Common use of TERMINATION, CANCELLATION AND BREACH OF AGREEMENT Clause in Contracts

TERMINATION, CANCELLATION AND BREACH OF AGREEMENT. This Agreement will commence on the Effective Date and remain in full force and effect for the duration of the Agreement subject to COMPANY’s right of termination as provided for in clause 4 hereof and as provided in clause 11. The Service Provider may terminate this Agreement by giving 30 (thirty) calendar days’ notice to COMPANY, provided that nothing shall preclude either Party from terminating this Agreement summarily for any cause recognized in law as sufficient. COMPANY may summarily terminate this Agreement if the Service Provider is liquidated, whether provisionally or finally; has an execution levied against its assets; is investigated or found guilty by any official prosecution/investigative authority in regards to fraud or dishonesty or any criminal act and/or civil liability. COMPANY may, by 24 (twenty four) hours written notice of termination to the Service Provider, terminate this Agreement and claim damages or elect to enforce this Agreement if, in COMPANY’s sole discretion, the Service Provider: has abandoned this Agreement or breached a material term or condition of this Agreement; has breached any other term of condition of this Agreement and has failed to remedy the breach within a period of 2 (two) days after receiving written notice of the breach from COMPANY; has persistently or flagrantly neglected to carry out its obligations under this Agreement; has committed an act of gross negligence or incompetence; or has assigned this Agreement or any part thereof without the consent in writing of COMPANY. Should this Agreement be terminated by mutual agreement between COMPANY and the Service Provider, the obligations of COMPANY shall be limited to the payment of such amounts of work done by the Service Provider, and failing such agreement shall not exceed such amounts as may be due and payable for Services rendered in compliance with this Agreement, up to the date that this Agreement is terminated. COMPANY’s termination of this Agreement or any claim of immediate, specific performance of all of the Service Provider’s obligations under this Agreement shall be without prejudice to COMPANY’s right to claim damages, or cancel the Agreement. The Service Provider warrants that all information made available to it by COMPANY, including but not limited to any contracts signed, materials developed, trade secrets, financial and other details, assistance or advice given or requested, operating methods and costs, will be kept as strictly confidential and will not be divulged to any third parties without the written permission of COMPANY. The Service Provider and its employees, contractors or agents, will maintain the utmost secrecy in respect of all such information. Upon termination of this Agreement, the Service Provider shall return to COMPANY all property belonging to COMPANY, including but not limited to any books, documents, manuals, specifications and technical data. Intellectual Property rights in material developed for COMPANY in terms of the Services specified in Annexure A shall vest in COMPANY. The Parties shall ensure that no infringements of whatsoever nature are made on the Intellectual Property rights and privileges of each other as relied on in this Agreement.

TERMINATION, CANCELLATION AND BREACH OF AGREEMENT. 10.1. This Agreement will commence on the Effective Date and remain in full force and effect for the duration of the Agreement subject to COMPANY’s right of termination as provided for in clause 4 hereof and as provided in clause 11. 10.2. The Service Provider may terminate this Agreement by giving 30 (thirty) calendar days’ notice to COMPANY, provided that nothing shall preclude either Party from terminating this Agreement summarily for any cause recognized in law as sufficient. 10.3. COMPANY may summarily terminate this Agreement if the Service Provider is liquidated, whether provisionally or finally; has an execution levied against its assets; is investigated or found guilty by any official prosecution/investigative authority in regards to fraud or dishonesty or any criminal act and/or civil liability. 10.4. COMPANY may, by 24 (twenty four) hours written notice of termination to the Service Provider, terminate this Agreement and claim damages or elect to enforce this Agreement if, in COMPANY’s sole discretion, the Service Provider: : 11.4.1 has abandoned this Agreement or breached a material term or condition of this Agreement; ; 11.4.2 has breached any other term of condition of this Agreement and has failed to remedy the breach within a period of 2 (two) days after receiving written notice of the breach from COMPANY; ; 11.4.3 has persistently or flagrantly neglected to carry out its obligations under this Agreement; ; 11.4.4 has committed an act of gross negligence or incompetence; or or 11.4.5 has assigned this Agreement or any part thereof without the consent in writing of COMPANY. 