Common use of BREACH AND TERMINATION Clause in Contracts

BREACH AND TERMINATION. If the Provider does not carry out the Services in accordance with this Agreement the Trust may require the Provider to remedy the default within such time as the Trust may reasonably specify by providing or providing again (as the case may be) without further charge to the Trust such part of the Services as required in accordance with this Agreement; and/or itself provide or procure the provision of the Services or any part of the Services until the Trust shall be satisfied that the Provider is again able to carry out the Services in accordance this Agreement. If the cost to the Trust of executing or procuring such Services exceeds the amount which would have been payable to the Provider for carrying out the Services, the excess shall be paid by the Provider to the Trust in addition to any other sums payable by the Provider to the Trust in respect of the breach; and/or without determining the whole of the Agreement, determine the Agreement in respect of part of the Services only and thereafter provide or procure the provision of such part of the Services itself. The remedies of the Trust under this Clause may be exercised concurrently in respect of any default by the Provider. Either Party may terminate this Agreement by serving written notice on the other Party in the event: of serious or persistent unremedied breach of the other Party’s obligations under this Agreement; and that the other party is declared insolvent, enters into an arrangement or composition with or for the benefit of a creditor, has an administrator, receiver or administrative receiver appointed over all or any part of its assets or ceases or threatens to cease to carry on its business. The Trust may terminate this Agreement in the event that the circumstances described in Clause 14 occur. The Trust may terminate this Agreement by giving when it considers that the Provider has completed all its obligations under this Agreement or by [please insert relevant period] months written notice to the Provider. This Agreement shall terminate automatically in the event that the Parties are no longer legally able to carry out the Services. The Parties may elect to terminate this Agreement in accordance with Clause 12.2, should the circumstances described in Clause 12.2, occur. The provisions of Clauses 6, 7, 8, 10, 11, 19, 20 and 21 shall survive the expiry or early termination of this Agreement, howsoever caused.

BREACH AND TERMINATION. If the Provider does not carry out the Services in accordance with this Agreement the Trust may require the Provider to remedy the default within such time as the Trust may reasonably specify by providing or providing again (as the case may be) without further charge to the Trust such part of the Services as required in accordance with this Agreement; and/or itself provide or procure the provision of the Services or any part of the Services until the Trust shall be satisfied that the Provider is again able to carry out the Services in accordance this Agreement. If the cost to the Trust of executing or procuring such Services exceeds the amount which would have been payable to the Provider for carrying out the Services, the excess shall be paid by the Provider to the Trust in addition to any other sums payable by the Provider to the Trust in respect of the breach; and/or without determining the whole of the Agreement, determine the Agreement in respect of part of the Services only and thereafter provide or procure the provision of such part of the Services itself. The remedies of the Trust under this Clause may be exercised concurrently in respect of any default by the Provider. Either Party may terminate this Agreement by serving written notice on the other Party in the event: of serious or persistent unremedied breach of the other Party’s obligations under this Agreement; and that the other party is declared insolvent, enters into an arrangement or composition with or for the benefit of a creditor, has an administrator, receiver or administrative receiver appointed over all or any part of its it assets or ceases or threatens to cease to carry on its business. The Trust may terminate this Agreement in the event that the circumstances described in Clause 14 occur. The Trust may terminate this Agreement by giving when it considers that the Provider has completed all its obligations under this Agreement or by [please insert relevant period] months written notice to the Provider. This Agreement shall terminate automatically in the event that the Parties are no longer legally able to carry out the Services. The Parties may elect to terminate this Agreement in accordance with Clause 12.2, should the circumstances described in Clause 12.2, occur. The provisions of Clauses 6, 7, 8, 10, 11, 19, 20 and 21 shall survive the expiry or early termination of this Agreement, howsoever caused.

