Common use of CONSEQUENCES OF EXPIRY/TERMINATION Clause in Contracts

CONSEQUENCES OF EXPIRY/TERMINATION. 6.8.1. Forthwith and not later than 7 working days from the termination of this Agreement, the Licensee shall vacate the Licensed Premises and remove all its equipment from the Licensed Premises. 6.8.2. The Licensee shall ensure that the Licensed Premises/Licensed Space is in the same condition as it were at the time of inception of the license/occupation of the premises for the purpose(s) specified in the present agreement, except for reasonable wear and tear. The Licensee’s occupation of the Licensed Premises beyond such expiry or termination, as the case may be, shall be deemed to be that of a trespasser. For avoidance of any doubt as to in what condition the Licensed Premises/Space was handed over to the Licensee, the Licensee at the time of occupation of the licensed premises shall be required to get the space/premises thus handed over to it photographed/videographed and such videographed/ photographed content shall be handed over by the Licensee to the Licensor, as also a copy thereof retained by the Licensee for the purpose of reference in future at the time of vacating the premises, as and when the Leave & License Agreement comes to an end, in order to ensure that the same is handed over back to the Licensor, more or less, in the same condition as it was in at the time of being taken over by the Licensee. Any loss occasioned to the Licensee at the time of vacating the licensed premises on account of inapt handling of its goods/articles/belongings/installations/fixtures/furniture/furnishings and any other thing, which the Licensee may claim as belonging to it, or on any other count shall neither be attributable to, nor recoverable from the Licensor. 6.8.3. If the Licensee fails to vacate the Licensed Premises and remove its equipment and all other belongings from the Licensed Premises within 15 days or within such additional time that may be granted by the Licensor on its sole discretion on Licensee’s request in writing after coming to an end of the present Leave & License Agreement, whether by efflux of time, termination or determination thereof at an earlier date, the Licensee shall become liable to compensate the Licensor for concomitant/resultant illegal and unauthorized occupation of the subject premises for the entire period during which the Licensee continues to occupy the subject premises, notwithstanding the fact that consequent upon cessation of the Leave & License Agreement, the Licensee stood prevented from entering in and operating from the subject premises. The Licensee shall stand liable to compensate the Licensor for such illegal and unauthorized occupation of the licensed premises by paying mesne profits for the loss of revenue accruing to the Licensor resulting from its inability to rent out the licensed/subject premises against License Fee to other interested start-ups/business entities etc. having been prevented to do so by the Licensee on account of the aforesaid illegal occupation of the Licensed Premises. The mesne profits payable thus, to the Licensor shall be @ 150% per month of the monthly License Fee paid by the Licensee in terms of the present Leave & License Agreement for such entire period of time during which the Licensee continues to remain in illegal and unauthorized occupation of the subject/licensed premises.

