Common use of COMMENCEMENT, DURATION AND TERMINATION Clause in Contracts

COMMENCEMENT, DURATION AND TERMINATION. 22.1. This agreement will come into force on the date it is executed and, without prejudice to the provisions for earlier termination contained in this agreement, it will continue until the end of the Initial Term and shall continue thereafter until terminated by either party by giving to the other party [●] months' notice given in writing to expire on or at any time after the Initial Term. 22.2. This agreement will terminate upon the expiry, earlier revocation or other termination of either party's licence without there being a replacement or other licence to that party to run that party's System. 22.3. If either party ceases to be an Annex II Public Operator:- 22.3.1. the party so ceasing may terminate the agreement by not less than three months' advance written notice; or 22.3.2. the other party may terminate the agreement immediately by written notice. 22.4. The operation of this agreement and all interconnections and/or services or any part of any of them provided under or pursuant to this agreement may be suspended on 30 days' notice by either party in the event that and for so long as the other party will be in material breach of this agreement (including non- payment of any sums due thereunder) and will have failed to remedy such breach within 30 days after receipt of a notice specifying the breach and requiring it to be remedied PROVIDED THAT in case of emergency (including in particular but without limitation, in circumstances where a material breach of this agreement by the Operator may result in damage to or may impair the operation of the VFAT Operator System) such suspension may be implemented without prior notice but in any event, such suspension will only apply to such of the services provided under this agreement as are affected by the emergency. 22.5. This agreement may be terminated immediately by either party: 22.5.1. upon the expiration of [●] months' written notice given by either party to the other at any time following the suspension in accordance with and pursuant to clause 22.4 provided that the other remains in material breach of this Agreement upon such expiry; or 22.5.2. upon the expiration of three months' written notice by the VFAT Operator in respect of [consistent] breaches of the payment provisions set out in clause 7.6 above corresponding to unpaid services for at least 3 consecutive months; or 22.5.3. if either party is prevented from performing all or a substantial part of its obligations under this agreement as a result of an event of force majeure for a period exceeding 60 days for a reason mentioned in clause 14.1; or 22.5.4. by notice in writing to the other if the other ceases to trade or a resolution or petition to wind up the other party is passed or presented (otherwise than for the purposes or reconstruction or amalgamation), or a receiver of any of the other party's assets or undertaking is appointed or if the other party becomes unable to pay its debts within the meaning of any relevant insolvency legislation or other circumstances arise which entitle the court or a creditor to appoint a receiver or administrator or to make a winding-up order in respect of the other party. 22.6. Upon the termination or expiry of this agreement each party will be entitled after reasonable prior notice in writing to the other party to enter the premises of the other party for the purposes of carrying out any necessary disconnection works and repossessing any plant, equipment or apparatus belonging to the party or a third party installed by or for that party provided that the party seeking to enter the premises will give the other reasonable notice requesting that the other party carry out disconnection and return any such plant equipment and apparatus and will only enter the premises if that other party will have failed to do so. The party on whose premises such equipment or apparatus was installed will compensate the other for any such plant equipment apparatus or things belonging to the other or such third party which are not delivered up in good condition (fair wear and tear excepted) and the party carrying out such disconnection works will indemnify the other in respect of any damage thereby caused to the premises fixtures and fittings of such party. Neither party will be responsible for any damage to plant equipment or apparatus belonging to the other or such third party which has been caused by any failure by the other or such third party to perform necessary and timely maintenance. 22.7. Termination or expiry of this agreement will not: 22.7.1. operate as a waiver of any breach by a party of any of the provisions of this agreement and will be without prejudice to any rights, liabilities or obligations of either party which have accrued up to the date of such termination or expiry; or 22.7.2. affect the coming into force or the continuation in force of any provision of this agreement which is expressly or by implication intended to come into force on or after such termination or expiry.