BREACH AND TERMINATION. If the Provider does not carry out the Services in accordance with either Party commits a breach of this Agreement the Trust may require the Provider and fails to remedy such breach within 14 (fourteen) days, of notice thereof from the default within such time as other, the Trust may reasonably specify by providing or providing again (as the case may be) without further charge to the Trust such part of the Services as required in accordance with this Agreement; and/or itself provide or procure the provision of the Services or any part of the Services until the Trust notifying Party shall be satisfied that the Provider is again able to carry out the Services in accordance this Agreement. If the cost to the Trust of executing or procuring such Services exceeds the amount which would have been payable to the Provider for carrying out the Servicesentitled, the excess shall be paid by the Provider to the Trust in addition to any other sums payable by the Provider to the Trust rights and remedies that it may have in respect terms of the breach; and/or without determining the whole of the AgreementAgreement or otherwise, determine the Agreement in respect of part of the Services only and thereafter provide or procure the provision of such part of the Services itself. The remedies of the Trust under this Clause may be exercised concurrently in respect of any default by the Provider. Either Party may to terminate this Agreement by serving written notice on the other Party in the event: of serious or persistent unremedied breach of the other Party’s obligations under this Agreement; and that the other party is declared insolvent, enters into an arrangement or composition with or for the benefit of a creditor, has an administrator, receiver or administrative receiver appointed over all or any part of its assets or ceases or threatens to cease to carry on its business. The Trust may terminate this Agreement in the event that the circumstances described in Clause 14 occur. The Trust may terminate this Agreement by giving when it considers that the Provider has completed all its obligations under this Agreement or by [please insert relevant period] months upon written notice to the Providerother, without prejudice to any claims which such Party may have for damages against the other. This Agreement If a Causal Event occurs, SANBS shall terminate automatically in the event that the Parties are no longer legally able to carry out the Services. The Parties may elect be entitled, but not obliged, to terminate this Agreement on written notice to the Service Provider, in which event such termination shall be without any liability to SANBS and without prejudice to any claims which SANBS may have for damages against the Service Provider. DISPUTE RESOLUTION Should any Dispute, disagreement or claim (“the dispute”) arise between the parties concerning this Agreement, the parties shall endeavour to resolve the Dispute by negotiation at a mutual consultation. This entails one of the parties inviting the other in writing to meet in an attempt to resolve the Dispute within fifteen (15) business days from date of the written invitation. If the Dispute has not been resolved by such negotiation within twenty-one (21) business days of the commencement thereof, by agreement between the parties, then the parties shall ‑ submit the Dispute to mediation to be administered by the Arbitration Foundation of South Africa (“AFSA”) upon such terms as agreed between the parties and the secretariat of AFSA. Each party will pay its own costs for mediation; and Failing agreement as aforesaid in clause and within twenty-one (21) business days of the Dispute being submitted to mediation, the parties shall refer the Dispute to arbitration as provided for below. The decision of the mediator shall become final and binding within twenty-one (21) business days of Delivery thereof to the parties, unless one or any of the parties disputes the mediator’s decision by written notice to the other party within the aforesaid twenty-one (21) business day period, in which event the Dispute shall be referred to arbitration in accordance with Clause 12.2the provisions of the clause below. Failing agreement as referred to in the clauses above or in the event of either of the parties furnishing its notice of Dispute of the mediator’s decision as envisaged in terms of the clause above, should the circumstances described Dispute shall be submitted to arbitration for final resolution in Clause 12.2, occuraccordance with the rules of AFSA by an arbitrator or arbitrators appointed by AFSA. The provisions arbitrator will be an independent person agreed upon by the Parties and, failing such agreement within 10 (ten) business days after the date on which the arbitration is requested by a party, will be appointed by the chairman and failing him, any competent officer of Clauses 6, 7, 8, 10, 11, 19, 20 and 21 shall survive the Arbitrator’s Foundation of Southern Africa (AFSA) who may be requested on notice by any party to make the appointment at any time after the expiry of that 10 (ten) day period. Following the appointment of the arbitrator, the parties shall meet with the said arbitrator and shall reach agreement as to the procedure to be followed during the arbitration proceedings. The arbitration will be held in Johannesburg in accordance with the formalities and procedure settled by the arbitrator. In the absence of an agreement between the parties or early termination a ruling by the arbitrator, a party wishing to use any document, photograph, audio or video tape recording, or any other exhibit of a like nature (referred to in this clause as “the exhibits”) must furnish particulars thereof to the arbitrator and the other parties to the arbitration no later than 10 (ten) days prior to the hearing fixed for the arbitration. The notice giving particulars must include an address at which the exhibits may be inspected and the party giving notice must, if requested to do so by the other party, provide a copy of any of the exhibits. The cost of making such copy will be costs in the arbitration. The arbitrator will be entitled to make such award, including an award for specific performance, an interdict, damages or a penalty or otherwise as he in his sole discretion