CONSEQUENCES OF EXPIRY/TERMINATION. 6.8.1. Forthwith and not later than 7 working days from the ‌ 10.1 Upon expiry or termination of this Agreement, the Licensee shall vacate Co-location Service: (a) the Licensed Premises Contracting QP must immediately discontinue the use of the Co-location Space and remove all its equipment Co-located Equipment from the Licensed Premises.Co-location Space; 6.8.2. The Licensee shall ensure that (b) the Licensed Premises/Licensed Contracting QP’s right of physical access to the Co-location Space is in will terminate; and (c) Nucleus Connect will reinstate the same condition as it were Co-location Space by, including without limitation, disconnecting, recovering or reinstating all cables and equipment at the time Co-location Space installed pursuant to paragraph 7.17, and the reasonable cost of inception of the license/occupation of the premises for the purpose(s) specified in the present agreement, except for reasonable wear and tear. The Licensee’s occupation of the Licensed Premises beyond such expiry or termination, as the case may be, shall reinstatement will be deemed to be that of a trespasser. For avoidance of any doubt as to in what condition the Licensed Premises/Space was handed over to the Licensee, the Licensee at the time of occupation of the licensed premises shall be required to get the space/premises thus handed over to it photographed/videographed and such videographed/ photographed content shall be handed over borne by the Licensee to the Licensor, as also a copy thereof retained by the Licensee for the purpose of reference in future at the time of vacating the premises, as and when the Leave & License Agreement comes to an end, in order to ensure that the same is handed over back to the Licensor, more or lessContracting QP provided that, in the same condition case of a termination of the Co-location Service, such termination is not due to Nucleus Connect’s fault. 10.2 If the Contracting QP fails to discontinue the use of its Co-located Equipment and/or remove its Co-located Equipment from the Co-location Space upon expiry or termination of the Co-location Service: (a) Nucleus Connect will remove the Co-located Equipment; and (b) the Contracting QP shall bear all reasonable costs incurred for the works associated with the aforesaid removal, including disposal and/or storage of the Co-located Equipment, without any claim whatsoever against Nucleus Connect in connection with the aforesaid works undertaken by Nucleus Connect. The Contracting QP shall pay Nucleus Connect (i) the applicable Charges in the event of any expiry or termination of the Co-location Service as it was set out in paragraph 13, and (ii) if the Co-location Service is terminated prior to the expiry of the Minimum Term, the Contracting QP shall also pay Nucleus Connect for the outstanding Charges in respect of such Co-location Service for the remainder of the Minimum Term, in accordance with the Master ICO Agreement, provided that the Contracting QP shall not be liable for such outstanding Charges unless such termination is due to the Contracting QP’s fault. 10.3 Upon the expiry or termination of the Co-location Service, this Service Schedule shall lapse, unless Nucleus Connect is separately providing Co-location Services to the Contracting QP at the time of being taken over by the Licensee. Any loss occasioned to the Licensee at the time of vacating the licensed premises on account of inapt handling of its goods/articles/belongings/installations/fixtures/furniture/furnishings and any other thing, which the Licensee may claim as belonging to it, or on any other count shall neither be attributable to, nor recoverable from the Licensor. 6.8.3. If the Licensee fails to vacate the Licensed Premises and remove its equipment and all other belongings from the Licensed Premises within 15 days or within such additional time that may be granted by the Licensor on its sole discretion on Licensee’s request in writing after coming to an end of the present Leave & License Agreement, whether by efflux of time, termination or determination thereof at an earlier date, the Licensee in which case this Service Schedule shall become liable to compensate the Licensor for concomitant/resultant illegal and unauthorized occupation of the subject premises for the entire period during which the Licensee continues to occupy the subject premises, notwithstanding the fact that consequent upon cessation of the Leave & License Agreement, the Licensee stood prevented from entering in and operating from the subject premises. The Licensee shall stand liable to compensate the Licensor for such illegal and unauthorized occupation of the licensed premises by paying mesne profits for the loss of revenue accruing to the Licensor resulting from its inability to rent out the licensed/subject premises against License Fee to other interested start-ups/business entities etc. having been prevented to do so by the Licensee on account of the aforesaid illegal occupation of the Licensed Premises. The mesne profits payable thus, to the Licensor shall be @ 150% per month of the monthly License Fee paid by the Licensee in terms of the present Leave & License Agreement for such entire period of time during which the Licensee continues to remain in illegal and unauthorized occupation of the subject/licensed premisesforce.

