Common use of TERMINATION AND FORCE MAJEURE Clause in Contracts

TERMINATION AND FORCE MAJEURE. (1) This Agreement may be terminated by GCT, or by the University, on either GCT or the University giving twelve weeks prior written notice to the other of its intention to terminate. (2) GCT shall have the right, without prejudice to its other rights and remedies, to terminate this Agreement immediately by written notice the University if either the University is in material or persistent breach of any of its obligations under this Agreement and either that breach is incapable of remedy or University shall have failed to remedy that breach within 30 days after receiving written notice from GCT requiring it to remedy that breach. (3) Any termination of this Agreement (howsoever occasioned) shall not affect any accrued rights or liabilities of any party nor shall it affect the coming into force or the continuance in force of any provision of this Agreement which is expressly or by implication intended to come into force or continue in force on or after that termination. (4) Following termination of this Agreement, the University may retain all those documents and materials and all copies thereof relating to the Project in their possession or under their control and shall be free to publish such documents and materials in accordance with the provisions of clause 5 of this Agreement. For the avoidance of doubt, GCT and CIMA shall also both continue to benefit from the licence granted to each of them under clause 5 of this Agreement which clause shall survive termination or expiry of this Agreement. In the event this Agreement is terminated by the University under clause 11(1), or in the event that this Agreement is terminated by GCT under clause 11(2), the Research Grant shall be repayable by the University to GCT in whole or in part, as GCT in its sole discretion shall direct (5) No party shall be liable to any other party for any delay or non-performance of its obligations under this Agreement arising from any cause or causes beyond its reasonable control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion, civil commotion or industrial dispute of a third party ("Force Majeure Events"). Subject to the party so delaying promptly notifying the other parties in writing of the Force Majeure Event giving rise to the delay and the likely duration of the delay, the performance of the delaying party's obligations, to the extent affected by the delay, shall be suspended during the period that the Force Majeure Event persists. If the Force Majeure Event persists for more than [4] calendar weeks, any party to this Agreement may terminate this Agreement immediately by written notice to the other parties. (6) The University agrees to document any actual delays in the Project or in the delivery of the Outputs in the Progress Reports to be delivered to GCT as a Compulsory Output under Schedule 2. If any actual or potential delay relates to the delivery of the Progress Report to GCT, or if the Project is within the last quarter of the Term and an actual or potential delay occurs to any aspect of the Project or to delivery of any of the Outputs, the University shall immediately notify GCT in writing of the actual or potential delay. This requirement is in addition to the requirements on the University under clause 12 to apply for consent by GCT to delays (save for delays resulting from Force Majeure Events under clause 11(5)) in excess of 4 calendar weeks. (7) If GCT terminates this Agreement in accordance with clause 11(1), GCT will reimburse the University for their reasonable costs and expenses incurred as a direct result of this Agreement and such reimbursement shall take place in accordance with clause 3.

TERMINATION AND FORCE MAJEURE. (1) This Agreement may be terminated by GCTCIMA, or by the University, on either GCT CIMA or the University giving twelve weeks prior written notice to the other of its intention to terminate. (2) GCT CIMA shall have the right, without prejudice to its other rights and remedies, to terminate this Agreement immediately by written notice the University if either the University is in material or persistent breach of any of its obligations under this Agreement and either that breach is incapable of remedy or University shall have failed to remedy that breach within 30 days after receiving written notice from GCT CIMA requiring it to remedy that breach. (3) Any termination of this Agreement (howsoever occasioned) shall not affect any accrued rights or liabilities of any party nor shall it affect the coming into force or the continuance in force of any provision of this Agreement which is expressly or by implication intended to come into force or continue in force on or after that termination. (4) Following termination of this Agreement, the University may retain all those documents and materials and all copies thereof relating to the Project in their possession or under their control and shall be free to publish such documents and materials in accordance with the provisions of clause 5 of this Agreement. For the avoidance of doubt, GCT and CIMA shall also both continue to benefit from the licence granted to each of them under clause 5 of this Agreement which clause shall survive termination or expiry of this Agreement. In the event this Agreement is terminated by the University under clause 11(1), or in the event that this Agreement is terminated by GCT CIMA under clause 11(2), the Research Grant shall be repayable by the University to GCT CIMA in whole or in part, as GCT CIMA in its sole discretion shall direct (5) No party shall be liable to any other party for any delay or non-performance of its obligations under this Agreement arising from any cause or causes beyond its reasonable control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion, civil commotion or industrial dispute of a third party ("Force Majeure Events"). Subject to the party so delaying promptly notifying the other parties in writing of the Force Majeure Event giving rise to the delay and the likely duration of the delay, the performance of the delaying party's obligations, to the extent affected by the delay, shall be suspended during the period that the Force Majeure Event persists. If the Force Majeure Event persists for more than [4] calendar weeks, any party to this Agreement may terminate this Agreement immediately by written notice to the other parties. (6) The University agrees to document any actual delays in the Project or in the delivery of the Outputs in the Progress Reports to be delivered to GCT CIMA as a Compulsory Output under Schedule 2. If any actual or potential delay relates to the delivery of the Progress Report to GCTCIMA, or if the Project is within the last quarter of the Term and an actual or potential delay occurs to any aspect of the Project or to delivery of any of the Outputs, the University shall immediately notify GCT CIMA in writing of the actual or potential delay. This requirement is in addition to the requirements on the University under clause 12 to apply for consent by GCT CIMA to delays (save for delays resulting from Force Majeure Events under clause 11(5)) in excess of 4 calendar weeks. (7) If GCT CIMA terminates this Agreement in accordance with clause 11(1), GCT CIMA will reimburse the University for their reasonable costs and expenses incurred as a direct result of this Agreement and such reimbursement shall take place in accordance with clause 3.