may deem fit and appropriate and to deal as he deems fit with the question of costs, including, if applicable, costs on the attorney and client scale, or own client scale, and his own fees. Any Party may appeal the decision of the arbitrator or arbitrators in terms of the AFSA rules for commercial arbitration. Nothing herein contained shall be deemed to prevent or prohibit a Party from applying to the appropriate court for urgent relief. Any arbitration in terms of this clause (including any appeal proceedings) shall be conducted on camera and the Parties shall treat as confidential the details of the dispute submitted to arbitration, the conduct of the arbitration proceedings and the outcome of the arbitration. Each Party to this Agreement – expressly consents to any arbitration in terms of this clause being conducted as a matter of urgency; and irrevocably authorises the other Party to apply, on behalf of both Parties, in writing, to the secretariat of AFSA in terms of article 23(1) of the AFSA rules for any such arbitration to be conducted on an urgent basis. This clause is severable from the rest of this Agreement and will continue to be binding on the Parties notwithstanding any termination or cancellation of the Agreement. The Parties agree that the written demand by a Party in terms of this clause that the dispute or difference be submitted to arbitration, howsoever causedis to be deemed to be a legal process for the purpose of interrupting extinctive prescription in terms of the Prescription Act, 1969. If the dispute is of a purely technical nature or financial nature or which, by its nature, would in the opinion of both Parties be best dealt with by an expert it shall be referred to expert determination in terms of clause if the Parties are unable to agree on whether a dispute is of a purely technical nature or financial nature or otherwise a matter that would be best dealt with by an expert or if the Parties are unable to agree on a suitable Expert to be appointed, the dispute shall be referred to arbitration as per this clause .

BREACH AND TERMINATION. If the Provider does not carry out the Services in accordance with A Party to this Agreement shall be in default if it: Fails to pay any amount due by it in terms of this Agreement, by the Trust may require the Provider due date, and fails to remedy such breach within 14(fourteen) days of written notice to do so; or Commits a material breach of any provision of this Agreement and fails to remedy such breach within 30 (thirty) days following a written notice to do so by the default within such other party. If any document, information, representation and data provided on the basis of which this Agreement has been entered into is found to be incorrect, misleading or false. Notwithstanding the tenor stipulated hereinabove, this Agreement may be terminated at any time as the Trust may reasonably specify by providing or providing again either Party, for any cause whatsoever and without assigning a reason upon giving thirty (as the case may be30) without further charge days prior written notice to the Trust such part of other Party. If a Party is in Default, the Services as required aggrieved Party shall be entitled to terminate this Agreement in accordance addition to all other remedies it may be entitled in law. Notwithstanding anything stated herein, a Party may without prejudice to any other rights therein, at any time and by giving written notice, forthwith terminate the Agreement if: The Party has any reason to believe that the other Party or anyone employed by him/her/it or acting on his/her/its behalf, whether with or without the Party’s knowledge, engage in a fraudulent practice in connection with this Agreement. There is a substantial change of ownership or in the control of the other Party (save in the event of the restructuring of the group of companies of which the parties form part), without prior notification of such change to the other Party; and/or itself provide The other party fail to satisfy a judgment against him/her/it within 21 (twenty one) days after becoming aware of the judgment, except if the Party provides evidence on an ongoing basis to the reasonable satisfaction of the other Party that steps have been initiated within the 21 (twenty one) days to appeal or rescind the judgment and to procure suspension of execution of the judgment and that steps are being expeditiously pursued. The period of 21 (twenty one) days shall run from the date following the date on which the attempts to procure the provision suspension of the Services execution fail; or any part The other Party act against the expressed policies and instructions of the Services until the Trust shall be satisfied that the Provider is again able to carry out the Services Agreement as expressed in accordance terms of this Agreement. If the cost to the Trust of executing or procuring such Services exceeds the amount which would have been payable to the Provider for carrying out the Services, the excess The Super Agent shall be paid by entitled to terminate the Provider to the Trust Agreement (in addition to any whatever other sums payable rights which it has at law) with immediate effect on grounds of gross misconduct, fraud or forgery committed by the Provider to Super-Agent without notice and liability for compensation or damages on the Trust in respect happening of any of the breach; and/or without determining the whole following events: The Independent-Agent fails to comply with any of the Agreement, determine the Agreement in respect of part of the Services only and thereafter provide its express or procure the provision of such part of the Services itself. The remedies of the Trust under this Clause may be exercised concurrently in respect of any default by the Provider. Either Party may terminate this Agreement by serving written notice on the other Party in the event: of serious or persistent unremedied breach of the other Party’s implied obligations under this Agreement; and that the other party is declared insolvent, enters into an arrangement or composition with or for the benefit of a creditor, has an administrator, receiver or administrative receiver appointed over all . The Independent-Agent fails to perform its duties under this Agreement to Super Agent’s