Termination Charges Clause Samples
The Termination Charges clause defines the financial obligations that arise if a contract is ended before its agreed-upon term. Typically, this clause outlines the specific fees or penalties a party must pay if they choose to terminate the agreement early, which may include a fixed sum, a percentage of remaining payments, or reimbursement of certain costs. Its core practical function is to compensate the non-terminating party for losses incurred due to early termination and to discourage arbitrary or unjustified contract cancellations.
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Termination Charges. Any provision requiring the Agency to pay a fixed amount or liquidated damages upon termination of the agreement is hereby deleted. The Agency may only agree to reimburse a Vendor for actual costs incurred or losses sustained during the current fiscal year due to wrongful termination by the Agency prior to the end of any current agreement term.
Termination Charges. (A) Customer may cancel a Service following Level 3's acceptance of the applicable Customer Order and prior to the Customer Commit Date upon prior written notice to Level 3 (with sufficient detail necessary to identify the affected Service). In the event that Customer does so, or in the event that the delivery of such Service is terminated by Level 3 as the result of an uncured default by Customer pursuant to Section 4.2 of this Agreement, Customer shall pay Level 3 a cancellation charge equal to the sum of:
(i) any third party cancellation/termination charges related to the installation and/or cancellation of any Off-Net Service;
(ii) Level 3's out of pocket costs (if any) incurred in constructing Facilities in or to the Customer Premises necessary for Service delivery;
(iii) the non-recurring charges for any cancelled Service; and
(iv) one (1) month's monthly recurring charges for any cancelled On-Net Service. Customer's right to cancel any particular Service under this Section 3.7(A) shall automatically expire and shall no longer apply upon Level 3's delivery to Customer of a Connection Notice for such Service.
(B) In addition to Customer's right of cancellation under Section 3.7(A) above, Customer may terminate Service prior to the end of the Service Term upon thirty (30) days' prior written notice to Level 3 (with sufficient detail necessary to identify the affected Service). In the event that, after either the original Customer Commit Date (if Customer requests and Level 3 agrees to a delay in delivery of a particular Service) or Customer's receipt of the Connection Notice for a particular Service (whichever occurs first) and prior to the end of the Service Term, Customer terminates Service or in the event that the delivery of Service is terminated by Level 3 as the result of an uncured default by Customer pursuant to Section 4.2 of this Agreement, Customer shall pay Level 3 a termination charge equal to the sum of:
(i) all unpaid amounts for Service provided through the date of termination;
(ii) any third party cancellation/termination charges related to the installation and/or termination of any Off-Net Service;
(iii) the non-recurring charges for any cancelled Service, if not already paid;
(iv) for any On-Net Service, the percentage of the monthly recurring charges for the terminated On-net Service calculated from the effective date of termination as (a) 100% of the remaining monthly recurring charges that would have been incurred for the On-Net S...
Termination Charges. Upon termination, expiration or cancellation of this Agreement for any reason, Jabil shall submit to Company Jabil’s invoices for termination/cancellation charges within (a) sixty (60) days from the effective date of such termination, expiration or cancellation for materials and component costs and applicable margin and (b) sixty (60) days after the end of the 6 month period following termination, expiration or cancellation for [***]. Jabil’s invoice for such charges shall be based upon costs incurred by Jabil up to the date of termination, expiration or cancellation (“Termination Effective Date”) and shall also include the following: (i) costs accrued after the Termination Effective Date but resulting from such termination, expiration or cancellation; (ii) applicable margin in all cases and (iii) [***] due to such termination, expiration or cancellation for up to six months from the date of the Termination Effective Date in accordance with U.S. Generally Accepted Accounting Principles. Jabil will provide to Company all information reasonably necessary to confirm the [***] due to termination, expiration or cancellation. To the extent that Jabil cannot mitigate its costs as set forth in Section 10.7 below, upon cancellation, expiration or termination for any reason, Company’s obligation shall be to pay the charges claimed by Jabil as follows:
10.6.1 The applicable price for the Product of which Jabil has completed manufacture prior to the Termination Effective Date pursuant to an issued Build Schedule for which payment has not been made;
10.6.2 Reimbursements for material acquisition costs, components, subassemblies and work-in-process at the time of Termination Effective Date which were purchased or ordered pursuant to issued Build Schedules or Build Schedule Forecasts plus applicable margin;
10.6.3 Jabil’s reasonable cancellation costs incurred for components, materials and subcontracted items that Jabil had on order on behalf of Company on the Termination Effective Date pursuant to issued Build Schedules or Build Schedule Forecasts plus applicable margin;
10.6.4 Except in the event of termination due to Jabil’s default hereunder, [***] up to six months after the Termination Effective Date; and JBL073 Manufacturing Services Agreement [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
