Common use of POST TERMINATION PAYMENTS AND MATTERS Clause in Contracts

POST TERMINATION PAYMENTS AND MATTERS. 5.1 All payment obligations herein shall survive the happening of any event causing termination of this Agreement until all amounts due hereunder have been paid. 5.2 Termination of this Agreement for whatever reason shall be without prejudice to the rights, obligations and liabilities of either party or Affiliates, then accrued or due at the date of termination, nor shall termination affect the coming into force or the continuation in force of any provision of this Agreement which is expressly or by implication intended to come into or continue in force at or after termination. 5.3 Upon termination of this Agreement, TBIS or Firms shall be entitled to continued use of any hardware and equipment that were used prior to the date of termination of this Agreement for a further 240 days (or such other period as the parties may agree) upon the terms and conditions set forth herein (including the payment terms in Schedule 3) provided that: (1) where such hardware and equipment is supplied by an Affiliate or Third Party, termination of the relevant agreement or arrangement has not taken place and, without prejudice to eSpeed’s rights under clause 4.2.3 to terminate such agreement or arrangement, and (2) eSpeed shall not be required to repair or replace any such hardware or equipment and (3) TBIS exercises reasonable endeavours to locate and contract with an alternative supplier of such software and hardware. 5.4 Upon the reasonable request of TBIS and upon termination of the Agreement or a particular Service pursuant to clause 4, so far as it is practicable, eSpeed shall provide TBIS and/or Firms with any and all data, information or Records generated with respect to the Services in a format usable by TBIS and/or Firms. TBIS shall pay the cost, if any, of the provision of such data and information and of converting such data or information into the appropriate format. 5.5 The parties shall use reasonable endeavours to ensure that any termination of this Agreement or any termination of a Service provided by eSpeed shall not detrimentally affect the continuity and quality of the provision of the Services to the Firms’ clients.

POST TERMINATION PAYMENTS AND MATTERS. 5.1 15.1 All payment obligations herein shall survive the happening of any event causing termination of this Agreement until all amounts due hereunder have been paid. 5.2 15.2 Termination of this Agreement for whatever reason shall be without prejudice to the rights, obligations and liabilities of either party or Affiliates, then accrued or due at the date of termination, nor shall termination affect the coming into force or the continuation in force of any provision of this Agreement which is expressly or by implication intended to come into or continue in force at or after termination. 5.3 15.3 Upon termination of this Agreement, TBIS or Firms the Services Recipient shall be entitled to continued use of any hardware and equipment that were it used prior to the date of termination of this Agreement for a further 240 days (or such other period as the parties may agree) upon the terms and conditions set forth herein (including the payment terms in Schedule 3) provided that: (1) where such hardware and equipment is supplied by an Affiliate or Third Party, termination of the relevant agreement or arrangement has not taken place and, without prejudice to eSpeedthe Services Provider’s rights under clause 4.2.3 2.2.3 to terminate such agreement or arrangement, and (2) eSpeed the Services Provider shall not be required to repair or replace any such hardware or equipment and (3) TBIS the Services Recipient exercises reasonable endeavours to locate and contract with an alternative supplier of such software and hardware. 5.4 15.4 Upon the reasonable request of TBIS the Services Recipient and upon termination of the Agreement or a particular Service pursuant to clause 42, so far as it is practicable, eSpeed the Services Provider shall provide TBIS and/or Firms the Services Recipient with any and all data, information or Records generated with respect to the Services in a format usable by TBIS and/or Firmsthe Services Recipient. TBIS The Services Recipient shall pay the cost, if any, of the provision of such data and information and of converting such data or information into the appropriate format. 5.5 15.5 The parties shall use reasonable endeavours to ensure that any termination of this Agreement or any termination of a Service provided by eSpeed the Services Provider shall not detrimentally affect the continuity and quality of the provision of the Services to the Firms’ Services Recipient’s clients.

POST TERMINATION PAYMENTS AND MATTERS. 5.1 All payment obligations herein shall survive the happening of any event causing termination of this Agreement until all amounts due hereunder have been paid. 5.2 Termination of this Agreement for whatever reason shall be without prejudice to the rights, obligations and liabilities of either party or Affiliates, then accrued or due at the date of termination, nor shall termination affect the coming into force or the continuation in force of any provision of this Agreement which is expressly or by implication intended to come into or continue in force at or after termination. 5.3 Upon termination of this Agreement, TBIS or Firms shall be entitled to continued use of any hardware and equipment that were used prior to the date of termination of this Agreement for a further 240 days (or such other period as the parties may agree) upon the terms and conditions set forth herein (including the payment terms in Schedule 3) provided that: (1) where such hardware and equipment is supplied by an Affiliate or Third Party, termination of the relevant agreement or arrangement has not taken place and, without prejudice to eSpeedBGCI’s rights under clause 4.2.3 to terminate such agreement or arrangement, and (2) eSpeed BGCI shall not be required to repair or replace any such hardware or equipment and (3) TBIS exercises reasonable endeavours to locate and contract with an alternative supplier of such software and hardware. 5.4 Upon the reasonable request of TBIS and upon termination of the Agreement or a particular Service pursuant to clause 4, so far as it is practicable, eSpeed BGCI shall provide TBIS and/or Firms with any and all data, information or Records generated with respect to the Services in a format usable by TBIS and/or Firms. TBIS shall pay the cost, if any, of the provision of such data and information and of converting such data or information into the appropriate format. 5.5 The parties shall use reasonable endeavours to ensure that any termination of this Agreement or any termination of a Service provided by eSpeed BGCI shall not detrimentally affect the continuity and quality of the provision of the Services to the Firms’ clients.