COMMENCEMENT, DURATION AND TERMINATION. 22.1. 12.1 This agreement will come into force shall take effect on the date it is executed and, without prejudice to the provisions for earlier termination contained in this agreement, it will continue until the end of the Initial Term Commencement Date and shall continue thereafter in force for an initial term of 1 Year and indefinitely after that until terminated by either party by giving to the other party [●] at least one months' prior written notice given in writing to expire on or at any time after the Initial Termexpiry date of the initial term. 22.2. This agreement will terminate upon the expiry12.2 Without affecting any other rights or remedies to which it may be entitled, earlier revocation or other termination of either party's licence without there being a replacement or other licence to that party to run that party's System. 22.3. If either party ceases to be an Annex II Public Operator:- 22.3.1. the party so ceasing may terminate the agreement by not less than three months' advance written notice; or 22.3.2. the other party may terminate the agreement immediately by written notice. 22.4. The operation of this agreement and all interconnections and/or services or any part of any of them provided under or pursuant to this agreement may be suspended on 30 days' notice by either party in the event that and for so long as the other party will be in material breach of this agreement (including non- payment of any sums due thereunder) and will have failed to remedy such breach within 30 days after receipt of a notice specifying the breach and requiring it to be remedied PROVIDED THAT in case of emergency (including in particular but without limitation, in circumstances where a material breach of this agreement by the Operator may result in damage to or may impair the operation of the VFAT Operator System) such suspension may be implemented without prior notice but in any event, such suspension will only apply to such of the services provided under this agreement as are affected by the emergency. 22.5. This agreement may be terminated immediately by either party: 22.5.1. upon the expiration of [●] months' written notice given by either party to the other at any time following the suspension in accordance with and pursuant to clause 22.4 provided that the other remains in material breach of this Agreement upon such expiry; or 22.5.2. upon the expiration of three months' written notice by the VFAT Operator in respect of [consistent] breaches of the payment provisions set out in clause 7.6 above corresponding to unpaid services for at least 3 consecutive months; or 22.5.3. if either party is prevented from performing all or a substantial part of its obligations under this agreement as a result of an event of force majeure for a period exceeding 60 days for a reason mentioned in clause 14.1; or 22.5.4. by give notice in writing to the other if terminating this agreement immediately if: (a) the other ceases party fails to trade pay any amount due under this agreement on the due date for payment and remains in default for more than 14 days; (b) the other party commits a material breach of any term of this agreement and (if that breach is remediable) fails to remedy that breach within 30 days of that party being required in writing via email sent to the address indicated in the application form to do so; (c) the other party repeatedly breaches any of the terms of this agreement in a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of this agreement; (d) an order is made or a resolution or petition to wind is passed for the winding up of the other party party, or an order is passed or presented (otherwise than made for the purposes appointment of an administrator to manage the affairs, business and property of the other party, or reconstruction or amalgamation)such an administrator is appointed, or a receiver is appointed of any of the other party's assets or undertaking is appointed undertaking, or if the other party becomes unable to pay its debts within the meaning of any relevant insolvency legislation or other circumstances arise which entitle the a court or a creditor to appoint a receiver or administrator manager or which entitle a court to make a winding-up order order, or the other party takes or suffers any similar or analogous action in respect consequence of debt, or an arrangement or composition is made by the other party with its creditors or an application to a court for protection from its creditors is made by the other party; (e) the other party, being an individual, is the subject of a bankruptcy petition or order, or dies, or, by reason of illness or incapacity (mental or physical), is incapable of managing his own affairs, or becomes a patient under any mental-health legislation; (f) the other party suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its business; (g) there is a change of Control of the other party; or (h) the other party purports to assign or otherwise transfer its rights or obligations under this agreement. 22.6. Upon the termination or expiry of 12.3 Secure Swiss Data may terminate this agreement each party will be entitled after reasonable prior immediately by notice in writing to if the other party to enter the premises of the other party for the purposes of carrying out any necessary disconnection works and repossessing any plant, equipment or apparatus belonging to the party or a third party installed by or for that party provided that the party seeking to enter the premises will give the other reasonable notice requesting that the other party carry out disconnection and return any such plant equipment and apparatus and will only enter the premises if that other party will have failed to do so. The party on whose premises such equipment or apparatus was installed will compensate the other for any such plant equipment apparatus or things belonging to the other or such third party which are not delivered up Partner is in good condition (fair wear and tear excepted) and the party carrying out such disconnection works will indemnify the other in respect of any damage thereby caused to the premises fixtures and fittings of such party. Neither party will be responsible for any damage to plant equipment or apparatus belonging to the other or such third party which has been caused by any failure by the other or such third party to perform necessary and timely maintenance. 22.7. Termination or expiry of this agreement will not: 22.7.1. operate as a waiver of any breach by a party of any of the provisions of its compliance obligations. 12.4 Secure Swiss Data may terminate this agreement and will immediately by notice in writing if: (a) the Partner changes its organisation or methods of business in such a way as in the opinion of Secure Swiss Data to be without prejudice able less effectively to carry out its duties under this agreement; (b) there is a merger or consolidation of the Partner with any rights, liabilities or obligations of either party which have accrued up to the date of such termination or expiryother person; or 22.7.2. affect (c) there is a change of organisation, methods of Control or management of the coming into force or the continuation in force of any provision of this agreement which is expressly or by implication intended to come into force on or after such termination or expiryPartner.

