Common use of Termination/Expiration Clause in Contracts

Termination/Expiration. A. Newmont may terminate this Agreement and/or the Services being performed hereunder by giving Notice of such termination to Supplier. Upon receipt of such Notice, Supplier shall stop all work related to the terminated Services on the date specified in the Notice. Newmont shall pay Supplier for the applicable Services performed and expenses incurred to the date of such termination, subject to Section 3. Newmont shall not be liable to pay any bonus, damage, or other claim asserted by Supplier for its expected profit on the terminated portion of such Services. B. Within five days after (i) the expiration or termination of this Agreement, or (ii) if earlier, the completion of all Services under this Agreement, Supplier shall return to Newmont all identification and access badges, codes, VPN tokens, and similar items provided to Supplier by Newmont in connection with the applicable Services (except to the extent the same are applicable to on- going Services). C. Newmont may suspend performance of all or any portion of the Services at any time by providing 15 days’ prior Notice of such suspension to Supplier. Upon receipt of such Notice, Supplier shall (i) cease performance of the Services to the extent specified in the Notice and on the date and time specified, and (ii) take such other action as is specified in the Notice or as may be necessary to minimize costs associated with the suspension. Upon receipt of a Notice from Newmont to resume the Services, Supplier shall resume performance of the Services as specified in such Notice and subject to the terms of this Agreement. Provided Supplier has complied with the foregoing requirements, Supplier will, as full compensation for the suspension, be paid (y) a standby charge, in such amount as may be mutually agreed to by the parties, for Supplier to keep its organization, personnel, and equipment committed to the Services on a standby basis, and (z) the actual amount of reasonable out-of-pocket costs incurred by Supplier for demobilizing and remobilizing its personnel and equipment. Supplier shall invoice Newmont for such costs and Newmont shall pay such costs in accordance with the provisions of this Agreement.

Termination/Expiration. A. 11.1. Newmont may terminate this Agreement and/or the Services being performed hereunder by giving Notice of such termination to Supplier. Upon receipt of such Notice, Supplier shall stop all work related to the terminated Services on the date specified in the Notice. Newmont shall pay Supplier for the applicable Services performed and expenses incurred to the date of such termination, subject to Section 3. Newmont shall not be liable to pay any bonus, damage, or other claim asserted by Supplier for its expected profit on the terminated portion of such Services. B. Within five days after (i) the expiration or termination of this Agreement, or (ii) if earlier, the completion of all Services under this Agreement, Supplier shall return to Newmont all identification and access badges, codes, VPN tokens, and similar items provided to Supplier by Newmont in connection with the applicable Services (except to the extent the same are applicable to on- going Services). C. 11.2. Newmont may suspend performance of all or any portion of the Services at any time by providing 15 fifteen (15) days’ prior Notice of such suspension to Supplier. Upon receipt of such Notice, Supplier shall shall: (i) cease performance of the Services to the extent specified in the Notice and on the date and time specified, ; and (ii) take such other action as is specified in the Notice or as may be necessary to minimize costs associated with the suspension. Upon receipt of a Notice from Newmont to resume the Services, Supplier shall resume performance of the Services as specified in such Notice and subject to the terms of this Agreement. Provided Supplier has complied with the foregoing requirements, Supplier will, as full compensation for the suspension, be paid (ya) a standby charge, in such amount as may be mutually agreed to in writing by the parties, for Supplier to keep its organization, personnel, and equipment committed to the Services on a standby basis, and (zb) the actual amount of reasonable out-of-pocket costs incurred by Supplier for demobilizing and remobilizing its personnel and equipment. Supplier shall invoice Newmont for such costs and Newmont shall pay such costs in accordance with the provisions of thisAgreement. 11.3. Within five (5) days after: (i) the expiration or termination of this Agreement; or (ii) if earlier, the completion of all Services under this Agreement, Supplier shall return to Newmont all identification and access badges, codes, VPN tokens, and similar items provided to Supplier by Newmont in connection with the applicable Services (except to the extent the same are applicable to other on-going services).

