Common use of SETTLEMENT UPON TERMINATION FOR BREACH Clause in Contracts

SETTLEMENT UPON TERMINATION FOR BREACH. Upon the Agreement being terminated during the establishment phase for breach by the Contractor, the Customer may claim the repayment of all amounts paid, with the addition of interest, at the NIBOR rate plus one (1) percent, as of the date on which payment was made. Upon termination for breach during regular operation, the Contactor shall be entitled to consideration for deliverables that have been provided in a contractual manner prior to the date of termination for breach. If the breach of contract is of such a nature that the Customer has derived little or no benefit from the deliverables provided by the Contractor, the Customer may, in connection with termination for breach, choose to request the repayment of any consideration received by the Contractor under the Agreement, with the addition of interest, at the NIBOR rate plus one (1) percent, as of the date on which payment was made. The Customer shall be entitled, if necessary for the activities of the Customer, to utilise the operational services as agreed also after the termination for breach, but shall as soon as possible find an alternative solution to replace the deliverables provided by the Contractor. If the termination for breach was caused by breach of contract on the part of the Customer, the Contractor may make continued utilisation conditional upon the Customer providing satisfactory collateral. If requested by the Contractor, all systems and all materials owned by the Contractor, 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 en 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 Agreement being terminated during Customer in relation to the establishment phase delivered items shall lapse upon termination for breach by breach, subject to the Contractor, the extensions and exceptions set out below. The Customer may claim the repayment of all amounts any consideration paid, with the addition of interest, interest at the NIBOR rate plus one (1) percent, as of percent from the date on which payment was made. Upon termination for breach during regular operation, The Contractor may claim a deduction in respect of the Contactor shall be entitled to consideration for value of any use the Customer may have had of the deliverables that have been provided in a contractual manner prior and subsequent to the date of termination for breach. If the breach of contract is of such a nature that the Customer has derived little or no benefit from the deliverables provided by the Contractor, the Customer may, in connection with termination for breach, choose to request the repayment of any consideration received by the Contractor under the Agreement, with the addition of interest, at the NIBOR rate plus one (1) percent, as of the date on which payment was made. The Customer shall be entitled, if necessary for the activities of the Customer, to utilise the operational services deliverables as agreed also after the termination for breach, but shall as soon as possible find an alternative solution to replace the deliverables provided by the Contractordelivered items. If the termination for breach was caused by is due to breach of contract on the part of the Customer, the Contractor may make continued utilisation conditional upon the Customer providing satisfactory collateral. If When the rights of the Customer in relation to the delivered items lapse, and if requested by the Contractor, all systems equipment and software and all materials owned by the Contractorother 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 en an impartial auditor stating that this has been done. In If the event of termination for is due to breach by the Customer, the fee of the auditor shall be paid by the Customer. Otherwise; otherwise, it shall be paid by the Contractor. If the Agreement covers customisations to which the Customer holds rights pursuant to Clause 10.2.3, the Customer may elect to keep and continue to utilise the customisations in return for paying the Contractor the agreed consideration for the work performed on the customisations.

SETTLEMENT UPON TERMINATION FOR BREACH. Upon the Agreement being terminated during the establishment phase for breach by the Contractor, the Customer may claim the repayment of all amounts paid, with the addition of interest, at the NIBOR rate plus one (1) percentper cent, as of the date on which payment was made. If the termination takes place after the commencement date, the Contractor is entitled to retain the operating consideration for the period the operational services have been in regular use by the Customer, with the deduction of a price reduction in accordance with clause 11.5.3, second paragraph. Upon termination for breach during regular operation, the Contactor Contractor shall be entitled to consideration for deliverables that have been provided in a contractual manner prior to the date of termination for breach. If the breach of contract is of such a nature that the Customer has derived little or no benefit from the deliverables provided by the Contractor, the Customer may, in connection with termination for breach, choose to request the repayment of any consideration received by the Contractor under the Agreement, with the addition of interest, at the NIBOR rate plus one (1) percent, as of the date on which payment was made. The Customer shall be entitled, if necessary for the activities of the Customer, to utilise the operational services as agreed also after the termination for breach, but shall as soon as possible find an alternative solution to replace the deliverables provided by the Contractor. If the termination for breach was caused by breach of contract on the part of the Customer, the Contractor may make continued utilisation conditional upon the Customer providing satisfactory collateral. Clauses 4.4-4.5 on extension, discharge or transfer of the Agreement, etc., shall apply in the event of termination for breach. If requested by the Contractor, all systems and all materials owned by the Contractor, 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 en 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.