Common use of Effect of Termination and Post Termination Clause in Contracts

Effect of Termination and Post Termination. Upon expiration or termination of this Agreement, or an Order, for any reason: (a) any amounts owed to NetBrain under this Agreement prior to such expiration or termination shall be immediately due and payable; (b) all License rights granted in this Agreement shall immediately terminate; (c) Customer, its Affiliates, and any third party agents will return, delete, or destroy all copies of the Programs, Documentation, and any NetBrain Confidential Information in its or their possession or control, and certify in writing to NetBrain that each has fully complied with these requirements; and (d) if this Agreement is terminated due to Customer’s uncured breach, or cancelled early by Customer for any reason, Customer shall pay NetBrain, as a cancellation fee and not as a penalty, an amount equal to the sum of any unpaid fees for the remainder of the Initial Maintenance and Support Period or the then-current Renewal Maintenance and Support Period (as applicable) for any and all so terminated Order(s).

Effect of Termination and Post Termination. Upon expiration or termination of this Agreement, or an Order, for any reason: (a) any amounts owed to NetBrain under this Agreement prior to such expiration or termination shall be immediately due and payable; (b) all License rights granted in this Agreement shall immediately terminate; (c) Customer, its Affiliates, and any third party agents will return, delete, or destroy all copies of the Programs, Documentation, and any NetBrain Confidential Information in its or their possession or control, and certify in writing to NetBrain that each has fully complied with these requirements; and (d) if this Agreement is terminated due to Customer’s uncured breach, or cancelled early by Customer for any reason, Customer shall pay NetBrain, as a cancellation fee and not as a penalty, an amount equal to the sum of any unpaid fees for the remainder of the Initial Maintenance and Support Subscription Period or the then-then- current Renewal Maintenance and Support Subscription Period (as applicable) for any and all so terminated Order(s).