Failure on the part of the DISTRIBUTOR to respect this obligation not to compete during the period the CONTRACT is active shall constitute cause for immediate termination of the CONTRACT by fault of the DISTRIBUTOR, who shall compensate HORIBA Medical for all damages suffered; this compensation shall not be less than 50% of the annual HORIBA Medical turnover (taxes excluded) portion achieved by the DISTRIBUTOR with the PRODUCTS, based on the price of the PRODUCTS set in Article 12, up to the effective date of termination.