COMMENCEMENT, DURATION AND TERMINATION. 22.1. This agreement will come into force 4.1 The Contract shall commence on the date it that the DVLS is executed and, without prejudice made available to the provisions for Client, subject to valid earlier termination contained in this agreementtermination, it will continue until the end of the Initial Term and shall continue thereafter for an initial period of XX months from that Date; thereafter, the Contract shall renew on each anniversary of such date for a further XX months unless and until terminated cancelled by either party by giving to the other party [●] months' no less than 3 month’s written notice of cancellation, which may be given in writing to expire on or at any time after the Initial Termbut only to be effective on an annual renewal date. 22.2. This agreement will terminate upon the expiry4.2 Without affecting any other right or remedy available to it, earlier revocation or other termination of either party's licence without there being a replacement or other licence to that party to run that party's System. 22.3. If either party ceases to be an Annex II Public Operator:- 22.3.1. the party so ceasing may terminate the agreement by not less than three months' advance written notice; or 22.3.2. the other party may terminate the agreement immediately Contract with immediate effect by giving written notice. 22.4. The operation of this agreement and all interconnections and/or services or any part of any of them provided under or pursuant notice to this agreement may be suspended on 30 days' notice by either party in the event that and for so long as the other party will be in if: (a) the other party commits a material breach of this agreement any term of the Contract and (including non- payment of any sums due thereunderif such a breach is remediable) and will have failed fails to remedy such that breach within 30 days after receipt of that party being notified in writing to do so; (b) the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a notice specifying the breach and requiring it solvent restructuring), having a receiver appointed to be remedied PROVIDED THAT in case any of emergency its assets or ceasing to carry on business; (including in particular but without limitation, in circumstances where a material breach of this agreement by the Operator may result in damage to or may impair the operation of the VFAT Operator Systemc) such suspension may be implemented without prior notice but in any event, such suspension will only apply to such of the services provided under this agreement as are affected by the emergency. 22.5. This agreement may be terminated immediately by either party: 22.5.1. upon the expiration of [●] months' written notice given by either party to the other at any time following the suspension in accordance with and pursuant party suspends, or threatens to clause 22.4 provided that the other remains in material breach of this Agreement upon such expiry; or 22.5.2. upon the expiration of three months' written notice by the VFAT Operator in respect of [consistent] breaches of the payment provisions set out in clause 7.6 above corresponding suspend, or ceases or threatens to unpaid services for at least 3 consecutive months; or 22.5.3. if either party is prevented from performing cease to carry on all or a substantial part of its obligations under this agreement as a result of an event of force majeure for a period exceeding 60 days for a reason mentioned in clause 14.1business; or 22.5.4(d) the other party’s financial position deteriorates to such an extent that in the terminating party’s opinion the other party’s capability to adequately fulfil its obligations under the Contract has been placed in jeopardy. 4.3 Without affecting any other right or remedy available to it, the Company may terminate the Contract with immediate effect by giving written notice to the Client if: (a) the Client fails to pay any amount due under the Contract on the due date for payment; or (b) the Client notifies the Company upon the occurrence of a Change of Control which it is obliged to do immediately. Upon notification of a Change of Control in the Client, the Company reserves the right to terminate the Contract by notice in writing to the other if Client within 26 weeks of being notified that a Change of Control has occurred. 4.4 The Company obtains Data from DVLA under the other ceases terms of its contract with DVLA as amended or varied from time to trade or a resolution or petition to wind up time (the other party is passed or presented (otherwise than for “ADD Contract”). In the purposes or reconstruction or amalgamation), or a receiver event of any termination of the other party's assets or undertaking is appointed or if ADD Contract, the other party becomes unable to pay Company may at its debts within the meaning of any relevant insolvency legislation or other circumstances arise which entitle the court or a creditor to appoint a receiver or administrator or to make a winding-up order in respect of the other party. 