Common use of SETTLEMENT UPON TERMINATION FOR BREACH Clause in Contracts

SETTLEMENT UPON TERMINATION FOR BREACH. Upon termination for breach, the Customer shall have the rights stipulated in chapter 10 to what has been produced and made available to the Customer, and the Customer shall pay the agreed consideration for the deliverables that were performed prior to the date of the termination for breach with the deduction of a price reduction in accordance with clause 11.5.3. Clause 2.6.4 concerning the handover of material shall apply correspondingly. If the deliverables rendered prior to the termination date are of such a nature that the Customer has gained little or no benefit from the deliverables rendered on the termination date and cannot reasonably expect to complete the deliverables with the assistance of another contractor, the Customer may, in connection with termination for breach, choose to demand the repayment of consideration received by the Contractor under the Agreement, with the addition of interest, at the rate of NIBOR plus one (1) per cent, as from the date on which payment was made. In this circumstance, chapter 10 shall not apply. When the rights of the Customer in relation to what has been made available to the Customer lapse, and if requested by the Contractor, equipment and software and all other materials, whether in an electronic or other format, and irrespective of the medium, shall be handed back or deleted or destroyed in a proper manner. The Contractor may request confirmation from an impartial auditor stating that this has been done. In the event of termination for breach by the Customer, the fee of the auditor shall be paid by the Customer, otherwise it shall be paid by the Contractor.

SETTLEMENT UPON TERMINATION FOR BREACH. Upon The rights of the Customer in relation to the deliverables shall lapse upon termination for breach, the Customer shall have the rights stipulated in chapter 10 to what has been produced and made available subject to the Customer, extensions and the exceptions set out below. The Customer shall pay the agreed consideration for the deliverables that were performed prior to the date of the termination for breach with the deduction of a price reduction in accordance with clause 11.5.3. Clause 2.6.4 concerning the handover of material shall apply correspondingly. If the deliverables rendered prior to the termination date are of such a nature that the Customer has gained little or no benefit from the deliverables rendered on the termination date and cannot reasonably expect to complete the deliverables with the assistance of another contractor, the Customer may, in connection with termination for breach, choose to demand may claim the repayment of any consideration received by the Contractor under the Agreementpaid, with the addition of interest, at the NIBOR rate of NIBOR plus one (1) per centpercent, as from of the date on which payment was made. In this circumstanceThe Contractor may claim a deduction in respect of the value of any use the Customer may have had of the deliverables prior and subsequent to the termination for breach. The Customer shall be entitled, chapter 10 if necessary for the activities of the Customer, to utilise the deliverables as agreed also after the termination for breach, but shall not applyas soon as possible find an alternative solution to replace the deliverables. If the termination for breach was caused by a breach of contract on the part of the Customer, the Contractor may make continued utilisation conditional upon the Customer providing satisfactory collateral. When the rights of the Customer in relation to what has been made available to the Customer deliverables lapse, and if requested by the Contractor, equipment and software and all other materials, whether in an electronic or other format, and irrespective of the medium, shall be handed back or deleted or destroyed in a proper manner. The Contractor may request confirmation from an impartial auditor stating that this has been done. In the event of termination for breach by the Customer, the fee of the auditor shall be paid by the Customer, otherwise it shall be paid by the Contractor. As far as customisations to which the Customer holds rights pursuant to Clause 10.2 are concerned, the Customer may elect to keep and continue to utilise the customisations in return for paying the Contractor the agreed consideration for the work contractually performed on the customisations.

SETTLEMENT UPON TERMINATION FOR BREACH. ‌ Upon termination for breach, the Customer shall have the rights stipulated in chapter 10 to what has been produced and made available to the Customer, and the Customer shall pay the agreed consideration for the deliverables that were performed prior to the date of the termination for breach with the deduction of a price reduction in accordance with clause 11.5.3. Clause 2.6.4 concerning the handover of material shall apply correspondingly. If the deliverables rendered prior to the termination date are of such a nature that the Customer has gained little or no benefit from the deliverables rendered on the termination date and cannot reasonably expect to complete the deliverables with the assistance of another contractor, the Customer may, in connection with termination for breach, choose to demand the repayment of consideration received by the Contractor under the Agreement, with the addition of interest, at the rate of NIBOR plus one (1) per cent, as from the date on which payment was made. In this circumstance, chapter 10 shall not apply. When the rights of the Customer in relation to what has been made available to the Customer lapse, and if requested by the Contractor, equipment and software and all other materials, whether in an electronic or other format, and irrespective of the medium, shall be handed back or deleted or destroyed in a proper manner. The Contractor may request confirmation from an impartial auditor stating that this has been done. In the event of termination for breach by the Customer, the fee of the auditor shall be paid by the Customer, otherwise it shall be paid by the Contractor.

SETTLEMENT UPON TERMINATION FOR BREACH. ‌ Upon termination for breach, the Customer shall have the rights stipulated in chapter 10 to what has been produced and made available to the Customer, and the Customer shall pay the agreed consideration for the deliverables that were performed prior to the date of the termination for breach with the deduction of a price reduction in accordance with clause 11.5.3. Clause 2.6.4 2.7.4 concerning the handover handing over of material shall apply correspondingly. If the deliverables rendered prior to the termination date are of such a nature that the Customer has gained little or no benefit from the deliverables rendered on the termination date and cannot reasonably expect to complete the deliverables with the assistance of another contractor, the Customer may, in connection with termination for breach, choose to demand the repayment of consideration received by the Contractor under the Agreement, with the addition of interest, at the rate of NIBOR plus one (1) per cent, as from the date on which payment was made. In this circumstance, chapter 10 shall not apply. When the rights of the Customer in relation to what has been made available to the Customer lapse, and if requested by the Contractor, equipment and software Software and all other materials, whether in an electronic or other format, and irrespective of the medium, shall be handed back or deleted or destroyed in a proper manner. The Contractor may request confirmation from an impartial auditor stating that this has been done. In the event of termination for breach by the Customer, the fee of the auditor shall be paid by the Customer, otherwise it shall be paid by the Contractor.

SETTLEMENT UPON TERMINATION FOR BREACH. Upon termination for breach, the Customer shall have the rights stipulated in chapter 10 to what has been produced and made available to the Customer, and the Customer shall pay the agreed consideration for the deliverables that were performed prior to the date of the termination for breach with the deduction of a price reduction in accordance with clause 11.5.3. Clause 2.6.4 2.7.4 concerning the handover handing over of material shall apply correspondingly. If the deliverables rendered prior to the termination date are of such a nature that the Customer has gained little or no benefit from the deliverables rendered on the termination date and cannot reasonably expect to complete the deliverables with the assistance of another contractor, the Customer may, in connection with termination for breach, choose to demand the repayment of consideration received by the Contractor under the Agreement, with the addition of interest, at the rate of NIBOR plus one (1) per cent, as from the date on which payment was made. In this circumstance, chapter 10 shall not apply. When the rights of the Customer in relation to what has been made available to the Customer lapse, and if requested by the Contractor, equipment and software Software and all other materials, whether in an electronic or other format, and irrespective of the medium, shall be handed back or deleted or destroyed in a proper manner. The Contractor may request confirmation from an impartial auditor stating that this has been done. In the event of termination for breach by the Customer, the fee of the auditor shall be paid by the Customer, otherwise it shall be paid by the Contractor.