Consequences of termination or expiry. 27.1 Notwithstanding the provisions of Clause 23, wherever the Authority chooses to put out to tender for a replacement service provider some or all of the Services, the Service Provider shall disclose to tenderers such information concerning the Services as the Authority may require for the purposes of such tender. The Service Provider may impose upon any recipient of such information such obligations of confidentiality as it may require.
27.2 The termination or expiry of the Contract shall not prejudice or affect any right, power or remedy which has accrued or shall accrue to either Party prior to or after such termination or expiry.
27.3 Upon expiry or termination of the Contract (howsoever caused):
27.3.1 the Service Provider shall, at no further cost to the Authority:
27.3.1.1 take all such steps as shall be necessary to agree with the Authority a plan for the orderly handover of Services to the Authority (or its nominee), such that the Services can be carried on with the minimum of interruption and inconvenience to the Authority and to effect such handover; and
27.3.1.2 on receipt of the Authority’s written instructions to do so (but not otherwise), arrange to remove all electronically held information by a mutually agreed date, including the purging of all disk-based information and the reformatting of all disks.
27.3.2 the Authority shall (subject to Clauses 17, 27.1 and 27.4 and the provisions of any security for due performance supplied by the Service Provider) pay the Service Provider any Charges remaining due in relation to any Services properly performed in accordance with the Contract up to the date of termination or expiry calculated so far as is possible in accordance with Schedule 4 or otherwise reasonably determined by the Authority.
27.4 On termination of the Contract under Clause 26.1 or a cessation of any Services under Clause 26.4 (but in the case of the latter only insofar as the right to cease any Services arises as a result of a right for the Authority to terminate under Clause 26.1), the Authority may enter into any agreement with any third party or parties as the Authority thinks fit to provide any or all of the Services and the Service Provider shall be liable for all additional expenditure reasonably incurred by the Authority in having such services carried out and all other costs and damages reasonably incurred by the Authority in consequence of such termination. The Authority may deduct such costs from the Charges or otherwis...
Consequences of termination or expiry. Where requested by the other Party, on termination or expiry of this Agreement each Party shall delete or return Confidential Information provided by the other Party for the purpose of the Agreement.
Consequences of termination or expiry.
(a) The University shall be entitled to recover all losses and costs whatsoever that arise from termination of this Agreement pursuant to clause 9((b)), clause 10 or clause 11.
(b) The Occupant agrees that if:
(i) the University terminates this Agreement in accordance with clause 9((b));
(ii) they permanently vacate the Room prior to the Termination Date (notwithstanding the notice provided in clause 10(a); or
(iii) the University terminates this Agreement for Default pursuant to clause 11, the Occupant will remain liable to pay the Occupancy Fee until the earlier of:
(iv) the Termination Date; or
(v) the date that the University enters into a replacement Occupancy Agreement for the Room.
(c) Where this Agreement has been terminated for any reason prior to the Termination Date, the University will make reasonable endeavours to locate another occupant that is acceptable to the University to occupy the Room.
(d) The Occupant agrees that an Early Termination Fee and other administration charges associated with early vacation of the Room will be paid prior to the Occupant’s departure as described at: xxxx://xxx.xxx.xxx.xx/xxxxx/xxxxxxxxxxxxx/xxxxxx-xxxxxxxxxx/xxxxxxxxxxxxx-xxxx
(e) Upon expiry or termination of this Agreement for whatever cause, the University may remove any fixtures, fittings and/or the Occupant’s personal property from the Room and store the same at the expense of the Occupant without being deemed conversion or becoming liable for any loss or damage in relation to removing and storying the Occupant’s personal property.
(f) Any notice required under this Agreement shall be sufficiently served on the Occupant by:
(i) personal service; or
(ii) by mailing any notice to the Occupant’s last known place of residence; or
(iii) by email.
Consequences of termination or expiry a. Termination or expiry of this Agreement does not affect either party’s rights and obligations accrued before that termination or expiry.
b. On termination or expiry of this Agreement, you must pay all Fees for the rights and Services provided prior to that termination or expiry.
c. Each party must, at the other party’s request following the termination or expiry of this Agreement, return to the other party or destroy all Confidential Information of the other party that is in the first party’s possession or control.
Consequences of termination or expiry. Unless otherwise agreed, on expiry or termination of this Agreement each Party shall within two (2) months remove and return to the other Party any equipment at its Site(s) provided by the other Party for the purpose of the Agreement. Should the Provider fail to return such equipment the Company may enter the Provider’s Site and recover the same and the Provider shall allow the Company reasonable access to do so, in which case the Provider shall reimburse to the Company the reasonable costs incurred by the Company.
Consequences of termination or expiry. 30.1 On the expiry of the Term or if this agreement is terminated in whole or in part for any reason, the provisions of the Exit Management Plan shall come into effect and the Supplier shall co- operate fully with the Authority to ensure an orderly migration of the Services to the Authority or, at the Authority’s request, a Replacement Supplier.
