Common use of Termination, Rescission Clause in Contracts

Termination, Rescission. 16.1 Unless the contrary has been agreed upon between the parties, the Company may ordinarily terminate the contract in 16.2 Each contracting party is entitled to terminate the agreement for good cause, provided the respective statutory requirements for this are met, such as for continuing obligations as per § 314 BGB or services within the scope of work contracts as per § 648a BGB. A good cause for termination by the Company also exists when: 16.3 In cases of termination for good cause as per No. 16.2, the services verifiably performed by the Contractor in line with the contract up to the time of the cancellation shall be remunerated upon submission of the relevant receipts. Payments already made by the Company shall be offset against the payment or refunded in cases of overpayment. The Company´s further statutory rights and claims in particular with regard to damage compensation, shall remain unaffected. 16.4 In case the contract is terminated, the Contractor shall immediately furnish the Company forthwith the models, samples, drawings, data, materials and other documents prepared for the Company in executing the contract and grant to him the rights of use thereto as stated in paragraph 17. 16.5 In case the contract is terminated, the Company will inform the Contractor if and to what extent services not yet completed shall be completed by Contractor. The terms and conditions of the respective contract shall apply to the completion of such outstanding services. 16.6 In case the contract is terminated, the Company shall compensate Contractor equitably the prorated remuneration for the part of the services actually performed up to the date of termination and documented and proven by Contractor to be in accordance with the contract. 16.7 Each party shall immediately inform the other party about any necessary expected postponements of training services. If the Company is responsible for the postponement and if a new date is agreed for the training performance, the special terms for the termination of contracts for the provision of training services defined in Section 16.6, Paragraphs 2 and 3 shall apply. 16.8 The cancellation or other termination of the contract shall not affect the rights of the Company according to Section 11 (IPR infringement), Section 17 (Rights of Use), Section 18 (Documents, Confidentiality) and Sections 19.3 and 19.4.

Termination, Rescission. 16.1 Unless the contrary has been agreed upon between the parties, the Company may ordinarily terminate the contract inin whole or in part with a notice period of one (1) month to the end of the month without giving any reason. Company may terminate contracts (order call-off) concerning the provision of training services at any time up to the completion of the relevant training. 16.2 Each contracting party is entitled to terminate the agreement for good cause, provided the respective statutory requirements for this are met, such as for continuing obligations as per § 314 BGB or services within the scope of work contracts as per § 648a BGB. A good cause for termination by the Company also exists when:contracts 16.3 In cases of termination for good cause as per No. 16.2, the services verifiably performed by the Contractor in line with the contract up to the time of the cancellation shall be remunerated upon submission of the relevant receipts. Payments already made by the Company shall be offset against the payment or refunded in cases of overpayment. The Company´s further statutory rights and claims in particular with regard to damage compensation, shall remain unaffected. 16.4 In case the contract is terminated, the Contractor shall immediately furnish the Company forthwith the models, samples, drawings, data, materials and other documents prepared for the Company in executing the contract and grant to him the rights of use thereto as stated in paragraph 17. 16.5 In case the contract is terminated, the Company will inform the Contractor if and to what extent services not yet completed shall be completed by Contractor. The terms and conditions of the respective contract shall apply to the completion of such outstanding services. 16.6 In case the contract is terminated, the Company shall compensate Contractor equitably the prorated remuneration for the part of the services actually performed up to the date of termination and documented and proven by Contractor to be in accordance with the contract. 16.7 Each party shall immediately inform the other party about any necessary expected postponements of training services. If the Company is responsible for the postponement and if a new date is agreed for the training performance, the special terms for the termination of contracts for the provision of training services defined in Section 16.6, Paragraphs 2 and 3 shall apply. 16.8 The cancellation or other termination of the contract shall not affect the rights of the Company according to Section 11 (IPR infringement), Section 17 (Rights of Use), Section 18 (Documents, Confidentiality) and Sections 19.3 and 19.4.

