Common use of Term Termination and Effect of Termination Clause in Contracts

Term Termination and Effect of Termination. 10.1. This Agreement shall commence on the Effective Date and remain in effect for a period of twelve (12) months thereafter (“Initial Term”). Unless otherwise terminated in accordance with its terms, this Agreement and all schedules will automatically renew for consecutive periods of twelve (12) months each (“Renewal Term(s)”) unless either Party notifies the other in writing of its desire that this Agreement not renew at least thirty (30) days prior to the end of the then-current term. The Initial Term together with any Renewal Term(s) is referred to herein as the “Term.” 10.2. The right to terminate this Agreement for good cause shall remain unaffected for both Parties. A Party shall have good cause to terminate where, taking into account all relevant circumstances of the case as well the fair and legitimate interests of both Parties, the terminating Party cannot reasonably be expected to continue the contract. If the good cause for the termination consists in a breach of a contractual obligation, giving notice of termination shall only be possible after the other Party having failed to meet a reasonably given respite for curing the breach. No such respite must be given, however, where: 10.2.1. the Party that has given cause for termination finally refuses performance of the obligation in questions; 10.2.2. the Party that has given cause for termination does not perform the obligation in question by the specific date, or within the specific timeframe, set for the performance of this obligation, even though the timely performance of the obligation has been declared essential by the terminating Party in the agreement, or is objectively essential as a result of other circumstances present at, and connected to, the conclusion of the agreement; or 10.2.3. there are special circumstances that justify the immediate termination, taking into account both Parties’ legitimate interests. 10.3. Upon the non-renewal or termination of this Agreement, all licenses granted by Kubermatic terminate, and Partner shall destroy or return to Kubermatic all material belonging to Kubermatic, its Affiliates or its licensors, including, without limitation, all copies of Kubermatic’s Confidential Information, and shall promptly certify to Kubermatic in writing that Partner has done so.

Term Termination and Effect of Termination. 10.19.1. This Agreement shall commence on the Effective Date and remain in effect for a period of twelve (12) months thereafter (“Initial Term”). Unless otherwise terminated in accordance with its terms, this Agreement and all schedules will automatically renew for consecutive periods of twelve (12) months each (“Renewal Term(s)”) unless either Party notifies the other in writing of its desire that this Agreement not renew at least thirty (30) days prior to the end of the then-current term. The Initial Term together with any Renewal Term(s) Terms is referred to herein as the “Term.” 10.29.2. Unless otherwise agreed in an executed Order Form or a Schedule, all Schedules shall expire or terminate upon the expiration or termination of this Agreement. 9.3. The right to terminate this Agreement for good cause shall remain unaffected for both Parties. A Party shall have good cause to terminate where, taking into account all relevant circumstances of the case as well the fair and legitimate interests of both Parties, the terminating Party cannot reasonably be expected to continue the contract. If the good cause for the termination consists in a breach of a contractual obligation, giving notice of termination shall only be possible after the other Party having failed to meet a reasonably given respite for curing the breach. No such respite must be given, however, where: 10.2.19.3.1. the Party that has given cause for termination finally refuses performance of the obligation in questions; 10.2.29.3.2. the Party that has given cause for termination does not perform the obligation in question by the specific date, or within the specific timeframe, set for the performance of this obligation, even though the timely performance of the obligation has been declared essential by the terminating Party in the agreement, or is objectively essential as a result of other circumstances present at, and connected to, the conclusion of the agreement; or 10.2.39.3.3. there are special circumstances that justify the immediate termination, taking into account both Parties’ legitimate interests. 10.39.4. The end of this Agreement as a whole through non-renewal (cf. Section 9.1 of these Terms) or termination (cf. Section 9.3 of these Terms) terminates all relationships hereunder. A Party may, however, also wish to not only one or more of the relationships renew upon the applicable anniversary of this Agreement. In this case, the Parties will discuss in good faith and, if so, agree on whether to continue with just the remaining relationship or not. The Parties hereby clarify that the termination of the Partner Agreement shall have no effect on the still existing agreements concluded under this Agreement between the respective Party and the End User. 9.5. Upon the non-renewal or termination of this Agreement, Agreement all licenses granted by Kubermatic a Party to the other Party terminate, and Partner shall destroy or return to Kubermatic all material belonging to Kubermatic, its Affiliates or its licensors, including, without limitation, all copies of Kubermatic’s Confidential Information, and shall promptly certify to Kubermatic in writing that Partner has done so. In the event of only one or more of the relationships ending and the Agreement as such continuing g (cf. Section 9.4 of these Terms), the preceding sentence shall apply accordingly to the relationship(s) that has / have ended.