Common use of POST TERM OBLIGATIONS Clause in Contracts

POST TERM OBLIGATIONS. (a) Following the Term, Quest Diagnostics agrees to continue to provide Data, as applicable, to SmithKline ▇▇▇▇▇▇▇ otherwise in accordance the terms of this Agreement for up to 12 months following such expiration for the sole purpose of allowing SmithKline ▇▇▇▇▇▇▇ to continue providing existing programs or services to Third Parties to the extent SmithKline ▇▇▇▇▇▇▇'▇ contractual obligations as of the expiration of the Term to provide such programs or services extend past the expiration of this Agreement; PROVIDED, HOWEVER, that Quest Diagnostics has no such obligation in the event Quest Diagnostics terminates this Agreement pursuant to Section 9.03. Fees for providing such continued use of Data will be determined in accordance with Article VIII as if such Data is being provided during a Renewal Term. (b) Upon termination of this Agreement, both parties shall have the right to retain any sums already paid by the other party hereunder, and each party shall pay all sums accrued hereunder which are then due. (c) Upon termination of this Agreement, SmithKline ▇▇▇▇▇▇▇, its Affiliates and its sublicensees shall have the non-exclusive, perpetual, royalty-free, worldwide right and license to use Data previously received by them under Article III and/or Article IV. (d) Expiration or termination of this Agreement in accordance with the provisions hereof shall not limit remedies which may be otherwise available in law or equity. (e) Upon expiration or termination of this Agreement, this Agreement shall be of no further force or effect, except for (i) any obligations or liabilities of either party then accrued and unpaid or not performed and (ii) Articles V and XI, and Sections 3.01, 4.01, 4.03, 12.03, 12.07, 12.15, 12.16, 12.17 and this Section 9.04 shall survive such expiration or termination. Notwithstanding the foregoing, during the twelve-month period contemplated by Section 9.04(a), the terms of this Agreement shall remain in effect except as contemplated by this Section 9.04.