Common use of Termination of Related Agreements Clause in Contracts

Termination of Related Agreements. 11.4.1. If the Concurrent Agreement (as defined below) is terminated by MEC pursuant to Section 12.1 thereof as a result of a breach by KO, then XXX shall have the option to terminate this Agreement upon ninety (90) days written notice to KO, which option may be exercised within one hundred twenty (120) days of the occurrence of such termination by written notice by XXX to KO. Any such termination shall be effective ninety (90) days after KO’s receipt of MEL’s written notice of termination, and XXX shall not be liable to KO or otherwise obligated to pay to KO any Aggregate Termination Fee or other amount by reason of such termination for compensation, reimbursement or damages of whatsoever nature including, for (i) loss of prospective compensation or earnings, (ii) goodwill or loss thereof, or (iii) expenditures, investments, leases or any type of commitment made in connection with the business of KO or in reliance on the existence of this Agreement. MEL’s right to terminate this Agreement under this Section 11.4.1 shall be independent of any other rights or remedies of XXX under this Agreement. The “Concurrent Agreement” means the Amended and Restated Monster Energy Distribution Coordination Agreement dated concurrently herewith between KO and MEC.

Termination of Related Agreements. 11.4.1. If the Concurrent Agreement (as defined below) is terminated by MEC pursuant to Section 12.1 thereof as a result of a breach by KO, then XXX shall have the option to terminate this Agreement upon ninety (90) days written notice to KO, which option may be exercised within one hundred twenty (120) days of the occurrence of such termination by written notice by XXX MEC to KO. Any such termination shall be effective ninety (90) days after KO’s receipt of MEL’s written notice of termination, and XXX shall not be liable to KO or otherwise obligated to pay to KO any Aggregate Termination Fee (as defined below) or other amount by reason of such termination for compensation, reimbursement or damages of whatsoever nature including, for (ia) loss of prospective compensation or earnings, (iib) goodwill or loss thereof, or (iiic) expenditures, investments, leases or any type of commitment made in connection with the business of KO or in reliance on the existence of this Agreement. MEL’s right to terminate this Agreement under this Section 11.4.1 shall be independent of any other rights or remedies of XXX under this Agreement. The “Concurrent Agreement” means the Amended and Restated Monster Energy Distribution Coordination Agreement dated concurrently herewith between KO and MEC.