Common use of CONTRACTUAL TERMINATION Clause in Contracts

CONTRACTUAL TERMINATION. (1) The Licensee may order, advertise and sell licensed products labelled with the licensed item up to such time as the Agreement expires. This shall also apply where the Agreement is terminated without notice by XertifiX e.V. Where the Agreement is terminated with due notice, the contractual parties shall negotiate on possibilities for selling off licensed products which the Licensee has on stock at the time of contractual termination or licensed products for which the Licensee has entered into purchase commitments which have already become binding at the time of contractual termination and can no longer be unilaterally revoked. The Licensee may not advertise licensed products after contractual termination. (2) At Agreement termination, the Licensee has to give a final account within 30 days after receiving the last authorised delivery detailed under § 5 (3) additional to the defined sell-out period detailed under 9 (1). At the same time he has to pay the resulting premiums and licence fees. In case of a termination without previous notice by XertifiX e.V. he does not have the right to netting or retaining. (3) At such time as contractual relations expire, the Licensee shall return all documents (printed forms, advertising material, stickers showing the licensed item and suchlike) to XertifiX e.V. at no cost. Alternatively, if XertifiX e.V. so wishes, the Licensee may be instructed to destroy such documents and provide XertifiX e.V. with evidence that this has been carried out accordingly. The Licensee has no right of retention in this regard.