Termination/Expiration. A. Newmont may terminate this Agreement and/or the Services being performed hereunder by giving not less than 30 days’ prior Notice of such termination to Supplier. Upon receipt of such Notice, Supplier shall stop all work related to the terminated Services on the date specified in the Notice. Newmont shall pay Supplier for the applicable Services performed and expenses incurred to the date of such termination, subject to Section 3. Newmont shall not be liable to pay any bonus, damage, or other claim asserted by Supplier for its expected profit on the terminated portion of such Services. B. Within five days after (i1) the expiration or termination of this Agreement, or (ii2) if earlier, the completion of all Services under this Agreement, Supplier shall return to Newmont all identification and access badges, codes, VPN tokens, and similar items provided to Supplier by Newmont in connection with the applicable Services (except to the extent the same are applicable to on- other on-going Servicesservices). C. Newmont may suspend performance of all or any portion of the Services at any time by providing 15 days’ prior Notice of such suspension to Supplier. Upon receipt of such Notice, Supplier shall (i1) cease performance of the Services to the extent specified in the Notice and on the date and time specified, and (ii2) take such other action as is specified in the Notice or as may be necessary to minimize costs associated with the suspension. Upon receipt of a Notice from Newmont to resume the Services, Supplier shall resume performance of the Services as specified in such Notice and subject to the terms of this Agreement. Provided Supplier has complied with the foregoing requirements, Supplier will, as full compensation for the suspension, be paid (ya) a standby charge, in such amount as may be mutually agreed to in writing by the parties, for Supplier to keep its organization, personnel, and equipment committed to the Services on a standby basis, and (zb) the actual amount of reasonable out-of-pocket costs incurred by Supplier for demobilizing and remobilizing its personnel and equipment. Supplier shall invoice Newmont for such costs and Newmont shall pay such costs in accordance with the provisions of this Agreement.

Termination/Expiration. A. 11.1. Newmont may terminate this Agreement and/or the Services being performed hereunder by giving Notice of such termination to Supplier. Upon receipt of such Notice, Supplier shall stop all work related to the terminated Services on the date specified in the Notice. Newmont shall pay Supplier for the applicable Services performed and expenses incurred to the date of such termination, subject to Section 3. Newmont shall not be liable to pay any bonus, damage, or other claim asserted by Supplier for its expected profit on the terminated portion of such Services. B. Within five days after (i) the expiration or termination of this Agreement, or (ii) if earlier, the completion of all Services under this Agreement, Supplier shall return to Newmont all identification and access badges, codes, VPN tokens, and similar items provided to Supplier by Newmont in connection with the applicable Services (except to the extent the same are applicable to on- going Services). C. 11.2. Newmont may suspend performance of all or any portion of the Services at any time by providing 15 fifteen (15) days’ prior Notice of such suspension to Supplier. Upon receipt of such Notice, Supplier shall shall: (i) cease performance of the Services to the extent specified in the Notice and on the date and time specified, ; and (ii) take such other action as is specified in the Notice or as may be necessary to minimize costs associated with the suspension. Upon receipt of a Notice from Newmont to resume the Services, Supplier shall resume performance of the Services as specified in such Notice and subject to the terms of this Agreement. Provided Supplier has complied with the foregoing requirements, Supplier will, as full compensation for the suspension, be paid paid (ya) a standby charge, in such amount as may be mutually agreed to in writing by the parties, for Supplier to keep its organization, personnel, and equipment committed to the Services on a standby basis, and (zb) the actual amount of reasonable out-of-pocket costs incurred by Supplier for demobilizing and remobilizing its personnel and equipment. Supplier shall invoice Newmont for such costs and Newmont shall pay such costs in accordance with the provisions of this Agreement. 11.3. Within five (5) days after: (i) the expiration or termination of this Agreement; or (ii) if earlier, the completion of all Services under this Agreement, Supplier shall return to Newmont all identification and access badges, codes, VPN tokens, and similar items provided to Supplier by Newmont in connection with the applicable Services (except to the extent the same are applicable to other on-going services).

