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.

Please make a choiche above on how non-compliance by either party should be handled.
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 or non-performing Party in summary proceedings to obtain a court order, or if arbitration has been agreed upon, in arbitral summary proceedings to obtain an arbitral award, providing for the same Provisional Measures or other provisional measures.
Explanation to Article 1.4

If a party does not perform under the provisional measures, the other party can go to court and file suit against the non-performing party. Article 1.4 is a reference to this already existing legal possibility.

Any Party that acts in breach of the Provisional Measures as set forth in clause 1 of this Agreement forfeits an immediately payable penalty which is not subject to set-off, in the amount of EUR
per breach and EUR
for every day that such breach continues, without prejudice to the other Party’s rights under this Agreement or at law, including the right to claim additional damages in case such damages are higher than the penalty incurred. Payment of the penalty referred to in the previous sentence shall not release the breaching Party from its obligations specified in this Agreement. Once forfeited during the Provisional Measures Period, the penalty shall remain due and payable, notwithstanding the Provisional Measures ending with retroactive effect on the End Date.
Explanation to penalty clause

Our template gives the parties the option to also agree on penalties for the non-performance under the provisional measures. The provisional measures will end with retro-active effect at the end date, but once forfeited, penalties will remain due and payable.

This Agreement is not a settlement agreement and does not prejudice the legal position of either Party under the Existing Legal Relationship