30.2 On termination or expiry of this agreement the Supplier shall procure that all data and other material belonging to the Authority (and all media of any nature containing information and data belonging to the Authority or relating to the Services), shall be delivered to the Authority forthwith and the Supplier shall certify full compliance with this clause.
30.3 Any provision of this agreement that expressly or by implication is intended to come into or continue force on or after termination or expiry, including clause 19 (Indemnities), clause 20 (Limitation of Liability), Clause 21 (Insurance), Clause 22(Freedom of Information), Clause 23 (Data Protection), Clause 24 (Confidentiality), Clause 25 (Audit), Clause 27 (Termination for Breach) and this Clause 30 (Consequences of termination), shall remain in full force and effect.
30.4 Termination or expiry of this agreement shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the agreement which existed at or before the Termination Date.
Consequences of termination or expiry. Where requested by the other Party, on termination or expiry of this Agreement each Party shall delete or return Confidential Information provided by the other Party for the purpose of the Agreement. Following termination or expiry of this Agreement, the Provider shall promptly at the Provider’s cost: deliver to the Company for approval a final invoice detailing all monies due to it under the Agreement; submit to the Company within thirty (30) Business Days all invoices with supporting documents for payment of all outstanding sums in connection with the provision of the Flexibility Services.
Consequences of termination or expiry. Following the service of notice terminating this Contract by:
Consequences of termination or expiry. 8.3.1 The Licensee agrees that termination or expiry of this Agreement for any reason shall not absolve the Licensee’s obligations to pay Patents costs subject to Clause 6.1 of this Agreement where such costs are in respect of a period prior to the date of termination.
8.3.2 Upon termination or expiry of this Agreement for any reason:
8.3.2.1 otherwise than in accordance with Clause 8.1, the Licensee and its sub-licensees shall be entitled to sell, use or otherwise dispose of (subject to payment of royalties under Clause 4) any unsold or unused stocks of the Licensed Products for a period of 6 months following the date of termination;
8.3.2.2 the Licensee shall no longer be licensed to use or otherwise exploit in any way, either directly or indirectly, the Patents, in so far and for as long as any of the Patents remain in force;
8.3.2.3 the Licensee shall consent to the cancellation of any formal license granted to it, or of any registration of it in any register, in relation to any of the Patents; and
8.3.3 Subject as provided in these Clauses 8.3.1 and 8.3.2, and except in respect of any accrued rights, neither party shall be under any further obligation to the other.
8.3.4 Upon termination or expiry of this Agreement for any reason the provisions of clauses 2.4, 3.1 to 3.3, 4 (in respect of sales made or other income generated prior to termination or under clause 8.3.2.1), 6, 7.3, 7.4, 8, 10.8, 10.9 and 10.13 shall remain in force.
Consequences of termination or expiry. D6.1 Subject to Clauses D6.2 and D6.3, where the Council terminates the Contract in whole or in part, the Council shall be liable to pay to the Contractor only such elements of the Contract Price, if any, that have been properly incurred or accrued in accordance with the Contract or the affected part of the Contract prior to the time of termination provided that the Contractor evidences the same to the satisfaction of the Council. If the termination or partial termination is not immediate then the Contractor shall take all reasonable steps to mitigate any such costs. Where the Contractor holds insurance, the Contractor shall reduce its unavoidable costs by any insurance sums available.
D6.2 The Council shall not be liable under Clause D6.1 to pay any sum that:
a) was claimable under insurance held by the Contractor, and the Contractor has failed to make a claim on its insurance, or has failed to make a claim in accordance with the procedural requirements of the insurance policy; or
b) when added to any sums paid or due to the Contractor under the Contract, exceeds the total sum that would have been payable to the Contractor if the Contract had not been terminated before the expiry of the Contract Period.
D6.3 The Council shall:
a) be entitled to recover from the Contractor (or its representative as the case may be) such elements of the Contract Price, if any, that have been paid in advance for Services that have not been delivered at the date of termination;
b) be entitled to recover from the Contractor as a debt the cost reasonably incurred of making other arrangements, including those associated with appointing a Replacement Contractor, and any additional expenditure incurred by the Council throughout the remainder of the Contract Period provided that the Council shall take all reasonable steps to mitigate such additional expenditure;
c) not be obliged to make any further payments to the Contractor until the Council has established the final cost of making any alternative arrangements or appointing a Replacement Contractor (if applicable);
d) include costs associated with the time spent by its officers in terminating the Contract and making alternative arrangements for the supply of Services or any part of them when assessing the costs;
e) in the event that any sum of money owed by the Contractor to the Council exceeds any sum of money owed by the Council to the Contractor under this Contract then the Council shall, at its sole discretion, be entitled to...