Termination/Expiration. A. Newmont may terminate this Agreement and/or the Services being performed hereunder by giving Notice of such termination to Supplier. Upon receipt of such Notice, Supplier shall stop all work related to the terminated Services on the date specified in the Notice. Newmont shall pay Supplier for the applicable Services performed and expenses incurred to the date of such termination, subject to Section 3. Newmont shall not be liable to pay any bonus, damage, or other claim asserted by Supplier for its expected profit on the terminated portion of such Services. B. Within five days after (i1) the expiration or termination of this Agreement, or (ii2) if earlier, the completion of all Services under this Agreement, Supplier shall return to Newmont all identification and access badges, codes, VPN tokens, and similar items provided to Supplier by Newmont in connection with the applicable Services (except to the extent the same are applicable to on- other on-going Servicesservices). C. Newmont may suspend performance of all or any portion of the Services at any time by providing 15 days’ prior Notice of such suspension to Supplier. Upon receipt of such Notice, Supplier shall (i1) cease performance of the Services to the extent specified in the Notice and on the date and time specified, and (ii2) take such other action as is specified in the Notice or as may be necessary to minimize costs associated with the suspension. Upon receipt of a Notice from Newmont to resume the Services, Supplier shall resume performance of the Services as specified in such Notice and subject to the terms of this Agreement. Provided Supplier has complied with the foregoing requirements, Supplier will, as full compensation for the suspension, be paid (ya) a standby charge, in such amount as may be mutually agreed to in writing by the parties, for Supplier to keep its organization, personnel, and equipment committed to the Services on a standby basis, and (zb) the actual amount of reasonable out-of-pocket costs incurred by Supplier for demobilizing and remobilizing its personnel and equipment. Supplier shall invoice Newmont for such costs and Newmont shall pay such costs in accordance with the provisions of this Agreement.

Termination/Expiration. A. Newmont may terminate this Agreement and/or Assistance Supplier shall cooperate with Customer, shall take and perform the activities described on the “Termination/Expiration Assistance” Exhibit and shall assist Customer in the orderly, uninterrupted transfer and migration of the Services being performed hereunder by giving Notice of such termination (including, without limitation, continuing to Supplier. Upon receipt of such Notice, Supplier shall stop all work related perform and provide the Services) to the terminated Services on the date specified in the Notice. Newmont shall pay Supplier for the applicable Services performed and expenses incurred to the date of such termination, subject to Section 3. Newmont shall not be liable to pay any bonus, damage, Customer itself or other claim asserted by Supplier for its expected profit on the terminated portion of such Services. B. Within five days after (i) the expiration or termination of this Agreement, or (ii) if earlier, the completion of all Services under this Agreement, Supplier shall return to Newmont all identification and access badges, codes, VPN tokens, and similar items provided to Supplier by Newmont another services provider in connection with the applicable Services expiration or earlier termination of the Agreement for any reason, however described (except to the extent the same are applicable to on- going Services“Termination/Expiration Assistance”). C. Newmont may suspend performance of all or any portion . The quality of the Services and Supplier’s performance of its obligations under the Agreement, shall not be degraded during the Termination/Expiration Assistance period. The Term of the Agreement shall not be deemed to have expired or terminated until the Termination/Expiration Assistance is completed. Upon Customer’s request, Supplier shall provide, and shall cause its subcontractors to provide, Termination/Expiration Assistance commencing [*****] prior to expiration or upon any notice of termination or of non-renewal of the Agreement and continue to provide, and cause to be provided, the Termination/Expiration Assistance for [*****], provided that Customer shall take reasonable steps to complete its transition as soon as reasonably practicable. However, in the event Customer is in default with respect to the payment of amounts in excess of the amounts set forth in Section 25.2 (Termination by Supplier) at the start of the Termination/Expiration Assistance, Supplier shall not be required to provide Termination/Expiration Assistance unless Customer prepays the projected monthly fees due for the Termination/Expiration Assistance in 3 month increments during the period that the Termination/Expiration Assistance is provided by Supplier. Customer will be credited or paid any time by providing 15 days’ prior Notice unused portions of such suspension to Supplier. Upon receipt pre-payments. 27.1 As part of such NoticeTermination/Expiration Assistance, Supplier shall (i) cease provide such information as Customer may reasonably request relating to the number and function of each of Supplier Personnel who are employed or contracted by Supplier to perform the Services under the Agreement, and Supplier shall make such information available to potential successors as designated by Customer, (ii) not make any material change in the level of Service or number of employees assigned to perform functions for Customer under the Agreement without the prior consent of Customer, (iii) not reassign Supplier’s employees or subcontractors away from performance of functions under the Agreement, except as mutually agreed by the Parties, and (iv) cooperate with and provide reasonable support to Customer and any Third Party who may perform certain of the Services following Termination/Expiration Assistance. 27.2 If the provision of any Termination/Expiration Assistance by Supplier would require Supplier to perform New Services, the extent specified provisions of Section 9 relating to New Services shall apply. 27.3 If Customer is required to prepay the monthly fees and it is determined that such prepayment is in excess of the Notice and on the date and time specified, and (ii) take such other action as is specified in the Notice or as may be necessary to minimize costs actual fees associated with the suspension. Upon receipt of a Notice from Newmont to resume the ServicesTermination/Expiration Assistance, then Supplier shall resume performance apply such overpayment to monies otherwise due Supplier or, if no monies are due Supplier, promptly refund such overpayment to Customer at the end of such Termination/Expiration Assistance. Conversely, if the Services as specified in such Notice and subject amount prepaid by Customer to the terms of this Agreement. Provided Supplier has complied with the foregoing requirements, for Termination/Expiration Assistance does not fully reimburse Supplier will, as full compensation for the suspensionactual fees for the provision of Termination/ NCR and Jabil Confidential 45330990v.3 Expiration Assistance to Customer, be paid (y) a standby charge, in such amount as may be mutually agreed to by the parties, for Supplier to keep its organization, personnel, and equipment committed to the Services on a standby basis, and (z) the actual amount of reasonable out-of-pocket costs incurred by Supplier for demobilizing and remobilizing its personnel and equipment. then Supplier shall invoice Newmont Customer and Customer shall pay Supplier for such costs additional amounts as incurred and Newmont shall pay such costs in accordance with the provisions of this Agreementinvoiced to Customer.

