Common use of Termination Clause in Contracts

Termination. 10.1 Serious grounds entitling NetCologne to give termination without notice are in particular if a) the customer violates an essential obligation pertaining to this contract (“cardinal obligation”) and in spite of a written reminder does not take suitable measures within one week after receiving this reminder to immediately refrain from violating the contract. A reminder shall not be necessary in case of behavior that is in gross violation of the contract; or b) the customer acts contrary to its obligations according to Para. 4.6, 4.8 or 5.3 pertaining to this contract (also see Para. 3.5). 10.2 If NetCologne terminates the contract for serious grounds that the customer is responsible for, then NetCologne shall be entitled to charge the customer as compensation for lost profit 75 % of the amount of fees that, had there been no termination, would have accrued until the point in time at which the customer would have been entitled to terminate the contract himself. Both parties shall be entitled to provide evidence that higher or lower damages have occurred in reality.