TERMINATION AND FORCE MAJEURE. (1) This Agreement may be terminated by GCTCIMA, or by the UniversityResearcher and the University acting jointly, on either GCT CIMA or the Researchers and the University jointly giving twelve weeks prior written notice to the other other(s) of its its/their intention to terminate. (2) GCT CIMA shall have the right, without prejudice to its other rights and remedies, to terminate this Agreement immediately by written notice to the Researcher and the University if either the Researcher or the University is in material or persistent breach of any of its obligations under this Agreement and either that breach is incapable of remedy or the Researcher or University shall have failed to remedy that breach within 30 days after receiving written notice from GCT CIMA requiring it to remedy that breach. (3) Any termination of this Agreement (howsoever occasioned) shall not affect any accrued rights or liabilities of any party nor shall it affect the coming into force or the continuance in force of any provision of this Agreement which is expressly or by implication intended to come into force or continue in force on or after that termination. (4) Following termination of this Agreement, the University and the Researcher may retain all those documents and materials and all copies thereof relating to the Project in their possession or under their control and shall be free to publish such documents and materials in accordance with the provisions of clause 5 of this Agreement. For the avoidance of doubt, GCT and CIMA shall also both continue to benefit from the licence granted to each of them it under clause 5 of this Agreement which clause shall survive termination or expiry of this Agreement. In the event this Agreement is terminated by the University under clause 11(1), or in the event that this Agreement is terminated by GCT under clause 11(2), the Research Grant shall be repayable by the University to GCT in whole or in part, as GCT in its sole discretion shall direct. (5) No party shall be liable to any other party for any delay or non-performance of its obligations under this Agreement arising from any cause or causes beyond its reasonable control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion, civil commotion or industrial dispute of a third party and, in the case of the Researcher, ill-health, accident or other extreme circumstance making it impossible or extremely impracticable for the Researcher to fulfil its obligations under this Agreement ("Force Majeure Events"). Subject to the party so delaying promptly notifying the other parties in writing of the Force Majeure Event giving rise to the delay and the likely duration of the delay, the performance of the delaying party's obligations, to the extent affected by the delay, shall be suspended during the period that the Force Majeure Event persists. If the Force Majeure Event persists for more than [4] calendar weeks, any party to this Agreement may terminate this Agreement immediately by written notice to the other parties. (6) The University agrees and the Researcher agree to document any actual delays in the Project or in the delivery of the Outputs in the Progress Reports to be delivered to GCT CIMA as a Compulsory Output under Schedule 2. If any actual or potential delay relates to the delivery of the Progress Report to GCTCIMA, or if the Project is within the last quarter of the Term and an actual or potential delay occurs to any aspect of the Project or to delivery of any of the Outputs, the University and the Researcher shall immediately notify GCT CIMA in writing of the actual or potential delay. This requirement is in addition to the requirements on the University and the Researcher under clause 12 to apply for consent by GCT CIMA to delays (save for delays resulting from Force Majeure Events under clause 11(5)) in excess of 4 calendar weeks. (7) If GCT CIMA terminates this Agreement in accordance with clause 11(1), GCT CIMA will reimburse the University for their reasonable costs and expenses incurred as a direct result of this Agreement and such reimbursement shall take place in accordance with clause 3.