22.6. Upon the termination or expiry of own discretion immediately terminate this agreement each party will be entitled after reasonable prior Contract by notice in writing to the other party to enter the premises of the other party for the purposes of carrying out any necessary disconnection works and repossessing any plant, equipment or apparatus belonging to the party or a third party installed by or for that party provided that the party seeking to enter the premises will give the other reasonable notice requesting that the other party carry out disconnection and return any such plant equipment and apparatus and will only enter the premises if that other party will have failed to do so. The party on whose premises such equipment or apparatus was installed will compensate the other for any such plant equipment apparatus or things belonging to the other or such third party which are not delivered up in good condition (fair wear and tear excepted) and the party carrying out such disconnection works will indemnify the other in respect of any damage thereby caused to the premises fixtures and fittings of such party. Neither party will be responsible for any damage to plant equipment or apparatus belonging to the other or such third party which has been caused by any failure by the other or such third party to perform necessary and timely maintenanceClient. 22.7. Termination or expiry of this agreement will not: 22.7.1. operate as a waiver of any breach by a party of any of the provisions of this agreement and will be without prejudice to any rights, liabilities or obligations of either party which have accrued up to the date of such termination or expiry; or 22.7.2. affect the coming into force or the continuation in force of any provision of this agreement which is expressly or by implication intended to come into force on or after such termination or expiry.

COMMENCEMENT, DURATION AND TERMINATION. 22.1. This agreement will come into force 4.1 The Contract shall commence on the date it that the DVLS is executed and, without prejudice made available to the provisions for Client, subject to valid earlier termination contained in this agreementtermination, it will continue until the end of the Initial Term and shall continue thereafter for an initial period of XX months from that Date; thereafter, the Contract shall renew on each anniversary of such date for a further 12 months unless and until terminated cancelled by either party by giving to the other party [●] months' no less than 3 month’s written notice of cancellation, which may be given in writing to expire on or at any time after the Initial Termbut only to be effective on an annual renewal date. 22.2. This agreement will terminate upon the expiry4.2 Without affecting any other right or remedy available to it, earlier revocation or other termination of either party's licence without there being a replacement or other licence to that party to run that party's System. 22.3. If either party ceases to be an Annex II Public Operator:- 22.3.1. the party so ceasing may terminate the agreement by not less than three months' advance written notice; or 22.3.2. the other party may terminate the agreement immediately Contract with immediate effect by giving written notice. 22.4. The operation of this agreement and all interconnections and/or services or any part of any of them provided under or pursuant notice to this agreement may be suspended on 30 days' notice by either party in the event that and for so long as the other party will be in if: (a) the other party commits a material breach of this agreement any term of the Contract and (including non- payment of any sums due thereunderif such a breach is remediable) and will have failed fails to remedy such that breach within 30 days after receipt of that party being notified in writing to do so; (b) the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a notice specifying the breach and requiring it solvent restructuring), having a receiver appointed to be remedied PROVIDED THAT in case any of emergency its assets or ceasing to carry on business; (including in particular but without limitation, in circumstances where a material breach of this agreement by the Operator may result in damage to or may impair the operation of the VFAT Operator Systemc) such suspension may be implemented without prior notice but in any event, such suspension will only apply to such of the services provided under this agreement as are affected by the emergency. 22.5. This agreement may be terminated immediately by either party: 22.5.1. upon the expiration of [●] months' written notice given by either party to the other at any time following the suspension in accordance with and pursuant party suspends, or threatens to clause 22.4 provided that the other remains in material breach of this Agreement upon such expiry; or 22.5.2. upon the expiration of three months' written notice by the VFAT Operator in respect of [consistent] breaches of the payment provisions set out in clause 7.6 above corresponding suspend, or ceases or threatens to unpaid services for at least 3 consecutive months; or 22.5.3. if either party is prevented from performing cease to carry on all or a substantial part of its obligations under this agreement as a result of an event of force majeure for a period exceeding 60 days for a reason mentioned in clause 14.1business; or 22.5.4(d) the other party’s financial position deteriorates to such an extent that in the terminating party’s opinion the other party’s capability to adequately fulfil its obligations under the Contract has been placed in jeopardy. 