CONSEQUENCES OF EXPIRY/TERMINATION. 6.8.1. Forthwith and not later than 7 working days from the 10.1 Upon expiry or termination of this Agreement, the Licensee shall vacate Co-location Service: (a) the Licensed Premises Contracting QP must immediately discontinue the use of the Co-location Space and remove all its equipment Co-located Equipment from the Licensed Premises.Co-location Space; 6.8.2. The Licensee shall ensure that (b) the Licensed Premises/Licensed Contracting QP’s right of physical access to the Co-location Space is in will terminate; and (c) Nucleus Connect will reinstate the same condition as it were Co-location Space by, including without limitation, disconnecting, recovering or reinstating all cables and equipment at the time Co-location Space installed pursuant to paragraph 7.17, and the reasonable cost of inception of the license/occupation of the premises for the purpose(s) specified in the present agreement, except for reasonable wear and tear. The Licensee’s occupation of the Licensed Premises beyond such expiry or termination, as the case may be, shall reinstatement will be deemed to be that of a trespasser. For avoidance of any doubt as to in what condition the Licensed Premises/Space was handed over to the Licensee, the Licensee at the time of occupation of the licensed premises shall be required to get the space/premises thus handed over to it photographed/videographed and such videographed/ photographed content shall be handed over borne by the Licensee to the Licensor, as also a copy thereof retained by the Licensee for the purpose of reference in future at the time of vacating the premises, as and when the Leave & License Agreement comes to an end, in order to ensure that the same is handed over back to the Licensor, more or lessContracting QP provided that, in the same condition case of a termination of the Co-location Service, such termination is not due to Nucleus Connect’s fault. 10.2 If the Contracting QP fails to discontinue the use of its Co-located Equipment and/or remove its Co-located Equipment from the Co-location Space upon expiry or termination of the Co-location Service: (a) Nucleus Connect will remove the Co-located Equipment; and (b) the Contracting QP shall bear all reasonable costs incurred for the works associated with the aforesaid removal, including disposal and/or storage of the Co-located Equipment, without any claim whatsoever against Nucleus Connect in connection with the aforesaid works undertaken by Nucleus Connect. The Contracting QP shall pay Nucleus Connect (i) the applicable Charges in the event of any expiry or termination of the Co-location Service as it was set out in paragraph 13, and (ii) if the Co-location Service is terminated prior to the expiry of the Minimum Term, the Contracting QP shall also pay Nucleus Connect for the outstanding Charges in respect of such Co-location Service for the remainder of the Minimum Term, in accordance with the Master ICO Agreement, provided that the Contracting QP shall not be liable for such outstanding Charges unless such termination is due to the Contracting QP’s fault. 10.3 Upon the expiry or termination of the Co-location Service, this Service Schedule shall lapse, unless Nucleus Connect is separately providing Co-location Services to the Contracting QP at the time of being taken over by the Licensee. Any loss occasioned to the Licensee at the time of vacating the licensed premises on account of inapt handling of its goods/articles/belongings/installations/fixtures/furniture/furnishings and any other thing, which the Licensee may claim as belonging to it, or on any other count shall neither be attributable to, nor recoverable from the Licensor. 6.8.3. If the Licensee fails to vacate the Licensed Premises and remove its equipment and all other belongings from the Licensed Premises within 15 days or within such additional time that may be granted by the Licensor on its sole discretion on Licensee’s request in writing after coming to an end of the present Leave & License Agreement, whether by efflux of time, termination or determination thereof at an earlier date, the Licensee in which case this Service Schedule shall become liable to compensate the Licensor for concomitant/resultant illegal and unauthorized occupation of the subject premises for the entire period during which the Licensee continues to occupy the subject premises, notwithstanding the fact that consequent upon cessation of the Leave & License Agreement, the Licensee stood prevented from entering in and operating from the subject premises. The Licensee shall stand liable to compensate the Licensor for such illegal and unauthorized occupation of the licensed premises by paying mesne profits for the loss of revenue accruing to the Licensor resulting from its inability to rent out the licensed/subject premises against License Fee to other interested start-ups/business entities etc. having been prevented to do so by the Licensee on account of the aforesaid illegal occupation of the Licensed Premises. The mesne profits payable thus, to the Licensor shall be @ 150% per month of the monthly License Fee paid by the Licensee in terms of the present Leave & License Agreement for such entire period of time during which the Licensee continues to remain in illegal and unauthorized occupation of the subject/licensed premisesforce.