179. Entitlement of commercial agent to compensation or indemnity on termination of agency.

After termination of an agency contract1, a commercial agent2 is entitled to indemnity or compensation, as described below3. The parties are free to agree which compensation right applies, but in the absence of agreement, the agent is entitled to be compensated rather than indemnified4.

Irrespective of a breach on the part of the principal5, the commercial agent is entitled to an indemnity if and to the extent that:


    (1)     he has brought the principal new customers6 or has significantly increased the volume of business with existing customers and the principal continues to derive substantial benefits from the business with such