Termination, Rescission. 16.1 Unless 9.1 This Agreement may be terminated by any of the contrary has been agreed Parties, at any time, upon between the parties, the Company may ordinarily terminate the contract in 16.2 Each contracting party is entitled to terminate the agreement for good cause, provided the respective statutory requirements for this are met, such as for continuing obligations as per § 314 BGB or services within the scope of work contracts as per § 648a BGB. A good cause for termination by the Company also exists when: 16.3 In cases of termination for good cause as per No. 16.2, the services verifiably performed by the Contractor in line with the contract up written notice to the time other Party, at least [*****] days before, free of encumbrances, fines, or penalties. 9.2 The CLIENTS shall pay to the SERVICE PROVIDER the prorated amount of the cancellation shall be remunerated upon submission of the relevant receipts. Payments already made by the Company shall be offset against the payment or refunded in cases of overpayment. The Company´s further statutory rights and claims in particular with regard to damage compensation, shall remain unaffected. 16.4 In case the contract is terminated, the Contractor shall immediately furnish the Company forthwith the models, samples, drawings, data, materials and other documents prepared for the Company in executing the contract and grant to him the rights of use thereto as stated in paragraph 17. 16.5 In case the contract is terminated, the Company will inform the Contractor if and to what extent services not yet completed shall be completed by Contractor. The terms and conditions of the respective contract shall apply to the completion of such outstanding services. 16.6 In case the contract is terminated, the Company shall compensate Contractor equitably the prorated remuneration for the part of the services actually performed up to Services provided until the date of termination termination. 9.3 Any Party may terminate this Agreement at any time, regardless of judicial or extrajudicial notice, not being required to pay indemnification in the following events: a) Insolvency, bankruptcy, financial restructuring, or similar procedure, which may jeopardize the performance of the obligations undertaken herein. b) Occurrence of Act of God or Force Majeure interrupting the performance of this Agreement for a period longer than [*****] days. 9.4 Any Party may also lawfully terminate this Agreement at any time upon simple written notice, without prejudice to the losses and documented and proven damages that it may have suffered, in the following events: a) default or the full or partial non-compliance with any of the clauses in this Agreement, in case it is not remedied within the period set forth in section 8.1 above; b) negligence, recklessness, unskillfulness, or unwillingness by Contractor to be the SERVICE PROVIDER, on its own account or on the account of Employees allocated in accordance the provision of the Services subject matter hereof; and c) Non-compliance by the SERVICE PROVIDER with the contract. 16.7 Each party shall immediately inform recommendation in data provided by the other party about any necessary expected postponements of training services. If the Company is responsible for the postponement and if a new date is agreed for the training performance, the special terms for the termination of contracts CLIENTS for the provision of training services defined in Section 16.6, Paragraphs 2 and 3 shall applyServices. 16.8 9.5 Upon termination hereof, the CLIENTS may promptly assign the completion of the Services herein hired to whoever is convenient, at its sole discretion and not being required to consult with the SERVICE PROVIDER, which includes, but is not limited to, third parties who are direct competitors of the SERVICE PROVIDER. 9.6 In the event of termination, all the material held by the SERVICE PROVIDER must be returned to the CLIENTS. 9.7 In any event of contractual termination, the Services prepared or that were under preparation by the SERVICE PROVIDER shall be passed on to the ownership of the CLIENTS until the termination date. 9.8 The cancellation or other termination of the contract any Proposal shall not affect result in the automatic termination of this Agreement or any other Proposals in progress. However, the termination of this Agreement shall result in the termination of all Proposals in progress, subject to the right of the SERVICE PROVIDER of receiving payment due for the Services provided, and subject to the right of the CLIENTS of having the Services set forth in the ongoing Proposal completed, if it is their intention. 9.9 It is hereby agreed that the SERVICE PROVIDER shall expressly waive the rights of to withhold documents owned by the Company according to Section 11 (IPR infringement)CLIENTS as from the termination notice, Section 17 (Rights of Use), Section 18 (Documents, Confidentiality) and Sections 19.3 and 19.4even if the CLIENTS considers the reason for termination insufficient.