Consequences of Early Termination. In any event of early termination of this Agreement other than due to early termination by Licensee on account of material breach by Ipsen of any of its obligations under this Agreement, (A) all Licensed Rights granted by Ipsen to Licensee pursuant to Section 2.1 hereof shall terminate and Ipsen Licensed Know-How and Ipsen Licensed Patent Rights shall revert back to Ipsen at no cost for Ipsen and (B) all Licensee Know-How, Licensee Patent Rights and Licensee Joint Technology including without limitation preclinical, clinical and manufacturing data and improvements of Licensee with respect to Licensed Products, as well as all of the then ongoing development activities and manufacturing Know-How with respect to any Licensed Product (“Licensee IP”), shall be licensed to Ipsen or its designee, at Xxxxx’x request, pursuant to a written agreement to be negotiated in good faith by the Parties whereby Ipsen will compensate Licensee for such license of Licensee IP. Any such written agreement shall also provide that Ipsen will assume any and all obligations of Licensee to third parties relating to such Licensee IP. In the event the Parties cannot reach an agreement on the terms of such written agreement, the Parties agree to refer this matter to arbitration as per Article 16.
Consequences of Early Termination. If this Agreement is terminated pursuant to Section 9.2 above, each party shall return or destroy, and certify to such destruction of, all Confidential Information of the other party, except that each party may maintain one (1) copy for archival purposes solely to confirm compliance with the provisions of Section 8.
Consequences of Early Termination a) If this Rental Agreement is terminated under Clause 21, you must immediately pay to us;
(i) All overdue Total Fortnightly lease installments; plus
(ii) The present value of all remaining Total Monthly Rental Payments for the balance of the Agreed Term discounted at monthly rests at the Reserve Bank of Australia’s cash rate, current on the date this Rental Agreement is terminated; plus
(iii) Any liquidated damages payable under Clause 3 and any other amounts payable under this Rental Agreement, which amount you agree is a genuine pre-estimate of the losses that we will suffer because of the early termination of this Rental Agreement.
b) In addition to paragraph a) above, you must also return the Goods to us in accordance with Clause 18 if you have not previously done so.
c) If you fail to comply with paragraph b) above, you must pay to us on demand liquidated damages equal to the present value of the estimated fair market retail value of the Goods as at the end of the Agreed Term (assuming that the Goods will be in the condition required under Clause 18 (a) and (b)) discounted at monthly rests at the Reserve Bank of Australia’s cash rate current on the date this Rental Agreement is terminated, which you agree is a genuine pre-estimate of the actual loss that we will suffer as a result of your failure to return the Goods to us in accordance with Clause 18. We may make the demand for payment by debiting the amount owed under this paragraph from your nominated bank account, credit card or centrelink payment on any date at our election without notice to you.
d) If you have returned the Goods under paragraph (b) above or if we have repossessed the Goods under Clause 19, we will pay to you any amounts you have paid to us under paragraph (c) plus the amount by which the fair market wholesale value of the Goods as at the date the Goods are received by us exceeds the amount of liquidated damages calculated under paragraph (c). We will be entitled to set off any amount that we owe you under this paragraph against any amounts that you owe us under this Rental Agreement, or under any other agreement between you and us.
Consequences of Early Termination. Subject to Clauses 17.8 (Payments on Termination) and 17.9 (Return of the Parties’ IPR), in the case of termination of the Agreement prior to expiry of the Term, both Parties shall immediately cease all further performance of their respective obligations to be performed under this Agreement.
Consequences of Early Termination. 26.1 If this Rental Agreement is terminated under Clause 25, you must immediately pay to us:
26.1.1 All outstanding rental payments; plus
26.1.2 The present value of all remaining Total Monthly Rental Payments for the balance of the Agreed Term discounted at monthly rests at the Bank of England’s cash rate, current on the date this Rental Agreement is terminated; plus
26.1.3 Any liquidated damages payable under this Agreement and any other amounts payable under this Rental Agreement, which amount you agree is a genuine pre-estimate of the losses that we will suffer because of the early termination of this Rental Agreement.