4.3 Without affecting any other right or remedy available to it, the Company may terminate the Contract with immediate effect by giving written notice to the Client if: (a) the Client fails to pay any amount due under the Contract on the due date for payment; or (b) the Client notifies the Company upon the occurrence of a Change of Control which it is obliged to do immediately. Upon notification of a Change of Control in the Client, the Company reserves the right to terminate the Contract by notice in writing to the other if Client within 26 weeks of being notified that a Change of Control has occurred. 4.4 The Company obtains Data from DVLA under the other ceases terms of its contract with DVLA as amended or varied from time to trade or a resolution or petition to wind up time (the other party is passed or presented (otherwise than for “ADD Contract”). In the purposes or reconstruction or amalgamation), or a receiver event of any termination of the other party's assets or undertaking is appointed or if ADD Contract, the other party becomes unable to pay Company may at its debts within the meaning of any relevant insolvency legislation or other circumstances arise which entitle the court or a creditor to appoint a receiver or administrator or to make a winding-up order in respect of the other party. 22.6. Upon the termination or expiry of own discretion immediately terminate this agreement each party will be entitled after reasonable prior Contract by notice in writing to the other party to enter the premises of the other party for the purposes of carrying out any necessary disconnection works and repossessing any plant, equipment or apparatus belonging to the party or a third party installed by or for that party provided that the party seeking to enter the premises will give the other reasonable notice requesting that the other party carry out disconnection and return any such plant equipment and apparatus and will only enter the premises if that other party will have failed to do so. The party on whose premises such equipment or apparatus was installed will compensate the other for any such plant equipment apparatus or things belonging to the other or such third party which are not delivered up in good condition (fair wear and tear excepted) and the party carrying out such disconnection works will indemnify the other in respect of any damage thereby caused to the premises fixtures and fittings of such party. Neither party will be responsible for any damage to plant equipment or apparatus belonging to the other or such third party which has been caused by any failure by the other or such third party to perform necessary and timely maintenanceClient. 22.7. Termination or expiry of this agreement will not: 22.7.1. operate as a waiver of any breach by a party of any of the provisions of this agreement and will be without prejudice to any rights, liabilities or obligations of either party which have accrued up to the date of such termination or expiry; or 22.7.2. affect the coming into force or the continuation in force of any provision of this agreement which is expressly or by implication intended to come into force on or after such termination or expiry.

COMMENCEMENT, DURATION AND TERMINATION. 22.18.1. This agreement will come into force shall commence on the date it is executed and, without prejudice to the provisions for earlier termination contained in this agreement, it will continue until the end of the Initial Term Commencement Date and shall continue thereafter until terminated by either in accordance with this clause 9. 8.2. Without affecting any other right or remedy available to it, a party by may terminate this agreement on giving no less than 12 months’ written notice to the other party. 8.3. Without affecting any other right or remedy available to it, either party [●] months' may terminate this agreement with immediate effect by giving written notice given to the other party: 8.3.1. if the other party commits a material breach of any term of this agreement which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 28 days after being notified in writing to expire on do so; 8.3.2. if the other party repeatedly breaches any of the terms of this agreement in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or at any time after ability to give effect to the Initial Term.terms of this agreement; 22.2. This agreement will terminate upon the expiry, earlier revocation or other termination of either party's licence without there being a replacement or other licence to that party to run that party's System. 22.3. If either party ceases to be an Annex II Public Operator:- 22.3.1. the party so ceasing may terminate the agreement by not less than three months' advance written notice; or 22.3.28.3.3. the other party may terminate the agreement immediately by written notice. 