Termination/Expiration. A. Newmont may terminate this Agreement and/or the Services being performed hereunder by giving not less than 30 days’ prior Notice of such termination to Supplier. Upon receipt of such Notice, Supplier shall stop all work related to the terminated Services on the date specified in the Notice. Newmont shall pay Supplier for the applicable Services performed and expenses incurred to the date of such termination, subject to Section 3. Newmont shall not be liable to pay any bonus, damage, or other claim asserted by Supplier for its expected profit on the terminated portion of such Services. B. Within five days after (i1) the expiration or termination of this Agreement, or (ii2) if earlier, the completion of all Services under this Agreement, Supplier shall return to Newmont all identification and access badges, codes, VPN tokens, and similar items provided to Supplier by Newmont in connection with the applicable Services (except to the extent the same are applicable to on- other on-going Servicesservices). C. Newmont may suspend performance of all or any portion of the Services at any time by providing 15 days’ prior Notice of such suspension to Supplier. Upon receipt of such Notice, Supplier shall (i1) cease performance of the Services to the extent specified in the Notice and on the date and time specified, and (ii2) take such other action as is specified in the Notice or as may be necessary to minimize costs associated with the suspension. Upon receipt of a Notice from Newmont to resume the Services, Supplier shall resume performance of the Services as specified in such Notice and subject to the terms of this Agreement. Provided Supplier has complied with the foregoing requirements, Supplier will, as full compensation for the suspension, be paid paid (ya) a standby charge, in such amount as may be mutually agreed to in writing by the parties, for Supplier to keep its organization, personnel, and equipment committed to the Services on a standby basis, and (zb) the actual amount of reasonable out-of-pocket costs incurred by Supplier for demobilizing and remobilizing its personnel and equipment. Supplier shall invoice Newmont for such costs and Newmont shall pay such costs in accordance with the provisions of this Agreement.