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England and Wales Court of Appeal (Civil Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Harbinger UK Ltd v GE Information Services Ltd [1999] EWCA Civ 3057 (21 December 1999) URL: https://www.bailii.org/ew/cases/EWCA/Civ/1999/3057.html Cite as: 2 TCLR 463, [1999] EWCA Civ 3057, (2000) 2 TCLR 463, [2000] ITCLR 501, [2000] 1 All ER (Comm) 166 |
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COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM QUEEN'S BENCH DIVISION
TECHNOLOGY AND CONSTRUCTION COURT
BAILII: [1999] EWHC Technology 222
Royal Courts of Justice Strand, London, WC2A 2LL |
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B e f o r e :
LORD JUSTICE POTTER
and
MR JUSTICE ALLIOTT
____________________
HARBINGER UK LIMITED |
Claimant/Respondent |
|
- and - |
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GE INFORMATION SERVICES LIMITED |
Defendant/ Appellant |
____________________
Smith Bernal Reporting Limited, 180 Fleet Street
London EC4A 2HD
Tel No: 0171 421 4040, Fax No: 0171 831 8838
Official Shorthand Writers to the Court)
MARK BARNES QC/MICHAEL FEALY (instructed by HERBERT SMITH for the RESPONDENT)
____________________
Crown Copyright ©
LORD JUSTICE EVANS:
"Clause 10 - Support and Maintenance
API will provide support and maintenance in perpetuity in return for an annual payment, as specified in Schedule One, and subject to the following conditions :
10.1 Eligibility for Support
..................
10.2 API's Obligations
..................
10.3 Licensee's Obligations
..................
10.4 Program Enhancements
..................."
Cross Appeal - Does clause 10 survive termination of the Agreement under clause 3?
"All these considerations show that the Agreements provide for the possible continuation of Harbinger's supply and maintenance obligations to be performed by that company following the termination of the Agreements ....."(para.6.3).
Appeal - For how long does the obligation survive?
Conclusion
LORD JUSTICE POTTER :
I agree.
MR JUSTICE ALLIOTT :
I also agree.
Order: Appeal allowed; cross-appeal dismissed. Respondents to pay the appellant's costs of the appeal and cross-appeal.