Sponsorship Fees in the Event of Termination. If Pepsi terminates this Agreement pursuant to Section 9 or Customer terminates this Agreement without cause, then Pepsi shall be entitled to from Customer, without prejudice to any other right or remedy available to Pepsi, and Customer shall pay to Pepsi all funding paid by Pepsi to the Customer which remains unearned as of the time of termination. With regard to the Annual Sponsorship Fee, the amount of such reimbursement shall be determined by multiplying Annual Sponsorship Fee by a fraction, the numerator of which is the number of months remaining in the Year in which the Agreement is terminated at the time such termination occurs and the denominator of which is twelve (12).
Sponsorship Fees in the Event of Termination. If Pepsi terminates this Agreement pursuant to Section 10 or Customer terminates this Agreement without cause, then Pepsi shall be entitled to from Customer, without prejudice to any other right or remedy available to Pepsi, and Customer shall pay to Pepsi all funding paid by Pepsi to the Customer which remains unearned as of the time of termination. With regard to the Initial Support Funds, the amount of such reimbursement shall be determined by multiplying the Initial Support Funds by a fraction, the numerator of which is the number of months remaining in the Term at the time such termination occurs and the denominator of which is the total number of months within the Term (e.g., 5 year term is 60 months). With regard to the Annual Sponsorship Fee, the amount of such reimbursement shall be determined by multiplying Annual Sponsorship Fee by a fraction, the numerator of which is the number of months remaining in the Year in which the Agreement is terminated at the time such termination occurs and the denominator of which is 12.
Sponsorship Fees in the Event of Termination. If Contractor terminates this Contract pursuant to Section VI.2.I. or D., then Contractor shall be entitled to and from the University, without prejudice to any other right or remedy available to Contractor, and University shall pay to Contractor (i) a reimbursement of any unearned Annual Sponsorship Funds, Annual Merchandising Fee and Annual Marketing Fee paid by Contractor to University for the Contract Year in which such termination occurs. The amount of such reimbursement shall be determined by multiplying the Annual Sponsorship Funds, Annual Merchandising Fee and Annual Marketing Fee paid in the Contract Year during which such termination occurs by a fraction, the numerator of which is the number of months remaining in such Contract Year at the time of such termination and the denominator of which is twelve (12); (ii) a reimbursement of any unearned portion of the Guaranteed Annual Commissions paid by Contractor to University for the quarter in which such termination occurs, University shall pay Contractor the difference between the portion of the Guaranteed Annual Commissions paid and the actual Commissions earned by the University during the quarter as of the date of termination (based on the Commission calculation formula set forth in Section V.B.; and (iii) an amount as liquidated damages, and not as a penalty, for lost profits and/or expenses suffered or incurred by Contractor as a result of such termination, which amounts would be difficult or impossible to determine, equal to the sum of: (a) cost of the Products multiplied by the projected number of gallons that University would have purchased during the remainder of the Term, which shall be based on the volume of gallons purchased from Contractor during the twelve (12) months immediately preceding the termination or for the initial Contract Year, the projected volume for that Contract Year plus (b) cost of the Products multiplied by the projected number of eight ounce case equivalents of the canned and/or bottled products (―Cases‖) that University would have purchased during the remainder of the Term. Such projected volume of Cases shall be based on the volume of Cases either sold to University during the twelve (12) months immediately preceding the termination or for the initial Contract Year, the projected volume for that Contract Year.