TERMINATION AND FORCE MAJEURE. (1) This Agreement may be terminated by GCT, or by the UniversityResearcher and the University acting jointly, on either GCT or the Researchers and the University jointly giving twelve weeks prior written notice to the other other(s) of its its/their intention to terminate. (2) GCT shall have the right, without prejudice to its other rights and remedies, to terminate this Agreement immediately by written notice to the Researcher and the University if either the Researcher or the University is in material or persistent breach of any of its obligations under this Agreement and either that breach is incapable of remedy or the Researcher or University shall have failed to remedy that breach within 30 days after receiving written notice from GCT requiring it to remedy that breach. (3) Any termination of this Agreement (howsoever occasioned) shall not affect any accrued rights or liabilities of any party nor shall it affect the coming into force or the continuance in force of any provision of this Agreement which is expressly or by implication intended to come into force or continue in force on or after that termination. (4) Following termination of this Agreement, the University and the Researcher may retain all those documents and materials and all copies thereof relating to the Project in their possession or under their control and shall be free to publish such documents and materials in accordance with the provisions of clause 5 of this Agreement. For the avoidance of doubt, GCT and CIMA shall also both continue to benefit from the licence granted to each of them under clause 5 of this Agreement which clause shall survive termination or expiry of this Agreement. In the event this Agreement is terminated by the University under clause 11(1), or in the event that this Agreement is terminated by GCT under clause 11(2), the Research Grant shall be repayable by the University to GCT in whole or in part, as GCT in its sole discretion shall direct. (5) No party shall be liable to any other party for any delay or non-performance of its obligations under this Agreement arising from any cause or causes beyond its reasonable control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion, civil commotion or industrial dispute of a third party and, in the case of the Researcher, ill-health, accident or other extreme circumstance making it impossible or extremely impracticable for the Researcher to fulfil its obligations under this Agreement ("Force Majeure Events"). Subject to the party so delaying promptly notifying the other parties in writing of the Force Majeure Event giving rise to the delay and the likely duration of the delay, the performance of the delaying party's obligations, to the extent affected by the delay, shall be suspended during the period that the Force Majeure Event persists. If the Force Majeure Event persists for more than [4] calendar weeks, any party to this Agreement may terminate this Agreement immediately by written notice to the other parties. (6) The University agrees and the Researcher agree to document any actual delays in the Project or in the delivery of the Outputs in the Progress Reports to be delivered to GCT as a Compulsory Output under Schedule 2. If any actual or potential delay relates to the delivery of the Progress Report to GCT, or if the Project is within the last quarter of the Term and an actual or potential delay occurs to any aspect of the Project or to delivery of any of the Outputs, the University and the Researcher shall immediately notify GCT in writing of the actual or potential delay. This requirement is in addition to the requirements on the University and the Researcher under clause 12 to apply for consent by GCT to delays (save for delays resulting from Force Majeure Events under clause 11(5)) in excess of 4 calendar weeks. (7) If GCT terminates this Agreement in accordance with clause 11(1), GCT will reimburse the University for their reasonable costs and expenses incurred as a direct result of this Agreement and such reimbursement shall take place in accordance with clause 3.

TERMINATION AND FORCE MAJEURE. (1) This Agreement may be terminated by GCT, or by the UniversityResearcher and the University acting jointly, on either GCT or the Researchers and the University jointly giving twelve four weeks prior written notice to the other other(s) of its its/their intention to terminate. (2) GCT shall have the right, without prejudice to its other rights and remedies, to terminate this Agreement immediately by written notice to the Researcher and the University if either the Researcher or the University is in material or persistent breach of any of its obligations under this Agreement and either that breach is incapable of remedy or the Researcher or University shall have failed to remedy that breach within 30 days after receiving written notice from GCT requiring it to remedy that breach. (3) Any termination of this Agreement (howsoever occasioned) shall not affect any accrued rights or liabilities of any party nor shall it affect the coming into force or the continuance in force of any provision of this Agreement which is expressly or by implication intended to come into force or continue in force on or after that termination. (4) Following termination of this Agreement, the University and the Researcher may retain all those documents and materials and all copies thereof relating to the Project in their possession or under their control and shall be free to publish such documents and materials in accordance with the provisions of clause 5 of this Agreement. For the avoidance of doubt, GCT and CIMA shall also both continue to benefit from the licence granted to each of them under clause 5 of this Agreement which clause shall survive termination or expiry of this Agreement. In the event this Agreement is terminated by the University under clause 11(1), or in the event that this Agreement is terminated by GCT under clause 11(2), the Research Grant shall be repayable by the University to GCT in whole or in part, as GCT in its sole discretion shall direct. (5) No party shall be liable to any other party for any delay or non-performance of its obligations under this Agreement arising from any cause or causes beyond its reasonable control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion, civil commotion or industrial dispute of a third party and, in the case of the Researcher, ill-health, accident or other extreme circumstance making it impossible or extremely impracticable for the Researcher to fulfil its obligations under this Agreement ("Force Majeure Events"). Subject to the party so delaying promptly notifying the other parties in writing of the Force Majeure Event giving rise to the delay and the likely duration of the delay, the performance of the delaying party's obligations, to the extent affected by the delay, shall be suspended during the period that the Force Majeure Event persists. If the Force Majeure Event persists for more than [4] calendar weeks, any party to this Agreement may terminate this Agreement immediately by written notice to the other parties. (6) The University agrees and the Researcher agree to document any actual delays in the Project or in the delivery of the Outputs in the Progress Reports to be delivered to GCT as a Compulsory Output under Schedule 2. If any actual or potential delay relates to the delivery of the Progress Report to GCT, or if the Project is within the last quarter month of the Term and an actual or potential delay occurs to any aspect of the Project or to delivery of any of the Outputs, the University and the Researcher shall immediately notify GCT in writing of the actual or potential delay. This requirement is in addition to the requirements on the University and the Researcher under clause 12 11 to apply for consent by GCT to delays (save for delays resulting from Force Majeure Events under clause 11(510(5)) in excess of 4 calendar weeks. (7) If GCT terminates this Agreement in accordance with clause 11(110(1), GCT will reimburse the University for their reasonable costs and expenses incurred as a direct result of this Agreement and such reimbursement shall take place in accordance with clause 3.