8 Notice of termination and dissolution of an agreement
8.1 If the client gives notice of termination of an agreement, he must pay, in addition to damages, the contractor’ s fee and
the costs incurred in connection with the work performed until that date.
8.2 If the agreement is terminated by the contractor on the grounds of breach by the client in the performance of the agreement,
the client will be required to pay, in addition to damages, the contractor’s fee and the costs incurred in connection
with the work performed until that date. In this context any conduct by the client on the grounds of which the contractor
cannot reasonably be required to complete the work commissioned will also be regarded as breach.
8.3 The damages referred to in the preceding two paragraphs of this Article will comprise at least the costs arising from
obligations undertaken by the contractor in his own name with third parties for the performance of the
work commissioned, as well as at least 30% of the balance of the fee that the client would owe the contractor if the work
commissioned were fully completed.
8.4 Both the contractor and the client will have the right to terminate the agreement in whole or in part with immediate
effect if the other party is declared bankrupt or is granted a suspension of payments (whether or not provisional).
If the client is declared
bankrupt, the designer will have the right to terminate the right of use granted, unless
the consequences would be contrary the principles of reasonableness and fairness.
8.5 In the event of termination by the client on the grounds of breach in the performance of the contractor’s obligations,
the performance already completed and the related payment obligation will not be subject to cancellation,
unless the client provides evidence that the contractor is in default of that performance. Amounts that the
contractor has invoiced before the dissolution for work performed or delivered properly under the agreement
will remain payable in full with due observance of the previous sentence and will fall due immediately upon termination.
8.6 If the contractor’s work consists of recurrently performing work of a similar nature, the agreement in question will be valid for
an indefinite period of time, unless otherwise agreed in writing. Such agreement may be terminated only by
written notice given with due observance of a reasonable notice period of not less than three months.