Subscription Program effective on or after the day following the Initial Subscription Term by providing the other Party with 90 days advance written notice. The Initial Subscription Term together with any extension shall be known as the “Subscription Term”. 3.5 Kodak may, by written notice to the Customer, terminate the Agreement or suspend the supply of Products immediately in the event: a) the Customer fails to make any payment due to Kodak 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 16.1, Kodak may without liability cancel any outstanding orders and provided that Kodak shall not be liable for any termination damages or compensation however arising. 3.6 If Customer cancels an order for 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. 3.7 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 period in which Kodak is to provide Goods and/or Services hereunder. 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 The initial support term for the provision of Support Services (and any Support Plans under it) will 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 Support Term"). Thereafter, Support Services shall automatically renew for successive 12 month periods at the Service Fee indicated in Schedule Support Services subject to price increases (see condition 4.3), unless either Party provides the other Party with written notice of termination in accordance with this condition 3.3. 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 advance written notice. The Initial Support Term together with any extension shall be known as the “Support Term”. 3.4 The Subscription Program will commence upon the delivery of the license key and shall be for the initial term stated in the Schedule - Subscription Program ("Initial Subscription Term"). Thereafter, the Subscription Program shall automatically renew for successive 12 month periods unless either Party provides the other Party with written notice of termination in accordance with this condition 3.4. Either Party may terminate the Subscription Program effective on or after the day following the Initial Subscription Term by providing the other Party with 90 days advance written notice. The Initial Subscription Term together with any extension shall be known as the “Subscription Term”. 3.5 Kodak may, by written notice to the Customer, terminate the Agreement or suspend the supply of Products immediately in the event: a) the Customer fails to make any payment due to Kodak 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 16.1, Kodak may without liability cancel any outstanding orders and provided that Kodak shall not be liable for any termination damages or compensation however arising. 3.6 If Customer cancels an order for 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. 3.7 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 This Agreement shall be effective takes effect as from and including the Effective Date and shall continue, unless earlier terminated remains in effect for the Initial Term as provided herein, until mentioned in the applicable proposal or quotation. The Agreement will automatically renew for successive one-year periods (each a "Renewal Term") beginning at the end of the period in which Kodak is to provide Goods and/or Services hereunder. 3.2 Kodak will provide Consumables to Customer during Initial Term, unless either Arteel or the Subscriber provides notice of termination three months before the end of the Initial Consumables PeriodTerm or current Renewal Term, as applicable. Thereafter Either Party may terminate the period Agreement by giving at least three months’ notice prior to the end of the Initial Term or the then current Renewal Term, or unless otherwise terminated early in which Kodak will provide Consumables to Customer shall automatically renew for additional periods accordance with the provisions of one (1) year each unless terminated by either this Agreement. Either Party may terminate this Agreement 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 The initial support term for the provision of Support Services (and any Support Plans under it) will 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 Support Term"). Thereafter, Support Services shall automatically renew for successive 12 month periods at the Service Fee indicated in Schedule Support Services subject to price increases (see condition 4.3), unless either Party provides party if the other Party with written notice party materially breaches this Agreement and fails to cure such breach within sixty calendar days from receipt of termination in accordance with this condition 3.3a default notice. 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 advance written notice. The Initial Support Term together with any extension shall be known as the “Support Term”. 3.4 The Subscription Program will commence upon the delivery of the license key and shall be for the initial term stated in the Schedule - Subscription Program ("Initial Subscription Term"). Thereafter, the Subscription Program shall automatically renew for successive 12 month periods unless either Party provides the other Party with written notice of termination in accordance with this condition 3.4. Either Party may terminate the Subscription Program effective on or after the day following the Initial Subscription Term by providing the other Party with 90 days advance written notice. The Initial Subscription Term together with any extension shall be known as the “Subscription Term”. 3.5 Kodak may, Agreement by written notice to the Customerother Party, terminate effective as of the date of delivery of such notice, if the other Party becomes the subject of a voluntary or involuntary bankruptcy, insolvency or similar proceeding or otherwise liquidates or ceases to do business. Upon termination of this Agreement or suspend the supply of Products immediately in the event: afor whatever reason (i) the Customer fails to make any payment Subscriber shall promptly pay Arteel all Fees and other amounts earned by or due to Kodak or Arteel pursuant to a finance company financing this Agreement, up to and including the Equipment and/or Software within 14 days date of termination, (ii) all user rights granted to the Subscriber pursuant to this Agreement, including the rights to use the Service, shall automatically terminate and the Subscriber shall return all copies 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 AgreementService, which is not rectified within 30 days of written notice requiring rectification; d) the Customer is in breach of any incurable, material provision if any. Termination 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 Agreement on whatever ground shall be without prejudice to any right or remedy that has accrued prior to the Parties’ accrued rights, provided that, subject actual termination. The provisions of this Agreement that are expressly or implicitly intended to condition 16.1, Kodak may without liability cancel survive termination shall survive any outstanding orders and provided that Kodak shall not be liable for any termination damages or compensation however arising. 3.6 If Customer cancels an order for 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. 3.7 If Kodak manufactures unique plates for Customer, then upon expiration or termination of the this 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.