handover including providing the Customer with all such information as it may reasonably need in order to perform or have performed the Services; and (ii)
by a mutually agreed date return to the Customer any payments which it may have made in respect of the Services which have not been delivered or performed as at the termination date and any materials incorporating any Confidential Information of the Customer and or destroy or erase any Confidential Information of, or relating to, the Customer contained in any materials prepared by or on behalf of the Service Provider or recorded in any memory device and return all Customer Data and property materials and account for any damaged or lost property and/or materials.
16.3.2
Where the Customer terminates the Contract under Clause 16 (Termination on Default) and then makes other arrangements for the supply of Services, the Customer may recover from the Service Provider the cost reasonably incurred of making those other arrangements and any additional expenditure incurred by the Customer throughout the remainder of the Contract Period. The Customer shall take all reasonable steps to mitigate such additional expenditure. Where the Contract is terminated under Clause 16 (Termination on Default), no further payments shall be payable by the Customer to the Service Provider until the Customer has established the final cost of making those other arrangements.
16.3.3
Where the Customer terminates the Contract under Clause 16.1.5 (Break), (subject to Clause 12), the Customer shall indemnify the Service Provider against any commitments, liabilities or expenditure which would otherwise represent an unavoidable loss by the Service Provider by reason of the termination of the Contract, provided that the Service Provider takes all reasonable steps to mitigate such loss. Where the Service Provider holds insurance, the Service Provider shall reduce its unavoidable costs by any insurance sums available. The Service Provider shall submit a fully itemised and costed list of such loss, with supporting evidence, of losses reasonably and actually incurred by the Service Provider as a result of termination under Clause 16.1.5 (Break).
16.3.4
The Customer shall not be liable under Clause 9.5.3 to pay any sum which:(a) was claimable under insurance held by the Service Provider, and the Service Provider has failed to make a claim on its insurance, or has failed to make a claim in accordance with the procedural requirements of the insurance policy; or (b) when added to any sums paid or due to the Service Provider under the Contract, exceeds the total sum that would have been payable to the Service Provider if the