Common use of Termination Liability Clause in Contracts

Termination Liability. In the event of termination pursuant to this Article 20.1 (Customer Rights of Termination), subject to Article 20.1.3 (Special Provision Limiting Customer’s Remedies), Customer shall be entitled to a refund by Boeing of all payments made by Customer for the terminated Work. In addition, Customer shall be entitled to payment of any liquidated damages accrued and payable pursuant to Article 14 (***) prior to the effective date of termination. Notwithstanding the foregoing, Boeing shall not be required to refund any amounts, and Customer shall remain liable for payment of all amounts, with respect to Deliverable Items for which Acceptance has occurred at the time of termination. Boeing shall pay the foregoing amounts no later than (***) days after Boeing’s receipt of Customer’s written notice requesting such amounts pursuant to subclause (i) above. Payment of such amounts shall be Customer’s sole and exclusive remedy in the event of a termination for default. Customer’s right to receive a refund in no event shall exceed the Firm Fixed Price plus any liquidated damages accrued and payable pursuant to Article 14.1 (Liquidated Damages), 14.3 (Launch Delays) or 14.4 (Range Support and De-Stacking Charges) prior to the effective date of termination.

Termination Liability. In the event of termination pursuant to this Article 20.1 (Customer Rights of Termination), subject to Article 20.1.3 (Special Provision Limiting Customer’s Remedies), Customer shall be entitled to a refund by Boeing of all payments made by Customer for the terminated Work. In addition, Customer shall be entitled to payment of any liquidated damages accrued and payable pursuant to Article 14 (***) prior to the effective date of termination. Notwithstanding the foregoing, Boeing shall not be required to refund any amounts, and Customer shall remain liable for payment of all amounts, with respect to Deliverable Items for which Acceptance has occurred at the time of termination. Boeing shall pay the foregoing amounts no later than (***) days after Boeing’s receipt of Customer’s written notice requesting such amounts pursuant to subclause (i) above. Payment of such amounts shall be Customer’s sole and exclusive remedy in the event of a termination for default. Customer’s right to receive a refund in no event shall exceed the Firm Fixed Price plus any liquidated damages accrued and payable pursuant to Article 14.1 (Liquidated Damages), 14.3 (Launch Delays) or 14.4 (Range Support and De-Stacking Charges) prior to the effective date of termination.

Termination Liability. In the event of termination pursuant to this Article 20.1 (Customer Rights of Termination), subject to Article 20.1.3 (Special Provision Limiting Customer’s Remedies), Customer shall be entitled to a refund by Boeing of all payments made by Customer for the terminated Work. In addition, Customer shall be entitled to payment of any liquidated damages accrued and payable pursuant to Article 14 ([***) **] prior to the effective date of termination. Notwithstanding the foregoing, Boeing shall not be required to refund any amounts, and Customer shall remain liable for payment of all amounts, with respect to Deliverable Items for which Acceptance has occurred at the time of termination. Boeing shall pay the foregoing amounts no later than ([***) days **] after Boeing’s receipt of Customer’s written notice requesting such amounts pursuant to subclause (i) above. Payment of such amounts shall be Customer’s sole and exclusive remedy in the event of a termination for default. Customer’s right to receive a refund in no event shall exceed the Firm Fixed Price plus any liquidated damages accrued and payable pursuant to Article 14.1 (Liquidated Damages), 14.3 (Launch Delays) or 14.4 (Range Support and De-Stacking Charges) prior to the effective date of termination.