Common use of Right to Terminate and Cancel Clause in Contracts

Right to Terminate and Cancel. 13.1 In addition to any rights provided by law to withdraw from or cancel a contract, the Customer may cancel the contract in whole or in part in case (a) the Supplier is in delay with its delivery or service, and such delay – despite a corresponding reminder by the Customer – persists for more than 2 weeks after receipt of such reminder or in case (b) that adherence to the contract by the Customer cannot reasona- ▇▇▇ be expected from the Customer because of a reason attribut- able to the Supplier and taking into consideration the circum- stances of the case and both parties` interests. This might, in par- ticular, apply in case of an actual or possible deterioration of Sup- plier’s financial situation thus threatening the due fulfillment of Supplier’s obligations under the contract. (c) The Supplier fails to comply with any of its Tax or Social Security obligations. (d) The Supplier fails to comply with the basic provisions of the con- tract or with these General Conditions. (e) breach, the health and safety at work obligations (f) In the event that the contract between the Customer and End Customer is terminated or cancelled. In cases (a) to (e), the Customer shall retain all rights over the defaulting party and may claim for damages as a result. 13.2 The Customer may also terminate the contract in case insolvency pro- ceedings or similar proceedings in relation to the assets of the Supplier are applied for or commenced. 13.3 In case of a termination by the Customer, the Customer may continue to utilize existing facilities, deliveries or services already performed by the Supplier in exchange for reasonable payment.