10.5. Should this Agreement be terminated by mutual agreement between COMPANY and the Service Provider, the obligations of COMPANY shall be limited to the payment of such amounts of work done by the Service Provider, and failing such agreement shall not exceed such amounts as may be due and payable for Services rendered in compliance with this Agreement, up to the date that this Agreement is terminatedterminated 10.6. COMPANY’s termination of this Agreement or any claim of immediate, specific performance of all of the Service Provider’s obligations under this Agreement shall be without prejudice to COMPANY’s right to claim damages, or cancel the Agreement. The Service Provider warrants that all information made available to it by COMPANY, including but not limited to any contracts signed, materials developed, trade secrets, financial and other details, assistance or advice given or requested, operating methods and costs, will be kept as strictly confidential and will not be divulged to any third parties without the written permission of COMPANY. The Service Provider and its employees, contractors or agents, will maintain the utmost secrecy in respect of all such information. Upon termination of this Agreement, the Service Provider shall return to COMPANY all property belonging to COMPANY, including but not limited to any books, documents, manuals, specifications and technical data. Intellectual Property rights in material developed for COMPANY in terms of the Services specified in Annexure A shall vest in COMPANY. The Parties shall ensure that no infringements of whatsoever nature are made on the Intellectual Property rights and privileges of each other as relied on in this Agreement.

TERMINATION, CANCELLATION AND BREACH OF AGREEMENT. 9.1. This Agreement will commence on the Effective Date and remain in full force and effect for the duration of the Agreement subject to COMPANY’s the Parties’ right of termination as provided for in this clause 4 hereof and as provided in clause 119. 9.2. The Service Provider Either Party may terminate this Agreement by giving 30 (thirty) calendar days’ notice to COMPANYthe other, provided that nothing shall preclude either Party from terminating this Agreement summarily for any cause recognized in law as sufficientcause. 9.3. COMPANY Either Party may summarily terminate this Agreement if the Service Provider other is liquidated, whether provisionally or finally; has an execution levied against its assets; is investigated or found guilty by any official prosecution/investigative authority in regards to fraud or dishonesty or any criminal act and/or civil liability. 9.4. COMPANY Company may, by 24 (twenty twenty-four) hours written notice of termination to the Service Provider, terminate this Agreement and claim damages or elect to enforce this Agreement if, in COMPANYCompany’s sole discretion, the Service Provider: : 9.4.1. has abandoned this Agreement or breached a material term or condition of this Agreement; ; 9.4.2. has breached any other term of condition of this Agreement and has failed to remedy the breach within a period of 2 7 (twoseven) days after receiving written notice of the breach from COMPANY; Company; 9.4.3. has persistently or flagrantly neglected to carry out its obligations under this Agreement; ; 9.4.4. has committed an act of gross negligence or incompetence; or wilful misconduct or; 9.4.5. has assigned this Agreement or any part thereof without the consent in writing of COMPANYCompany. 9.5. Should this Agreement be terminated by mutual agreement between COMPANY Company and the Service Provider, the obligations of COMPANY Company shall be limited to the payment of such amounts of work done by the Service Provider, and failing such agreement shall not exceed such amounts as may be due and payable for Services rendered in compliance with this Agreement, up to the date that this Agreement is terminated. 9.6. COMPANYCompany’s termination of this Agreement or any claim of immediate, specific performance of all of the Service Provider’s obligations under this Agreement shall be without prejudice to COMPANYCompany’s right to claim damages, damages or cancel the Agreement. The Service Provider warrants that all information made available to it by COMPANY, including but not limited to any contracts signed, materials developed, trade secrets, financial and other details, assistance or advice given or requested, operating methods and costs, will be kept as strictly confidential and will not be divulged to any third parties without the written permission of COMPANY. The Service Provider and its employees, contractors or agents, will maintain the utmost secrecy in respect of all such information. Upon termination of this Agreement, the Service Provider shall return to COMPANY all property belonging to COMPANY, including but not limited to any books, documents, manuals, specifications and technical data. Intellectual Property rights in material developed for COMPANY in terms of the Services specified in Annexure A shall vest in COMPANY. The Parties shall ensure that no infringements of whatsoever nature are made on the Intellectual Property rights and privileges of each other as relied on in this Agreement.