reasonable satisfaction. The Independent-Agent or any part of its assets personnel/representative is guilty of any misconduct or ceases or threatens to cease to carry on willful neglect in the discharge of its businessduties under this Agreement. The Trust may terminate Independent-Agent is guilty of any act which brings the Super Agent into disrepute or which in the Super Agent’s reasonable opinion is prejudicial to its interest. The Independent-Agent’s services are no longer required by the Super Agent. Notwithstanding any other provision contained in this Agreement Agreement, in the event that the circumstances described in Clause 14 occur. The Trust may terminate this Agreement by giving when it considers that Super-Agent fails to provide the Provider has completed all its obligations under this Agreement or by [please insert relevant period] months written notice to Agent Banking Services as agreed, then the Provider. This Agreement Super Agent shall terminate automatically in the event that the Parties are no longer legally able to carry out the Services. The Parties may elect be permitted to terminate this Agreement forthwith and claim damages or loss suffered in accordance with Clause 12.2, should the circumstances described in Clause 12.2, occur. The provisions lieu of Clauses 6, 7, 8, 10, 11, 19, 20 and 21 shall survive the expiry or early termination of this Agreement, howsoever causedsuch failure.

BREACH AND TERMINATION. If the Provider does not carry out the Services in accordance with this Agreement the Trust may require the Provider to remedy the default within such time as the Trust may reasonably specify by providing or providing again (as the case may be) without further charge to the Trust such part of the Services as required in accordance with this Agreement; and/or itself provide or procure the provision of the Services or any part of the Services until the Trust shall be satisfied that the Provider is again able to carry out the Services in accordance this Agreement. If the cost to the Trust of executing or procuring such Services exceeds the amount which would have been payable to the Provider for carrying out the Services, the excess shall be paid by the Provider to the Trust in addition to any other sums payable by the Provider to the Trust in respect of the breach; and/or without determining the whole of the Agreement, determine the Agreement in respect of part of the Services only and thereafter provide or procure the provision of such part of the Services itself. The remedies of the Trust under this Clause may be exercised concurrently in respect of any default by the Provider. Either Party may terminate this Agreement by serving written notice on the other Party in the event: of serious or persistent unremedied breach of the other Party’s obligations under this Agreement; and that the other party is declared insolvent, enters into an arrangement or composition with or for the benefit of a creditor, has an administrator, receiver or administrative receiver appointed over all or any part of its assets or ceases or threatens to cease to carry on its business. The Trust may terminate this Agreement in the event that the circumstances described in Clause 14 occur. The Trust may terminate this Agreement by giving when it considers that the Provider has completed all its obligations under this Agreement or by [please insert relevant period] months written notice to the Provider. This Agreement shall terminate automatically in the event that the Parties are no longer legally able to carry out the Services. The Parties may elect to terminate this Agreement in accordance with Clause 12.2, should the circumstances described in Clause 12.2, occur. The provisions of Clauses 6, 7, 8, 10, 11, 19, 20 and 21 shall survive the expiry or early termination of this Agreement, howsoever caused.

BREACH AND TERMINATION. If the Provider does not carry out the Services in accordance with this Agreement the Trust may require the Provider to remedy the default within such time as the Trust may reasonably specify by providing or providing again (as the case may be) without further charge to the Trust such part of the Services as required in accordance with this Agreement; and/or itself provide or procure the provision of the Services or any part of the Services until the Trust shall be satisfied that the Provider is again able to carry out the Services in accordance this Agreement. If the cost to the Trust of executing or procuring such Services exceeds the amount which would have been payable to the Provider for carrying out the Services, the excess shall be paid by the Provider to the Trust in addition to any other sums payable by the Provider to the Trust in respect of the breach; and/or without determining the whole of the Agreement, determine the Agreement in respect of part of the Services only and thereafter provide or procure the provision of such part of the Services itself. The remedies of the Trust under this Clause may be exercised concurrently in respect of any default by the Provider. Either Party may terminate this Agreement by serving written notice on the other Party in the event: of serious or persistent unremedied breach of the other Party’s obligations under this Agreement; and that the other party is declared insolvent, enters into an arrangement or composition with or for the benefit of a creditor, has an administrator, receiver or administrative receiver appointed over all or any part of its it assets or ceases or threatens to cease to carry on its business. The Trust may terminate this Agreement in the event that the circumstances described in Clause 14 occur. The Trust may terminate this Agreement by giving when it considers that the Provider has completed all its obligations under this Agreement or by [please insert relevant periodperiod ] months written notice to the Provider. This Agreement shall terminate automatically in the event that the Parties are no longer legally able to carry out the Services. The Parties may elect to terminate this Agreement in accordance with Clause 12.2, should the circumstances described in Clause 12.2, occur. The provisions of Clauses 6, 7, 8, 10, 11, 19, 20 and 21 shall survive the expiry or early termination of this Agreement, howsoever caused.

