Common use of Remedies for Rejection and Termination Clause in Contracts

Remedies for Rejection and Termination. If this Agreement is terminated pursuant to Section 5.3 (Acceptance) above, the parties agree to negotiate in good faith the effect of such termination with respect to the refund by Com21 of any amounts already paid by 3Com under Section 3 (License Fees, Royalties and Reports) above, the portions of the Design Package, if any, to be retained by 3Com and 3Com's right, if any, in such Design Package portions and license fees in connection therewith. If the parties fail to agree on such terms within thirty (30) days of the effective date of termination, Com21 shall refund all amounts already paid by 3Com under Section 3 (License Fees, Royalties and Reports) and 3Com shall have no rights in the Com21 Technology, the Com21 Mongoose Product or the Design Package.

Appears in 2 contracts

Sources: Technology License and Reseller Agreement (Com21 Inc), Technology License and Reseller Agreement (Com21 Inc)