TERMINATION, CANCELLATION AND BREACH OF AGREEMENT. This Agreement will commence on the Effective Date and remain in full force and effect for the duration of the Agreement subject to COMPANY’s right of termination as provided for in clause 4 hereof and as provided in clause 11. The Service Provider 10.1 Either Party may terminate this Agreement by giving 30 90 (thirtyninety) calendar days’ notice to COMPANYthe other Party, provided that nothing shall preclude either Party from terminating this Agreement summarily for any cause recognized recognised in law as sufficient. COMPANY . 10.2 Either Party (“the aggrieved Party”) may summarily terminate this Agreement if the Service Provider other Party (“the defaulting Party”) is liquidated, whether provisionally or finally; has an execution levied against its assets; is investigated or found guilty by any official prosecution/investigative authority in regards to fraud or dishonesty or any criminal act and/or civil liability. COMPANY . 10.3 The aggrieved Party may, by giving 24 (twenty four) hours written notice of termination to the Service Providerdefaulting Party, terminate this Agreement and claim damages or elect to enforce this Agreement if, in COMPANYthe aggrieved Party’s sole discretion, the Service Provider: defaulting Party: 10.3.1 has abandoned this Agreement or breached a material term or condition of this Agreement; ; 10.3.2 has breached any other term of or condition of this Agreement and has failed to remedy the breach within a period of 2 (two) days Business Days after receiving written notice of the breach from COMPANY; the aggrieved Party; 10.3.3 has persistently or flagrantly neglected to carry out its obligations under this Agreement; ; 10.3.4 has committed an act of gross negligence or incompetence; or or 10.3.5 has assigned this Agreement or any part thereof without the consent in writing of COMPANY. the aggrieved Party. 10.4 Should this Agreement be terminated by mutual agreement between COMPANY the Service Provider and the Service ProviderCompany, the obligations of COMPANY the Company shall be limited to the payment of such amounts of work done by the Service Provider, and failing such agreement shall not exceed such amounts as may be due and payable for Shared Services rendered in compliance with this Agreement, up to the date that this Agreement is terminated. COMPANY. 10.5 The aggrieved Party’s termination of this Agreement or any claim of immediate, specific performance of all of the Service Providerdefaulting Party’s obligations under this Agreement shall be without prejudice to COMPANYthe aggrieved Party’s right to claim damages, or cancel the Agreement. The Service Provider warrants that all information made available to it by COMPANY, including but not limited to any contracts signed, materials developed, trade secrets, financial and other details, assistance or advice given or requested, operating methods and . 10.2 All costs, will be kept as strictly confidential charges and will not be divulged to any third parties without the written permission of COMPANY. The Service Provider and its employees, contractors or agents, will maintain the utmost secrecy in respect of all such information. Upon termination of this Agreement, the Service Provider shall return to COMPANY all property belonging to COMPANY, including but not limited to any books, documents, manuals, specifications and technical data. Intellectual Property rights in material developed for COMPANY in terms of the Services specified in Annexure A shall vest in COMPANY. The Parties shall ensure that no infringements expenses of whatsoever nature are made which may be incurred by any Party in enforcing its rights in terms hereof, including legal costs on the Intellectual Property scale as between attorney and own client and collection commission, irrespective of whether any action has been actually instituted, shall be recoverable from the Party against which such rights and privileges of each other as relied on in this Agreementare successfully enforced.