Consequences of Termination and Client’s rights. Without prejudice to GC 20.5, upon termination, the Client shall be entitled, but not have the obligation, to: (A) complete the Products, itself or engage any other contractor to do so for the Client’s own benefit and (B) request the Contractor to assign (and, if so, the Contractor shall thereupon assign) to the Client the benefit of any agreement for the supply of any Products or Equipment including any associated guarantees and warranties which the Contractor may have entered into for the purpose of the Agreement and title to all Products, Equipment and other assets which are vested in the Contractor at that time and have been acquired by the Contractor for the purposes of the performance of the Agreement, including any right that is the subject matter of GC 13 Contractor acknowledges that in principle the benefits of all abovementioned agreements will be assignable, and it will use its best efforts to make all such agreements assignable as regards their benefits; and (C) suspend any further payment to the Contractor, In case the Client decides to make good and complete the Products, the Client shall be entitled to the reimbursement by the Contractor of the extra costs (i.e. the total cost incurred by the Client for the Making Good and realization of the Products, less the price of the Agreement). Upon the Client’s request, the Contractor shall immediately pay the extra costs increased by ten (10) % for management costs to the Client. The reimbursement of the extra costs shall be free of any withholding taxes, taxes, or other charges. To the extent that the title has not yet been transferred to the Client in accordance with GC 10, the Contractor shall transfer or assign to the Client, as the Client shall direct, all the Contractor’s rights, title and interests in and to the Products and the Equipment which the Client is required to pay for according to the above. If the amounts already paid by Client to Contractor under the Agreement are higher than the Ending Value, Contractor shall promptly reimburse to Client the difference between the already paid amount under the Agreement and the Ending Value. If the amounts already paid by Client to Contractor under the Agreement are lower than the termination fee, Client shall pay the difference between the Ending Value and the amounts already paid under the Agreement.
Appears in 2 contracts
Sources: Supply Agreement, Supply Agreement