Common use of Effect of Termination Clause in Contracts

Effect of Termination. 9.1 If Pathe shall terminate this Agreement: (a) Pathe shall be entitled to take possession of all or any part of the Delivery Materials delivered to the Distributor and any and all materials manufactured from them; (b) all rights licensed to Distributor herein shall automatically and immediately revert to Pathe and Pathe shall be entitled to the entire benefit of all contracts entered into by Distributor for the purpose of exploiting the Rights granted herein (the “Distributor's Contracts”) which shall be deemed to have been assigned and vest automatically and immediately in Pathe and Pathe shall also be entitled to take possession of all records business information and other documents relating to the Distributor's Contracts; (c) as successor in title of the Distributor Pathe shall be entitled to service and otherwise fulfil the Distributor's Contracts or such of them as Pathe may in its absolute discretion think fit; (d) Pathe shall be entitled to receive and recover from the exhibitors and/or distributors as appropriate all money payable or to become payable under the Distributor's Contracts which moneys shall belong to and be retained by Pathe for its own use and benefit absolutely; (e) notwithstanding Pathe's election to terminate this Agreement, Pathe shall be entitled to retain for its own account by way of liquidated damages any moneys previously paid by Distributor to Pathe without prejudice to such other rights and remedies which Pathe may have whether at law or in equity. 9.2 The Distributor undertakes to do any and all acts and execute any and all documents in such manner and at such location as may be required by Pathe in its sole discretion to protect perfect or enforce any of the rights granted or confirmed to Pathe pursuant to this Agreement (including, without limitation, in the event of any termination). As security for the performance by the Distributor of the Distributor's obligations under this Agreement if the Distributor shall have failed following fourteen (14) days' notice from Pathe to execute any document or perform any act required pursuant to this Agreement Pathe shall have the right to do so in the place and stead of the Distributor as the lawfully appointed attorney of the Distributor and the Distributor undertakes and warrants to confirm and ratify and be bound by any and all of the actions of Pathe pursuant to this Clause and such authority and appointment shall be a power coupled with an interest and shall be irrevocable.