Common use of Termination, Rescission Clause in Contracts

Termination, Rescission. 16.1 Unless the contrary has been agreed upon between the parties, the Principal may terminate the contract in whole or in part with a notice period of one (1) month to the end of the month without giving any reason. Principal may terminate contracts (call-off, single order, framework agreement) concerning the provision of services at any time up to the completion of the relevant service. 16.2 The Contract may be terminated without notice for good cause. Grounds for good cause shall, in particular but without limitation, include: 16.3 In case the contract is terminated, the Contractor shall immediately furnish the Principal forthwith the models, samples, drawings, data, materials and other documents prepared for the Principal in executing the contract and grant to him the rights of use thereto as stated in paragraph 17. 16.4 In case the contract is terminated, the Principal will inform the Contractor if and to what extent services not yet completed shall be completed by Contractor. The terms and conditions of the respective contract shall apply to the completion of such outstanding services. 16.5 In case the contract is terminated, the Principal shall compensate Contractor equitably the prorated remuneration for the part of the services actually performed up to the date of termination and documented and proven by Contractor to be in accordance with the contract. In case the contract is terminated due to a significant breach of the Contractor’s duty, the Contractor shall be entitled to payment only in respect of the actual value of that proportion of the service performed by Contractor up to termination of the contract and to the extent that such proportion is of benefit to the Principal. In the event the contract is terminated in accordance with this Section 16, Contractor shall not be entitled to any other payment, compensation for damages or reimbursement of expenses. 16.6 The cancellation or other termination of the contract shall not affect the rights of the Principal according to Section 11 (IPR infringement), Section 17 (Rights of Use), Section 18 (Documents, Confidentiality) and Sections 19.3 and 19.4.

Appears in 2 contracts

Sources: Marketing Services Agreement, Marketing Services Agreement