Other Effects of Termination; Damages; Cap. (a) It is understood and agreed by the parties that, in the event Martek fails to perform any obligation or covenant or otherwise breaches any term of this Restated Agreement or if DSM exercises any right it may have to terminate this Restated Agreement pursuant to Section 9.2(a) or Section 9.2(b), DSM shall be entitled to damages sufficient to place DSM in as good a position as it would have been in if there had been no breach or termination and this Restated Agreement had been fully performed, taking into consideration the net amount of losses caused and gains prevented, in excess of the savings made possible, by the breach or termination and, in calculating such damages as they relate to lost DSM Xxxx Up in the event DSM exercises any such right to terminate this Restated Agreement pursuant to Section 9.2(a) or Section 9.2(b), DSM’s damages based on sales it otherwise would have made to Martek and its Affiliates through December 31, 2023 shall be determined on the following basis:
Other Effects of Termination; Damages; Cap. (a) In the event that Martek has the right to terminate this Agreement pursuant to Section 9.2(a) or Section 9.2(b) and exercises such right, DSM covenants and agrees that neither it nor any of its Affiliates shall compete with Martek or any Martek Affiliate in the Martek AXX Xxxxxx of Use until the earlier of the date three (3) years after the date of such termination and the fifteenth (15th) anniversary of the Effective Date.