22.4. The operation of this agreement and all interconnections and/or services suspends, or any part of any of them provided under or pursuant threatens to this agreement may be suspended on 30 days' notice by either party in the event that and for so long as the other party will be in material breach of this agreement (including non- suspend, payment of any sums its debts or is unable to pay its debts as they fall due thereunder) and will have failed or admits inability to remedy such breach within 30 days after receipt of a notice specifying the breach and requiring it to be remedied PROVIDED THAT in case of emergency (including in particular but without limitation, in circumstances where a material breach of this agreement by the Operator may result in damage to pay its debts or may impair the operation of the VFAT Operator System) such suspension may be implemented without prior notice but in any event, such suspension will only apply to such of the services provided under this agreement as are affected by the emergency. 22.5. This agreement may be terminated immediately by either party: 22.5.1. upon the expiration of [●] months' written notice given by either party to the other at any time following the suspension in accordance with and pursuant to clause 22.4 provided that the other remains in material breach of this Agreement upon such expiry; or 22.5.2. upon the expiration of three months' written notice by the VFAT Operator in respect of [consistent] breaches of the payment provisions set out in clause 7.6 above corresponding to unpaid services for at least 3 consecutive months; or 22.5.3. if either party is prevented from performing all or a substantial part of its obligations under this agreement as a result of an event of force majeure for a period exceeding 60 days for a reason mentioned in clause 14.1; or 22.5.4. by notice in writing to the other if the other ceases to trade or a resolution or petition to wind up the other party is passed or presented (otherwise than for the purposes or reconstruction or amalgamation), or a receiver of any of the other party's assets or undertaking is appointed or if the other party becomes deemed unable to pay its debts within the meaning of section 123 of the Insolvency ▇▇▇ ▇▇▇▇ as if the words "it is proved to the satisfaction of the court" did not appear in sections 123(1)(e) or 123(2) of the Insolvency ▇▇▇ ▇▇▇▇; 8.3.4. if the other party commences negotiations with all or any relevant insolvency legislation class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors other circumstances arise which entitle than for the court sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party; 8.3.5. if a creditor petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of that other party (being a company, limited liability partnership or partnership) other than for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party; 8.3.6. if an application is made to court, or an order is made, for the appointment of an administrator, or if a notice of intention to appoint an administrator is given or if an administrator is appointed, over the other party; 8.3.7. if the holder of a qualifying floating charge over the assets of that other party has become entitled to appoint or has appointed an administrative receiver; 8.3.8. if a person becomes entitled to appoint a receiver over the assets of the other party or administrator or to make a winding-up order in respect receiver is appointed over the assets of the other party.; 22.68.3.9. Upon if a creditor or encumbrancer of the termination other party attaches or expiry takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of this agreement each party will be entitled after reasonable prior notice in writing the other party's assets and such attachment or process is not discharged within 14 days; 8.3.10. if any event occurs, or proceeding is taken, with respect to the other party in any jurisdiction to enter which it is subject that has an effect equivalent or similar to any of the premises of events mentioned above; 8.3.11. if the other party for the purposes of suspends or ceases, or threatens to suspend or cease, carrying out any necessary disconnection works and repossessing any plant, equipment or apparatus belonging to the party on all or a third party installed by or for that party provided that the party seeking to enter the premises will give the other reasonable notice requesting that the other party carry out disconnection and return any such plant equipment and apparatus and will only enter the premises if that other party will have failed to do so. The party on whose premises such equipment or apparatus was installed will compensate the other for any such plant equipment apparatus or things belonging to the other or such third party which are not delivered up in good condition (fair wear and tear excepted) and the party carrying out such disconnection works will indemnify the other in respect substantial part of any damage thereby caused to the premises fixtures and fittings of such party. Neither party will be responsible for any damage to plant equipment or apparatus belonging to the other or such third party which has been caused by any failure by the other or such third party to perform necessary and timely maintenanceits business. 22.7. Termination or expiry of this agreement will not: 22.7.1. operate as a waiver of any breach by a party of any of the provisions of this agreement and will be without prejudice to any rights, liabilities or obligations of either party which have accrued up to the date of such termination or expiry; or 22.7.2. affect the coming into force or the continuation in force of any provision of this agreement which is expressly or by implication intended to come into force on or after such termination or expiry.