VARIATION OR TERMINATION. 15.1. The VSC may vary or terminate this Agreement without the consent of the RTO at any time and for any reason, by giving written notice to the RTO. 15.2. Unless, at the time of giving notice of the variation or termination, the RTO is in default under this Agreement, the RTO is entitled to payment in accordance with this Agreement for Services provided to the date of variation or termination together with reasonable loss and expense, incurred as a consequence of the variation or termination of the Agreement. 15.3. The RTO is not entitled to any payment for loss of anticipated profits resulting from the variation or termination. 15.4. In determining the loss and expense for the purposes of clause 15.2, the RTO's actions in mitigating the consequences of the variation or termination will be taken into account. 15.5. In the event of a variation or termination under this clause, the RTO remains liable to the VSC under this Agreement in respect of Services provided prior to and including the date of variation or termination (including completion of the Services beyond the date of termination for those Services commenced and not completed as at the date of termination).
Appears in 5 contracts
Samples: Funding Agreement, Funding Agreement, Funding Agreement