10.6.5 Jabil’s [***...
Termination Charges. The cardholder is required to pay Easycard Corporation a fee of NT$20 when requesting for a full refund of remaining balance. (The NT$20 fee shall be waived if the card has been used for 5 times or more and has been held for 3 months or longer)
Termination Charges. Notwithstanding any other provision of this Agreement, if DIR elects to terminate this Agreement for any reason, including without limitation, a termination under this Article 13, there shall be no Termination Charge or other costs, claims, damages, or expenses payable to Successful Respondent in connection with such termination of this Agreement. Except as expressly set forth in this Section, there shall be no Termination Charge or other costs, claims, damages or expenses payable to Successful Respondent in connection with the expiration or any other termination of this Agreement.
Termination Charges. Termination Charges will also be imposed by Comcast if, prior to the end of the applicable Service Term, Customer falls to sustain the required Enhanced Voice Service order minimum, as identified on the applicable Service Order. Such failure to sustain the minimum order will be considered a Customer-initiated termination for convenience (without cause). Comcast will continue to serve the remaining Enhanced Voice Service Order, until such service is terminated pursuant to the terms of the Agreement.
Termination Charges. Charges that may be imposed by Comcast if, prior to the end of the applicable Service Term (a) Comcast terminates Services for cause or (b) Customer terminates Services without cause. Termination Charges with respect to each terminated Service Order shall equal, in addition to all amounts payable by Customer in accordance with Section 5.3, seventy-five percent (75%) of the remaining monthly fees that would have been payable by Customer under the Service Order if the Services described in the Service Order had been provided until the end of the Service Term. In the event the Agreement is terminated as herein described during the initial Service Term, Termination Charges shall also include one hundred percent (100%) of any amount paid by Comcast in connection with Custom Installation, as that term is defined in Section 2.6, for the Services provided by Comcast under the Service Order.
Termination Charges.
11.1 Costs Termination Charges shall consist of the following costs that are reasonably and actually incurred by Service Provider as a direct result of DIR’s termination of the Agreement, in whole or in part, pursuant to Section 20.2 of the Agreement:
(a) Service Provider Equipment
Termination Charges. 5.1. In the event that Business Connections Service under this Agreement is terminated by Customer for convenience or for reasons other than Cincinnati Bell’s breach of this Agreement prior to the expiration of the then-current Term, the Customer will pay a termination charge equal to all remaining amounts due or to become due, including but not limited to all monthly charges for which Customer would have been responsible if the Customer had not terminated prior to the expiration of the then-current Term.
Termination Charges. (a) Upon early termination of any Scheduled Service or Scheduled Facility pursuant to Section 6.01(c), the Recipient shall reimburse the Provider the following amounts of all “kill” fees and other similar fees actually paid by such Provider or any of its Affiliates to unaffiliated third-parties that were engaged solely in order to provide such Scheduled Service or Scheduled Facility, which fees were incurred in connection with the early termination of the Scheduled Service or Scheduled Facility and to the extent such “kill” fees and similar fees would not have been incurred had the Recipient continued to receive the applicable Scheduled Service or Scheduled Facility for the originally contemplated Scheduled Term thereof: (i) during the Initial Scheduled Term – fifty percent (50%) of all such fees; and (ii) during the Extended Scheduled Term – one hundred percent (100%) of all such fees. In addition, upon early termination of any Scheduled Service or Scheduled Facility pursuant to Section 6.01(c), the Recipient shall reimburse the Provider for any costs that would not have been incurred had the Recipient continued to receive the applicable Scheduled Service or Scheduled Facility for the originally contemplated Scheduled Term or Extended Scheduled Term thereof, as the case may be. Each Provider shall use commercially reasonable efforts to minimize the existence and amount of such early termination charges, “kill” fees and other amounts otherwise due and payable under this Section 6.02. All termination charges, “kill” fees and other amounts due and payable under this Section 6.02 shall be due and payable to the Provider in accordance with Article III.
(b) If all or a portion of the Scheduled Service Charge for a Scheduled Service or access to a Scheduled Facility is a Pass-Through Charge or includes a payment to an unaffiliated third-party, which payment can be reduced by the early reduction or early termination of the Scheduled Service or access to the Scheduled Service, then if a Recipient reduces or terminates such Scheduled Service or access to a Scheduled Facility pursuant to Section 6.01(c)(i) and the notice period for reduction or termination by the Provider or its Affiliate of such unaffiliated third party is greater than 30 days but less than 181 days, then (i) the Recipient shall provide a notice of termination pursuant to Section 6.01(c)(i) that is greater than such notice period for termination by Provider or (ii) the Recipient shall pay the diffe...