Common use of Effect of Termination by Either Party Clause in Contracts

Effect of Termination by Either Party. On or before termination of this Agreement or any Order for any reason other than Termination upon Expiration in Section 5(a) or Termination for Cause in Section 5(b) by Customer, Customer shall remove all of Customer’s equipment and shall immediately pay to Element Critical (i) Fees for all Services provided through the date of termination and (ii) if termination is due to breach by the Customer, 100% of the Fees Customer would have had to pay through the end of the Order Term for all terminated Orders. Customer agrees to pay all amounts owing on or before the termination date. Rights and obligations which by their nature continue after the termination or expiration of this Agreement, including, but not limited to, those found in Sections 4, 5, 6, 7 and 8, shall survive and continue after the termination or expiration of this Agreement, and shall bind the parties, their successors, heirs and permitted assigns.