Exit Management. 58.1. The Service Provider shall perform its relevant Exit Management obligations as part of the Contract whether applicable on either the expiry or early termination of this Contract.
58.2. The Service Provider agrees that if it breaches (or attempts or threatens to breach) its obligation to provide Exit Management, the Purchaser and their respective customers and stakeholders shall be irreparably harmed. In such circumstance, the Service Provider agrees that the Purchaser may proceed directly to court notwithstanding anything to the contrary in the dispute resolution procedure outlined in Clause 53 (Dispute Resolution). If a court of competent jurisdiction finds that the Service Provider has breached (or attempted or threatened to breach) any such obligation, the Service Provider agrees that without any additional findings of irreparable injury, or other conditions to interdict, the Service Provider shall not oppose the entry of an appropriate order compelling performance by the Service Provider and restraining the Service Provider from any further breaches or attempted or threatened breaches of its obligations in relation to Exit Management.
58.3. A draft of the Exit Plan shall be produced by the Service Provider and supplied to the Purchaser within [three (3) months] after the Commencement Date and shall include or address the matters specified in Clause 59.3. The Purchaser shall provide to the Service Provider the Purchaser’s comments on the plan within one (1) month of the Purchaser’s receipt of the plan. The Service Provider shall take into account the comments and suggestions of the Purchaser and shall issue the final version of the Exit Plan to the Purchaser within ten (10) Working Days of receipt of the Authority’s comments.
58.4. The Service Provider shall throughout the period of the Contract review, maintain and continuously update the Exit Plan which shall include:
58.4.1. the activities required to enable the Purchaser to re-tender the Purchaser Requirements and/or the provision of the Services;
58.4.2. the activities necessary to support any Replacement Service Provider or the Purchaser in carrying out any necessary due diligence relating to all or part of the Services;
58.4.3. details of the Exit Management to be provided by the Service Provider prior to the Exit Management Date;
58.4.4. support for the Replacement Service Provider or the Purchaser during their preparation of any relevant plan for the transition of the System to the Replac...
Exit Management. The Contractor shall perform its relevant Exit Management obligations as part of the Framework whether applicable on either the expiry or early termination of this Agreement.
44.1. The Contractor agrees that if it breaches (or attempts or threatens to breach) its obligation to provide Exit Management, the Authority and their respective customers and stakeholders shall be irreparably harmed. In such circumstance, the Contractor agrees that the Authority may proceed directly to court notwithstanding anything to the contrary in the dispute resolution procedure outlined in Clause 37 (Dispute Resolution). If a court of competent jurisdiction finds that the Contractor has breached (or attempted or threatened to breach) any such obligation, the Contractor agrees that without any additional findings of irreparable injury, or other conditions to interdict, the Contractor shall not oppose the entry of an appropriate order compelling performance by the Contractor and restraining the Contractor from any further breaches or attempted or threatened breaches of its obligations in relation to Exit Management.
44.2. A draft of the Exit Plan shall be produced by the Contractor and supplied to the Authority within three (3) months of the Commencement Date and shall include or address the matters specified in Clause 44.3. The Authority shall provide to the Contractor the Authority’s comments on the plan within one (1) month of the Authority’s receipt of the plan. The Contractor shall take into account the comments and suggestions of the Authority and shall issue the final version of the Exit Plan to the Authority within ten (10) Working Days of receipt of the Authority’s comments.
44.3. The Contractor shall throughout the period of the Agreement review, maintain and continuously update the Exit Plan which shall include:
44.3.1. the activities required to enable the Authority to re-tender the Authority Requirements and/or the provision of the Goods and related services;
44.3.2. the activities necessary to support any Replacement Contractor or the Authority in carrying out any necessary due diligence relating to all or part of the Goods and related services;
44.3.3. details of the Exit Management to be provided by the Contractor prior to the Exit Management Date;
44.3.4. support for the Replacement Contractor or the Authority during their preparation of any relevant plan for the transition of the System to the Replacement Contractor or Authority, including prior to and during s...
Exit Management. The Parties shall comply with the exit management provisions set out in Call Off Schedule 10 (Exit Management).
Exit Management. The Parties shall comply with the provisions of Schedule 8.5 (Exit Management) and any current Exit Plan in relation to orderly transition of the Services to the Authority or a Replacement Supplier.
Exit Management. The Contractor shall perform its relevant Exit Management obligations as part of the Framework whether applicable on either the expiry or early termination of this Agreement.
