Common use of Special Cases Clause in Contracts

Special Cases. In the case of emergency, or manifestly unlawful disturbance, or of imminent threat of damage, and regardless of the failure concerned: • the OP3FT can directly refer the matter to the relevant court in order to obtain a decision against the Operator to immediately remedy the contractual failure, • should the Operator fail to respect a court decision handed down against the Operator, and if the contractual failure continues, the OP3FT can terminate the Agreement without prior notice, and reserves the right to initiate legal proceedings in order to obtain remedy for the prejudice suffered. If the Operator’s contractual failure results from the application, by the Operator, of administrative or judicial decisions applicable to it, and if these decisions have consequences contrary to the founding principles defined in the OP3FT Bylaws, the OP3FT shall be entitled to terminate the Agreement as of right as from the date of application of these decisions. In the case where the Operator fails to pay the royalties, without just cause, and if the formal notice given in Article 910 of this Agreement remains without effect, the OP3FT shall be entitled to terminate the Agreement without having to give any other notice. In the case where the Operator’s failure arises from a procédure de liquidation judiciaire (liquidation procedure), the OP3FT shall be entitled to terminate the Agreement as of right. The Operator can, at its sole initiative, terminate the Agreement at any time subject to respecting a minimum notice period of 1 (one) year, without having to give any reason. This notice period can be reduced upon agreement thereto from the OP3FT, and subject to the OP3FT being able to find a new operator in order to ensure the stability and long-term existence of the addressing services provided to Internet users.

Special Cases. In the case of emergency, or manifestly unlawful disturbance, or of imminent threat of damage, and regardless of the failure concerned: • the OP3FT can directly refer the matter to the relevant court in order to obtain a decision against the Operator to immediately remedy the contractual failure, • should the Operator fail to respect a court decision handed down against the Operator, and if the contractual failure continues, the OP3FT can terminate the Agreement without prior notice, and reserves the right to initiate legal proceedings in order to obtain remedy for the prejudice suffered. If the Operator’s contractual failure results from the application, by the Operator, of administrative or judicial decisions applicable to it, and if these decisions have consequences contrary to the founding principles defined in the OP3FT Bylaws, the OP3FT shall be entitled to terminate the Agreement as of right as from the date of application of these decisions. In the case where the Operator fails to pay the royalties, without just cause, and if the formal notice given in Article 910 10 of this Agreement remains without effect, the OP3FT shall be entitled to terminate the Agreement without having to give any other notice. In the case where the Operator’s failure arises from a procédure de liquidation judiciaire (liquidation procedure), the OP3FT shall be entitled to terminate the Agreement as of right. The Operator can, at its sole initiative, terminate the Agreement at any time subject to respecting a minimum notice period of 1 (one) year, without having to give any reason. This notice period can be reduced upon agreement thereto from the OP3FT, and subject to the OP3FT being able to find a new operator in order to ensure the stability and long-term existence of the addressing services provided to Internet users.

Special Cases. In the case of emergency, or manifestly unlawful disturbance, or of imminent threat of damage, and regardless of the failure concerned: • the OP3FT can directly refer the matter to the relevant court in order to obtain a decision against the Operator to immediately remedy the contractual failure, • should the Operator fail to respect a court decision handed down against the Operator, and if the contractual failure continues, the OP3FT can terminate the Agreement without prior notice, and reserves the right to initiate legal proceedings in order to obtain remedy for the prejudice suffered. If the Operator’s contractual failure results from the application, by the Operator, of administrative or judicial decisions applicable to it, and if these decisions have consequences contrary to the founding principles defined in the OP3FT Bylaws, the OP3FT shall be entitled to terminate the Agreement as of right as from the date of application of these decisions. In the case where the Operator fails to pay the royalties, without just cause, and if the formal notice given in Article 910 9 of this Agreement remains without effect, the OP3FT shall be entitled to terminate the Agreement without having to give any other notice. In the case where the Operator’s failure arises from a procédure de liquidation judiciaire (liquidation procedure), the OP3FT shall be entitled to terminate the Agreement as of right. The Operator can, at its sole initiative, terminate the Agreement at any time subject to respecting a minimum notice period of 1 (one) year, without having to give any reason. This notice period can be reduced upon agreement thereto from the OP3FT, and subject to the OP3FT being able to find a new operator in order to ensure the stability and long-term existence of the addressing services provided to Internet users.

Special Cases. In the case of emergency, or manifestly unlawful disturbance, or of imminent threat of damage, and regardless of the failure concerned: • the OP3FT can directly refer the matter to the relevant court in order to obtain a decision against the Operator to immediately remedy the contractual failure, • should the Operator fail to respect a court decision handed down against the Operator, and if the contractual failure continues, the OP3FT can terminate the Agreement without prior notice, and reserves the right to initiate legal proceedings in order to obtain remedy for the prejudice suffered. If the Operator’s contractual failure results from the application, by the Operator, of administrative or judicial decisions applicable to it, and if these decisions have consequences contrary to the founding principles defined in the OP3FT Bylaws, the OP3FT shall be entitled to terminate the Agreement as of right as from the date of application of these decisions. In the case where the Operator fails to pay the royalties, without just cause, and if the formal notice given in Article 910 of this Agreement 9 remains without effect, the OP3FT shall be entitled to terminate the Agreement without having to give any other notice. In the case where the Operator’s failure arises from a procédure de liquidation judiciaire (liquidation procedurebankruptcy), the OP3FT shall be entitled to terminate the Agreement as of right. The Operator can, at its sole initiative, terminate the Agreement at any time subject to respecting a minimum notice period of 1 (one) year, without having to give any reason. This notice period can be reduced upon agreement thereto from the OP3FT, and subject to the OP3FT being able to find a new operator in order to ensure the stability and long-term existence of the addressing services provided to Internet users.

Special Cases. In the case of emergency, or manifestly unlawful disturbance, or of imminent threat of damage, and regardless of the failure concerned: • the OP3FT can directly refer the matter to the relevant court in order to obtain a decision against the Operator to immediately remedy the contractual failure, • should the Operator fail to respect a court decision handed down against the Operator, and if the contractual failure continues, the OP3FT can terminate the Agreement without prior notice, and reserves the right to initiate legal proceedings in order to obtain remedy for the prejudice suffered. If the Operator’s contractual failure results from the application, by the Operator, of administrative or judicial decisions applicable to it, and if these decisions have consequences contrary to the founding principles defined in the OP3FT Bylaws, the OP3FT shall be entitled to terminate the Agreement as of right as from the date of application of these decisions. In the case where the Operator fails to pay the royalties, without just cause, and if the formal notice given in Article 910 9 of this Agreement remains without effect, the OP3FT shall be entitled to terminate the Agreement without having to give any other notice. In the case where the Operator’s failure arises from a procédure de liquidation judiciaire (bankruptcy liquidation procedure), the OP3FT shall be entitled to terminate the Agreement as of right. The Operator can, at its sole initiative, terminate the Agreement at any time subject to respecting a minimum notice period of 1 (one) year, without having to give any reason. This notice period can be reduced upon agreement thereto from the OP3FT, and subject to the OP3FT being able to find a new operator in order to ensure the stability and long-term existence of the addressing services provided to Internet users.