Common use of Termination of Reseller Track Appendix by Red Hat or Partner Clause in Contracts

Termination of Reseller Track Appendix by Red Hat or Partner. Red Hat or Partner may (without prejudice to any other right or remedy) terminate this Reseller Track Appendix pursuant to Section 13.1 of the Agreement. Termination of this Reseller Track Appendix shall not affect any pre­existing agreements between the Parties, nor any End User Enterprise Agreement. Termination of this Reseller Track Appendix for any reason will immediately terminate Partner’s participation in the Reseller Track, including all eligibility for Reseller Track benefits. Unless otherwise authorized under a separate Track Appendix, upon such termination, Partner will immediately (i) cease referring to itself as a Red Hat Business Partner, and using that title in any communication and advertising; (ii) cease all promotion, demonstration, sale and distribution of the Red Hat Products; (iii) cease all use of the Red Hat Marks, (iv) return or destroy, at Red Hat’s option, all printed materials containing such Red Hat Marks, including all documentation and Promotional Materials. Partner will remit all fees due to Red Hat under this Reseller Track Appendix within fifteen (15) days of such termination; provided, however, that Partner will be entitled to sell any of its inventory of Red Hat Products for which Red Hat has been fully paid and that are required to fulfill any unperformed contracts of Partner outstanding at the date of termination. All rights and obligations of the Parties under this Reseller Track Appendix will terminate immediately, except that Partner payment obligations under this Reseller Track Appendix will survive such termination. Termination of this Reseller Track Appendix will not operate to terminate the Agreement or any special bid or other Procurement Document under the Agreement and the terms and conditions of the Agreement and this Reseller Track Appendix will continue in full force and effect to the extent necessary to give effect to any special bid or other Procurement Document in effect at the time of termination of this Reseller Track Appendix and until such time as the special bid or other Procurement Document expires.

Termination of Reseller Track Appendix by Red Hat or Partner. Red Hat or Partner may (without prejudice to any other right or remedy) terminate this Reseller Track Appendix pursuant to Section 13.1 of the Agreement. Termination of this Reseller Track Appendix shall not affect any pre­existing pre-existing agreements between the Parties, nor any End User Enterprise Agreement. Termination of this Reseller Track Appendix for any reason will immediately terminate Partner’s participation in the Reseller Track, including all eligibility for Reseller Track benefits. Unless otherwise authorized under a separate Track Appendix, upon such termination, Partner will immediately (i) cease referring to itself as a Red Hat Business Partner, and using that title in any communication and advertising; (ii) cease all promotion, demonstration, sale and distribution of the Red Hat Products; (iii) cease all use of the Red Hat Marks, (iv) return or destroy, at Red Hat’s option, all printed materials containing such Red Hat Marks, including all documentation and Promotional Materials. Partner will remit all fees due to Red Hat under this Reseller Track Appendix within fifteen (15) days of such termination; provided, however, that Partner will be entitled to sell any of its inventory of Red Hat Products for which Red Hat has been fully paid and that are required to fulfill any unperformed contracts of Partner outstanding at the date of termination. All rights and obligations of the Parties under this Reseller Track Appendix will terminate immediately, except that Partner payment obligations under this Reseller Track Appendix will survive such termination. Termination of this Reseller Track Appendix will not operate to terminate the Agreement or any special bid or other Procurement Document under the Agreement and the terms and conditions of the Agreement and this Reseller Track Appendix will continue in full force and effect to the extent necessary to give effect to any special bid or other Procurement Document in effect at the time of termination of this Reseller Track Appendix and until such time as the special bid or other Procurement Document expires.