Common use of DISCHARGE PERIOD Clause in Contracts

DISCHARGE PERIOD. The discharge period runs from the date of the notification of termination without cause, cancellation or termination for breach until the Agreement comes to an end (including any extension pursuant to clause 4.4). In addition, the Customer shall have a right to follow-up assistance for up to sixty (60) calendar days after the maintenance services have been established at a new contractor or the Customer itself, even where this is after when the Agreement otherwise comes to an end. The maintenance services shall remain fully adequate during the discharge period, irrespective of the reason why the Agreement has come to an end. Upon discharge of the Agreement, irrespective of the reason therefore, the Contractor shall, as part of the deliverables, make available the necessary services during the discharge period and cooperate with any new contractor, in order that necessary actions may be carried out with the minimum possible interruption to the Customer's activities. The Contractor is also obliged to contribute to the necessary transfer of expertise to the new maintenance contractor, taking the nature of the services into account. The Contractor shall not have an obligation to assist with the transfer of basic skills or with the transfer of expertise linked to the Contractor's business secrets. The Customer shall prepare a progress plan for the discharge period called the "discharge plan". The Customer may allow a new contractor to produce such a plan on behalf of the Customer. The Contractor shall, without undue delay, contribute the information and expertise necessary to ensure the Customer is able to prepare the plan, including proposing specific activities that are necessary on the part of the Contractor, the time frame for these, and otherwise describing the cooperation required between the Contractor and the Customer upon discharge of the Agreement. Furthermore, the Contractor shall make sure that the Customer is given access, without undue delay, to any information the Customer requires from any of the Contractor's subcontractors. The Contractor shall assist the Customer in connection with the preparations for the conclusion of a new agreement, and shall provide such information as is necessary in connection with such preparations. The Contractor shall, without undue delay, supplement and update the maintenance documentation and, without undue delay, transfer to the Customer all the data and materials that the Contractor has in its possession and that belong to the Customer. The Customer shall pay a consideration for the deliverables mentioned under this clause pursuant to the Contractor’s hourly rates as stipulated in Appendix 7 or, alternatively, pursuant to special prices applicable to such services as specified in Appendix 7. Nevertheless, the Customer shall not pay such a consideration if the Agreement is terminated due to a material breach of contract on the part of the Contractor. For the purposes of facilitating the potential sanctioning of inadequate deliveries in connection with the discharge of the Agreement, the Customer shall be entitled to withhold an amount corresponding to one (1) month's consideration for up to two (2) months after the Agreement comes to an end.

DISCHARGE PERIOD. ‌ The discharge period runs from the date of the notification of termination without cause, cancellation or termination for breach until the Agreement comes to an end (including any extension pursuant to clause 4.4). In addition, the Customer shall have a right to follow-up assistance for up to sixty (60) calendar days after the maintenance services have been established at a new contractor or the Customer itself, even where this is after when the Agreement otherwise comes to an end. The maintenance services shall remain fully adequate during the discharge period, irrespective of the reason why the Agreement has come to an end. Upon discharge of the Agreement, irrespective of the reason therefore, the Contractor shall, as part of the deliverables, make available the necessary services during the discharge period and cooperate with any new contractor, in order that necessary actions may be carried out with the minimum possible interruption to the Customer's activities. The Contractor is also obliged to contribute to the necessary transfer of expertise to the new maintenance contractor, taking the nature of the services into account. The Contractor shall not have an obligation to assist with the transfer of basic skills or with the transfer of expertise linked to the Contractor's business secrets. The Customer shall prepare a progress plan for the discharge period called the "discharge plan". The Customer may allow a new contractor to produce such a plan on behalf of the Customer. The Contractor shall, without undue delay, contribute the information and expertise necessary to ensure the Customer is able to prepare the plan, including proposing specific activities that are necessary on the part of the Contractor, the time frame for these, and otherwise describing the cooperation required between the Contractor and the Customer upon discharge of the Agreement. Furthermore, the Contractor shall make sure that the Customer is given access, without undue delay, to any information the Customer requires from any of the Contractor's subcontractors. The Contractor shall assist the Customer in connection with the preparations for the conclusion of a new agreement, and shall provide such information as is necessary in connection with such preparations. The Contractor shall, without undue delay, supplement and update the maintenance documentation and, without undue delay, transfer to the Customer all the data and materials that the Contractor has in its possession and that belong to the Customer. The Customer shall pay a consideration for the deliverables mentioned under this clause pursuant to the Contractor’s hourly rates as stipulated in Appendix 7 or, alternatively, pursuant to special prices applicable to such services as specified in Appendix 7. Nevertheless, the Customer shall not pay such a consideration if the Agreement is terminated due to a material breach of contract on the part of the Contractor. For the purposes of facilitating the potential sanctioning of inadequate deliveries in connection with the discharge of the Agreement, the Customer shall be entitled to withhold an amount corresponding to one (1) month's consideration for up to two (2) months after the Agreement comes to an end.