Common use of Calculation of Termination Payment Clause in Contracts

Calculation of Termination Payment. The non-defaulting Party shall calculate, in a commercially reasonable manner, the losses, costs and gains incurred or not realized as a result of the termination of the Agreement. To the extent the non-defaulting Party’s losses and costs, net of gains, are greater than zero, there shall be a termination payment due to the non-defaulting Party from the defaulting Party in an amount equal to the non-defaulting Party’s losses and costs, net of gains, which shall be the termination payment.

Calculation of Termination Payment. The non-defaulting Party shall calculate, in a commercially reasonable manner, the lossesLosses, costs Costs, and gains Gains, incurred or not realized as a result of the termination of the Agreement. To the extent the non-defaulting Party’s losses Losses and costsCosts, net of gainsGains, are greater than zero, there shall be a termination payment due to the non-defaulting Party from the defaulting Party in an amount equal to the non-defaulting Party’s losses Losses and costsCosts, net of gains, which shall be the termination paymentGains (“Termination Payment”).