Contracting Authority Default. (a) If a Contracting Authority Default occurs, the Contractor may inform the Contracting Authority thereof and may set a reasonable deadline for the Contracting Authority to remedy the Contracting Authority Default. (b) If the Contracting Authority believes that the deadline set by the Contractor is insufficient, within reasonable limits, for the correction of the Contracting Authority Default then the Contracting Authority may inform the Contractor of this within 10 Working Days after receipt of the notification from the Contractor. The notification of the Contracting Authority must be accompanied by a proposal for the rectification measures to be adopted and a time schedule for carrying them out. If the Contractor does not reject the remedial time period referred to in this proposal within 10 Working Days after receiving it, the time period shall be considered to have been accepted by the Contractor. If the Contractor rejects the deadline for correction referred to in the proposal and the Contracting Authority does not agree to this then the Contracting Authority must commence claim proceedings pursuant to Article 21 (Dispute Resolution) within 10 Working Days after receipt of the rejection. (c) If a Contracting Authority Default occurs and the Contracting Authority has not rectified it within the period pursuant to paragraphs (a) or (b) of this Article then the Contractor may: (i) institute proceedings for the fulfilment of the Contracting Authority’s payment obligations on the grounds of Article 3:296 of the Dutch Civil Code; or (ii) exercise the termination rights expressly granted to the Contractor in this Agreement. (d) In the event of a Contracting Authority Default the Contractor has no other rights than those expressly stated in this Agreement. Thus, the Contractor may, in such a case, for example: (i) not suspend its obligations pursuant to this Agreement; (ii) not claim damages from the Contracting Authority; and (iii) not demand dissolution of this Agreement.
Appears in 1 contract
Samples: DBFM Agreement
Contracting Authority Default. (a) If a Contracting Authority Default occurs, the Contractor may inform the Contracting Authority thereof and may set a reasonable deadline for the Contracting Authority to remedy correct the Contracting Authority Default.
(b) If the Contracting Authority believes that the deadline set by the Contractor is insufficient, within reasonable limits, not reasonably sufficient for the correction of the Contracting Authority Default then Default, the Contracting Authority may inform the Contractor of this within 10 Working Business Days after receipt of the receiving notification from the Contractor. The notification of from the Contracting Authority must be accompanied by a proposal for the rectification correction measures to be adopted taken and a time schedule for carrying them outthe implementation of this work. If the Contractor does not reject the remedial time period deadline for correction referred to in this proposal within 10 Working Business Days after of receiving it, the time period shall deadline will be considered deemed to have been be accepted by the Contractor. If the Contractor rejects the deadline for correction referred to in the proposal and the Contracting Authority does not agree to this then rejection, the Contracting Authority must commence claim institute proceedings pursuant to Article 21 (Dispute Resolution) within 10 Working Business Days after receipt of receiving the rejection.
(c) If a Contracting Authority Default occurs and the Contracting Authority has not rectified it within corrected this default after expiry of the period deadline that applies pursuant to paragraphs Paragraphs (a) or (b) of this Article then ), the Contractor may:
(i) institute proceedings for the fulfilment of the Contracting Authority’s payment obligations on the grounds of Article 3:296 of the Dutch Civil Code; or
(ii) is entitled to exercise the right of termination rights expressly granted afforded to the Contractor in it under this Agreement.
(d) In the event of With regard to a Contracting Authority Default Default, the Contractor has no other rights than those expressly stated specifically provided for in this Agreement. Thus, the Contractor mayFor example, in such a case, for examplethe Contractor shall not be at liberty to:
(i) not suspend its obligations pursuant to this Agreement;
(ii) not claim damages from the Contracting Authority; andor
(iii) not demand dissolution of this Agreement.
Appears in 1 contract
Samples: Dbfmo Agreement
Contracting Authority Default. (a) If a Contracting Authority Default occurs, the Contractor may inform the Contracting Authority thereof of this and may set a reasonable deadline for the Contracting Authority to remedy correct the Contracting Authority Default.
(b) If the Contracting Authority believes that the deadline set by the Contractor is insufficient, within reasonable limits, not reasonably sufficient for the correction of the Contracting Authority Default then Default, the Contracting Authority may inform the Contractor of this within 10 Working Business Days after receipt of the receiving notification from the Contractor. The notification of from the Contracting Authority must be accompanied by a proposal for the rectification correction measures to be adopted taken and a time schedule for carrying them outthe implementation of this work. If the Contractor does not reject the remedial time period deadline for correction referred to in this proposal within 10 Working Business Days after of receiving it, the time period shall deadline will be considered deemed to have been be accepted by the Contractor. If the Contractor rejects the deadline for correction referred to in the proposal and the Contracting Authority does not agree to this then rejection, the Contracting Authority must commence claim institute proceedings pursuant to Article 21 (Dispute Resolution) within 10 Working Business Days after receipt of receiving the rejection.
(c) If a Contracting Authority Default occurs and the Contracting Authority has not rectified it within corrected this default after expiry of the period deadline that applies pursuant to paragraphs Paragraphs (a) or (b) of this Article then Article, the Contractor may:
(i) institute proceedings for the fulfilment is entitled to exercise its right of the Contracting Authority’s payment obligations on the grounds of Article 3:296 of the Dutch Civil Code; or
(ii) exercise the termination rights expressly granted specifically afforded to the Contractor in it under this Agreement.
(d) In the event of With regard to a Contracting Authority Default Default, the Contractor has no other rights than those expressly stated specifically provided for in this Agreement. Thus, the Contractor mayFor example, in such a case, for examplethe Contractor shall not be at liberty to:
(i) not suspend its obligations pursuant to this Agreement;
(ii) not claim damages damage from the Contracting Authority; andor
(iii) not demand dissolution of this Agreement.
Appears in 1 contract
Samples: DBFM Agreement
Contracting Authority Default. (a) If a Contracting Authority Default occurs, the Contractor may inform the Contracting Authority thereof and may set a reasonable deadline for the Contracting Authority to remedy the Contracting Authority Default.
(b) If the Contracting Authority believes that the deadline set by the Contractor is insufficient, within reasonable limits, for the correction of the Contracting Authority Default then the Contracting Authority may inform the Contractor of this within 10 Working Days after receipt of the notification from the Contractor. The notification of the Contracting Authority must be accompanied by a proposal for the rectification measures to be adopted and a time schedule for carrying them out. If the Contractor does not reject the remedial time period referred to in this proposal within 10 Working Days after receiving it, the time period shall be considered to have been accepted by the Contractor. If the Contractor rejects the deadline for correction referred to in the proposal and the Contracting Authority does not agree to this then the Contracting Authority must commence claim proceedings pursuant to Article 21 (Dispute Resolution) within 10 Working Days after receipt of the rejection.
(c) If a Contracting Authority Default occurs and the Contracting Authority has not rectified it within the period pursuant to paragraphs (a) or (b) of this Article then the Contractor may:
(i) institute proceedings for the fulfilment of the Contracting Authority’s payment obligations $XWKRUpLaWym\e¶ntVo bligations on the grounds of Article 3:296 of the Dutch Civil Code; or
(ii) exercise the termination rights expressly granted to the Contractor in this Agreement.
(d) In the event of a Contracting Authority Default the Contractor has no other rights than those expressly stated in this Agreement. Thus, the Contractor may, in such a case, for example:
(i) not suspend its obligations pursuant to this Agreement;
(ii) not claim damages from the Contracting Authority; and
(iii) not demand dissolution of this Agreement.
Appears in 1 contract
Samples: DBFM Agreement