44.1 The Contractor agrees that if it breaches (or attempts or threatens to breach) its obligation to provide Exit Management, the Framework Authority and their respective customers and stakeholders shall be irreparably harmed. In such circumstance, the Contractor agrees that the Framework Authority may proceed directly to court notwithstanding anything to the contrary in the dispute resolution procedure outlined in Clause 37 (Dispute Resolution). If a court of competent jurisdiction finds that the Contractor has breached (or attempted or threatened to breach) any such obligation, the Contractor agrees that without any additional findings of irreparable injury, or other conditions to interdict, the Contractor shall not oppose the entry of an appropriate order compelling performance by the Contractor and restraining the Contractor from any further breaches or attempted or threatened breaches of its obligations in relation to Exit Management.
44.2 A draft of the Exit Plan shall be produced by the Contractor and supplied to the Framework Authority within three (3) months of a written request from the Framework Authority and shall include or address the matters specified in Clause 44.
Exit Management. The Contractor shall perform its relevant Exit Management obligations as part of the Framework whether applicable on either the expiry or early termination of this Agreement.
Exit Management. 29.1. The Contractor will ensure an efficient migration of the Services to the Framework Public Bodies or other Contractors in accordance with the Exit Provisions of the Framework Terms and Conditions
29.2. The Contractor must also follow their own Exit Management policy as documented in Schedule 1b – Contractor Solution.
29.3. If Framework Public Bodies decide to terminate their contract, or part of their service, with the Contractor, the Contractor shall work with the Framework Public Bodies to determine a suitable exit plan which must include how data will be returned to the Framework Public Bodies and where appropriate destroyed from any other devices (e.g. storage, backups, etc.)
29.4. Should a new contractor be successful in being awarded a contract, during a call-off from this framework, the current contractor shall support the Framework Public Body to ensure a smooth transition to the successor of the call-off. This may involve enabling the services delivered via the current Call-off Contract to inter-operate with the successor services/contractor.
Exit Management. 18.1. In the event of this Agreement is terminated or expires for any reason,
18.1.1. in order to ensure that the disruption to GOtv and the GOtv customers are minimised, the SCP will continue to provide the Services as set out in this Agreement for the remainder of the notice period in question or such shorter period as determined by GOtv;
18.1.2. each Party will immediately cease any and all use of and where possible return any confidential information, Personal Data and/or Intellectual Property of the other Party which is in that Party’s possession or under its control, and where such return is not possible, to immediately delete, erase or destroy (and certify such deletion, erasure or destruction) of such information;
18.1.3. GOtv will pay the SCP the fees due and owing to the SCP for providing the Services until the date of termination; and
18.1.4. the SCP shall remit any fees received from GOtv customers and not yet remitted to GOtv as well as refund GOtv any fees received for Services not delivered within 14 (fourteen) calendar days of termination.
18.2. Except to the extent that GOtv, in its sole discretion, determines otherwise the SCP shall continue to perform the services and its other obligations in terms of this Agreement for the duration of any notice period.
Exit Management. 18.1. In the event of this Agreement is terminated or expires for any reason,
18.1.1. in order to ensure that the disruption to MultiChoice and the DStv customers are minimised, the SCP will continue to provide the Services as set out in this Agreement for the remainder of the notice period in question or such shorter period as determined by MultiChoice;
18.1.2. each Party will immediately cease any and all use of and where possible return any confidential information, Personal Data and/or Intellectual Property of the other Party which is in that Party’s possession or under its control, and where such return is not possible, to immediately delete, erase or destroy (and certify such deletion, erasure or destruction) of such information;
18.1.3. MultiChoice will pay the SCP the fees due and owing to the SCP for providing the Services until the date of termination; and
18.1.4. the SCP shall remit any fees received from DStv customers and not yet remitted to MultiChoice as well as refund MultiChoice any fees received for Services not delivered within 14 (fourteen) calendar days of termination.
18.2. Except to the extent that MultiChoice, in its sole discretion, determines otherwise the SCP shall continue to perform the services and its other obligations in terms of this Agreement for the duration of any notice period.
Exit Management a) Preamble
i. The word ‘parties’ include the procuring entity and the selected bidder.
ii. This Schedule sets out the provisions, which will apply on expiry or termination of the Project Implementation and Operations and Management of SLA.
iii. In the case of termination of the Project Implementation and/ or Operation and Management SLA due to illegality, the Parties shall agree at that time whether, and if so during what period, the provisions of this Schedule shall apply.
iv. The Parties shall ensure that their respective associated entities carry out their respective obligations set out in this Exit Management Schedule.