26.2 In addition to 26.1 above, you must also return the Goods to us in accordance with Clause 22 if you have not previously done so.
26.3 If you fail to comply with clause 26.2 above, you must pay to us on demand liquidated damages equal to the present value of the estimated fair market retail value of the Goods as at the end of the Agreed Term (assuming that the Goods will be in the condition required under clause 22, discounted at monthly rests at the Federal Reserve Bank of Londons’ cash rate current on the date this Rental Agreement is terminated, which you agree is a genuine pre-estimate of the actual loss that we will suffer as a result of your failure to return the Goods to us in accordance with Clause 22. We may make the demand for payment by debiting the amount owed under this paragraph from your nominated bank account or Debit Card or Credit Card on any date at our election without notice to you.
Consequences of Early Termination. Upon the effective date of early termination of this Agreement, the following shall apply:
Consequences of Early Termination. In the event that, pursuant to the terms of Clause 20.2 above, the Agent (in the case provided for under Clause 20.2.1) or any Lender (in the case provided for under Clause 20.2.2) were to declare the early termination of this Agreement, the Borrower shall be bound to pay the Lenders (or, where applicable, the Lender that has opted for early termination), on the same date if it is a Business Day that the early termination has been declared, the outstanding Facility Amount (or where applicable, the portion thereof that corresponds to the Lender that has opted for early termination), as well as the other amounts due by virtue of this Agreement, including ordinary and default interest, fees, taxes, and expenses owed in accordance with the terms of this Agreement, and likewise the corresponding indemnity pursuant to Clause 21 below. In any case, once the early maturity of this Agreement has been declared by the Lenders, any judicial or extrajudicial claim relating to the in rem security created under the Security Agreements and the First Demand Guarantee granted in relation to this Agreement (including the enforcement thereof), and for which the Lenders shall be responsible for exercising, must be initiated in accordance with the last paragraph of this Clause 20.3 through the Agent, who sha11 act for these purposes as a special attorney of the Lenders, condition that shall be formalized by means of the granting of the authorizations necessary for that purpose. Likewise, those Lenders that cannot grant the aforementioned authorizations undertake to exercise the aforementioned actions and claims jointly with the Agent, in a single procedure. In any event, and in accordance with the terms of Clause 36.3, the enforcement of the in rem security referred to thereunder and of the First Demand Guarantee, shall require the prior agreement of the Majority Lenders (thus without enforcement being possible by the individual decision of a Lender, not even in the cases provided for under Clauses 15, 16 and 20.2.2 above).
Consequences of Early Termination. If this Subscription Agreement is terminated under clause 10, you must immediately:
a) Pay to us:
i) All overdue Total Monthly Subscription Payments up until the MSP has been met; plus
ii) The loss of money associated with the loss of not receiving the Equipment back, plus
Consequences of Early Termination. Termination (but not expiration) of this Agreement by Licensor for a reason arising under Section 8.3 shall result in the termination of the licenses granted to Licensee, and all such rights shall immediately revert to Licensor in full and the Licensee shall cease all use of Licensed Technology for the development, manufacture and commercialization of the Licensed Products. All other rights and obligations of either Party under this Agreement (including all licenses granted hereunder) shall terminate, unless explicitly provided otherwise in this Section 8.4 or elsewhere in this Agreement. Notwithstanding the forgoing, termination of this Agreement will not relieve the Parties of any obligation accruing prior to such termination, including but not limited to Licensee’s obligations to pay all fees and royalties that shall have accrued hereunder prior to the effective date of termination.
Consequences of Early Termination. The Concessionaire shall continue to perform its obligations under the PPPA until the termination becomes effective. Termination of the PPPA shall terminate all the Concessionaire’s rights with respect to the Project assets and the Site(s). These rights transfer to the Implementing Institution to enable it to procure the continued operation of the Facilities following termination.
