Where the Authority requires the Supplier to terminate a Sub- Contract or a Key Sub-Contract pursuant to Clause 22.3.1 above, the Supplier shall remain responsible for fulfilling all its obligations under this Framework Agreement including the provision of the Goods and/or Services.
Where the Authority. (a) is terminating this Agreement under Clause 34.1(b) due to the occurrence of either limb (b) and/or (g) of the definition of Supplier Termination Event, it may rely on a single material Default or on a number of Defaults or repeated Defaults (whether of the same or different obligations and regardless of whether such Defaults are cured) which taken together constitute a material Default; and/or
Where the Authority. (a) terminates (in whole or in part) this Contract under any of the Clauses referred to in Clause 45; and
Where the Authority has consented to the placing of sub-contracts, copies of each sub- contract shall be sent by the Contractor to the Authority within 2 Working Days of issue.
Where the Authority or any of its sub-contractors has access to other funding streams, THE AUTHORITY or any of its sub-contractors will be required to demonstrate through accounting, management information systems and any other relevant evidence (in the sole discretion of THE ESFA or any entity undertaking the audit or monitoring), to THE ESFA and any entity set out in clause 9.4 that no double funding has occurred in respect of the Services delivered under the Agreement.
Where the Authority notifies the Supplier that the award of this Framework Agreement shall be conditional upon receipt of a valid Framework Guarantee, then on or prior to the execution of the Framework Agreement the Supplier shall deliver to the Authority:
Where the Authority carries out a new assessment, and it concludes that there remains a substantial risk to the SUPPLIER’s ability to perform its obligations under any of the Contracts, the AUTHORITY may by notice in writing:
Where the Authority notifies the SUPPLIER that the award of this Framework Agreement or any Contract shall be conditional upon receipt of a valid Guarantee from an acceptable Guarantor, on or prior to the execution of this Framework Agreement or a Contract (as the case may be) the SUPPLIER shall deliver to the AUTHORITY or any other Contracting Authorities (as the case may be respectively) an executed Guarantee substantially in the form set out in Framework Schedule 14 (Guarantee), from a Guarantor acceptable to the AUTHORITY or the Other Contracting Body as the case may be.
Where the Authority is satisfied that the licensee has recovered amounts in excess of the allowed security costs, the Authority may issue directions requiring the licensee to take such steps as may be specified to reimburse customers of the supply business for the excess amounts charged to them, and the licensee shall comply with any directions so issued provided that if the excess amounts relate to allowed security costs paid to any authorised electricity operator, the licensee shall not be obliged to make any such reimbursement unless and until it has recovered such costs.
Where the Authority has exercised its rights to take the Required Action pursuant to this Clause, it shall act in accordance with good industry practice and (without prejudice to the obligation to act in accordance with good industry practice) in accordance with its own established internal procedures.
