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AGREE AS FOLLOWS

  1. Provisional Measures
  1. Subject to the terms and conditions of this Agreement, the Parties agree the following temporary provisional measures (the Provisional Measures):
  2. Explanation to Article 1.1

    Article 1 sets out the mechanism of the provisional measures. The provisional measures are to be described in article 1.1.

  3. The obligation to perform the Provisional Measures starts on the date of this Agreement and shall end on
    (the End Date, and the period between the date of this Agreement and the End Date, the Provisional Measures Period). The Provisional Measures Period can only be extended by an explicit agreement between the Parties made in writing, which includes an exchange of emails.
  4. Explanation to Article 1.2

    Article 1.2 specifies the period of time during which the provisional measures need to be put in place. It also specifies that an explicit agreement (in writing or by the exchange of emails) is necessary to extend the agreed period of time. It should be clear when the period ends and disputes about the end date should as much as possible be avoided.

  5. Neither the Provisional Measures nor the performance under the Provisional Measures shall in any way affect the Existing Legal Relationship. After the End Date, each Party shall therefore be free to argue that it was not obliged to perform what it has performed under the Provisional Measures on the basis of the Existing Legal Relationship. For that reason, the Provisional Measures shall end on the End Date with retro-active effect as per the date of this Agreement, and what has been performed under the Provisional Measures shall be undone in accordance with Title 4, Part 2 of Book 6 of the Dutch Civil Code. What has been performed under the Provisional Measures shall not be undone if the relevant Party was obliged to perform what it has performed under the Provisional Measures on the basis of the Existing Legal Relationship.
  6. Explanation to Article 1.3

    Article 1.3 specifies that the existing legal relationship is not amended by the agreement on provisional measures (apart from certain specific issues, depending on your choices). The idea is that the existing legal relationship will at the end of the day be decisive for the financial settlement of the provisional measures taken on the basis of this agreement. In the event a party performed under the provisional measures without a legal obligation to do so on the basis the existing legal relationship, this performance shall be undone. We have chosen to use the existing legal regime of title IV, part two of book 6 of the Dutch Civil Code (undue payment) for this.

  7. If a Party does not comply with, or does not perform under, the Provisional Measures, the other Party is free to file a claim against the non-complying
 

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