BREACH AND TERMINATION. If either Party [the Provider does not carry out Defaulting Party] commits a material breach of the Services in accordance with this Agreement the Trust may require the Provider and fails to remedy such breach within 30 [thirty] calendar days of written notice thereof, the default within such time as other Party [hereinafter the Trust may reasonably specify by providing or providing again (as the case may be) without further charge to the Trust such part of the Services as required in accordance with this Agreement; and/or itself provide or procure the provision of the Services or any part of the Services until the Trust Aggrieved Party], shall be satisfied that the Provider is again able to carry out the Services in accordance this Agreement. If the cost to the Trust of executing or procuring such Services exceeds the amount which would have been payable to the Provider for carrying out the Servicesentitled, the excess shall be paid by the Provider to the Trust in addition to any other sums payable by the Provider to the Trust rights and remedies that it may have in respect of the breach; and/or without determining the whole terms of the Agreement, determine to terminate the Agreement in respect of part of forthwith without any liability and without prejudice to any claims which the Services only and thereafter provide or procure Aggrieved Party may have for damages against the provision of such part of the Services itself. The remedies of the Trust under this Clause may be exercised concurrently in respect of any default by the ProviderDefaulting Party. Either Party may terminate this the Agreement forthwith by serving written notice on in writing to the other Party when the other Party is unable to pay its debts as they fall due or commits any act or omission which would be an act of insolvency in the event: of serious or persistent unremedied breach terms of the other Party’s obligations under this Agreement; and that the other party Insolvency Act, 24 of 1936 [as amended from time to time], or if any action, application or proceeding is declared insolvent, enters into an made with regard to it for: a voluntary arrangement or composition with or for reconstruction of its debts; its winding-up or dissolution; the benefit appointment of a creditorliquidator, has an administratortrustee, receiver, administrative receiver or administrative receiver appointed over all similar officer; any similar action, application or proceeding in any part of its assets or ceases or threatens jurisdiction to cease to carry on its businesswhich it is subject. The Trust Employer may terminate the Agreement at any time within 2 [two] months of becoming aware of a change of control of the Supplier by notice in writing to the Supplier. For the purposes of this Agreement in clause, control means the event that right to direct the circumstances described in Clause 14 occuraffairs of a company whether by ownership of shares, membership of the board of directors, agreement or otherwise. The Trust Notwithstanding this clause 20, AUTOPAX may terminate this Agreement cancel the Agreement: without cause by giving when it considers that 30 [thirty] calendar days prior written notice thereof to the Provider has completed all its obligations under this Agreement Supplier, or by [please insert relevant period] months written notice in writing to the Provider. This Agreement shall terminate automatically in Supplier, where the event that Supplier fails to provide Employer with a valid Tax Clearance Certificate issued by the Parties are no longer legally able to carry out South African Revenue Service at any time during the Services. The Parties may elect to terminate this Agreement in accordance with Clause 12.2, should currency of the circumstances described in Clause 12.2, occurAgreement. The provisions of Clauses 6clauses 2 [Definitions], 714 [Warranties], 819 [Rights on Cancellation], 1024 [Confidentiality], 1126 [Limitation of Liability], 1927 [Intellectual Property Rights], 20 30 [Dispute Resolution] and 21 34.1 [Governing Law] shall survive termination or expiry of the expiry Agreement. This Contract may be terminated by either Party by giving a 30 (thirty) days’ notice or early following the occurrence of either the Contractor’s Default or Employer’s Default. If termination is as a result of this Agreementthe Employer’s Default, howsoever causedthe Contractor shall be entitled to payment for all the Services undertaken by the Contractor up to the date of termination.

BREACH AND TERMINATION. If the Provider does not carry out the Services Termination in accordance with clause 0 [Term and Cancellation] shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to either Party and all provisions which are to survive this Agreement or impliedly do so shall remain in force and in effect. On termination of this Agreement or a Work Order, the Trust Service Provider will immediately deliver up, and procure that its Personnel will immediately deliver up to Transnet, all Deliverables and property belonging to Transnet [or, in the event of termination of a Work Order, such as is relevant to that Work Order] which may require be in the possession of, or under the control of the Service Provider, and certify to Transnet in writing that this has been done. To the extent that any of the Deliverables and property referred to in clause 0 above are in electronic form and contained on non-detachable storage devices, the Service Provider will provide Transnet with unencrypted copies of the same on magnetic media and will irretrievably destroy and delete copies so held. In the event that this Agreement is terminated by the Service Provider under clause Error! Reference source not found. [Term and Cancellation], or in the event that a Work Order is terminated by Transnet under clause Error! Reference source not found. [Breach and Consequences of Termination], Transnet will pay to the Service Provider all outstanding Fees [apportioned on a pro rata basis] relating to the work undertaken by the Service Provider up until the date of such termination. Transnet will also pay the costs of any goods and materials ordered by the Service Provider in relation to the such work for which the Service Provider has paid or is legally obliged to pay, in which case, on delivery of such goods or materials, the Service Provider will promptly deliver such goods and materials to Transnet or as it may direct. If either Party [the Defaulting Party] commits a material breach of this Agreement and fails to remedy such breach within 30 [thirty] calendar days of written notice thereof, the default within such time as other Party [hereinafter the Trust may reasonably specify by providing or providing again (as the case may be) without further charge to the Trust such part of the Services as required in accordance with this Agreement; and/or itself provide or procure the provision of the Services or any part of the Services until the Trust Aggrieved Party], shall be satisfied that the Provider is again able to carry out the Services in accordance this Agreement. If the cost to the Trust of executing or procuring such Services exceeds the amount which would have been payable to the Provider for carrying out the Servicesentitled, the excess shall be paid by the Provider to the Trust in addition to any other sums payable by the Provider to the Trust rights and remedies that it may have in respect terms of the breach; and/or without determining the whole of the this Agreement, determine to terminate this Agreement forthwith without any liability and without prejudice to any claims which the Agreement in respect of part of Aggrieved Party may have for damages against the Services only and thereafter provide or procure the provision of such part of the Services itself. The remedies of the Trust under this Clause may be exercised concurrently in respect of any default by the ProviderDefaulting Party. Either Party may terminate this Agreement forthwith by serving written notice on in writing to the other Party when the other Party is unable to pay its debts as they fall due or commits any act or omission which would be an act of insolvency in the event: of serious or persistent unremedied breach terms of the other Party’s obligations under this Agreement; and that the other party Insolvency Act, 24 of 1936 [as amended from time to time], or if any action, application or proceeding is declared insolvent, enters into an made with regard to it for: a voluntary arrangement or composition with or for reconstruction of its debts; its winding-up or dissolution; the benefit appointment of a creditorliquidator, has an administratortrustee, receiver, administrative receiver or administrative receiver appointed over all similar officer; any similar action, application or proceeding in any part of its assets or ceases or threatens jurisdiction to cease to carry on its businesswhich it is subject. The Trust Transnet may terminate this Agreement at any time within 2 [two] months of becoming aware of a change of control of the Supplier/Service Provider by notice in writing to the event that Supplier/Service Provider. For the circumstances described in Clause 14 occurpurposes of this clause, control means the right to direct the affairs of a company whether by ownership of shares, membership of the board of directors, agreement or otherwise. The Trust Notwithstanding this clause 0, Transnet may terminate cancel this Agreement Agreementwithout cause by giving when it considers that the Provider has completed all its obligations under this Agreement or by 30 [please insert relevant periodthirty] months calendar days prior written notice thereof to the Supplier/Service Provider. This Agreement shall terminate automatically in the event that the Parties are no longer legally able to carry out the Services. The Parties may elect to terminate this Agreement in accordance with Clause 12.2, should the circumstances described in Clause 12.2, occur. or The provisions of Clauses 6clauses 0 [Definitions], 7Error! Reference source not found. [Warranties], 80 [Rights on Cancellation], 1002 [Confidentiality], 110 [Limitation of Liability], 190 [Intellectual Property Rights], 20 0 [Dispute Resolution] and 21 0 [Governing Law] shall survive the termination or expiry or early termination of this Agreement, howsoever caused.