Common use of Extension and Suspension Clause in Contracts

Extension and Suspension. Extension The Lead Partner shall inform the MA/JS without delay of any circumstances likely to hamper or delay the implementation of the project. The Lead Partner may request an extension of the project's implementation period as laid down in Article 2 in accordance to Article 15 no later than 45 days before it ends, unless circumstances duly justified and accepted by the MA occur. The request shall be accompanied by all the supporting evidence needed for its appraisal. A final decision on such requests is subject of approval by the Monitoring Committee. The Lead Partner and Partners understand and agree that an extension of the project implementation will not imply an increase of the costs for the staff assigned for the Action, unless circumstances duly justified and accepted by the MA occur. Suspension by the Lead Partner The Lead Partner may suspend implementation of the project, or any part thereof, if exceptional circumstances, notably of force majeure, make such implementation excessively difficult or dangerous or, although timely measures have been taken, delays may occur in fulfilling the contractual obligations. The Lead Partner shall inform the MA without delay, stating the nature, probable duration and foreseeable effects of the suspension. The Lead Partner or the MA may terminate this Contract in accordance with Article 17.1. If the Contract is not terminated, the Lead Partner and/or the Partners shall endeavour to minimise the time of its suspension and any possible damage and shall resume implementation once circumstances allow, informing the MA accordingly. The Lead Partner shall communicate the suspension without delay, in writing, to the MA. The communication shall contain all information foreseen by Article 16.2 and by indicating the start date of the suspension as well as the duration. After verifying the circumstances described by the Lead Partner, following the proposal of the JS, the MA shall issue a decision of the representative of MA signing the contract, confirming the suspension of the contract, or any part thereof, as the case, starting with the date indicated by the Lead Partner. If there is a risk that the suspension, as presented by the Lead Partner, jeopardizes the implementation of the project, the MA may agree with the suspension under specific conditions or may reject the proposal. The MA will communicate without delay its decision to the Lead Partner. Extension of the suspension period may be requested by the Lead Partner and the suspension will be considered as continuous, provided that the request is made during the suspension period and approved by the MA under the same conditions as described above. If circumstances that led to the suspension cease to affect the project implementation at any time during the period of suspension communicated to MA, the Lead Partner may decide, in agreement with all project partners, to resume the implementation of the project activities before the suspension deadline, and inform without delay the MA. The MA shall issue a decision of the representative of MA signing the contract, confirming the earlier restart of project implementation, starting with the date indicated by the Lead Partner in its written information. During the suspension period no activity shall be performed and no expenditures are to be incurred and paid unless otherwise instructed by the MA, except for the payments related to activities performed before suspension by any of the project partners or, in case of partial suspension, by the concerned partners(ies). The partial suspension may have effects also on other obligations as laid down in the Grant Contract and/or Partnership agreement(s), therefore addenda may need to be concluded to adapt the implementation to the respective circumstances. The new implementation period as a result of a suspension, as foreseen by art.16.2 of this Contract, shall duly consider the implementation period of the programme, laid down in the Regulation (EU) No. 1059/2021 and shall not jeopardize the Programme closure.

Appears in 6 contracts

Samples: Grant Contract, Grant Contract, Grant Contract

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Extension and Suspension. Extension The Lead Partner shall inform the MA/JS without delay of any circumstances likely to hamper or delay the implementation of the project. The Lead Partner may request an extension of the project's implementation period as laid down in Article 2 in accordance to Article 15 no later than 45 days before it ends, unless circumstances duly justified and accepted by the MA occur. The request shall be accompanied by all the supporting evidence needed for its appraisal. A final decision on such requests is subject of approval by the Monitoring Committee. The Lead Partner and Partners understand and agree that an extension of the project implementation will not imply an increase of the costs for the staff assigned for the Action, unless circumstances duly justified and accepted by the MA occur. Suspension by the Lead Partner The Lead Partner may suspend implementation of the project, or any part thereof, if exceptional circumstances, notably of force majeure, make such implementation excessively difficult or dangerous or, although timely measures have been taken, delays may occur in fulfilling the contractual obligations. The Lead Partner shall inform the MA without delay, stating the nature, probable duration and foreseeable effects of the suspension. The Lead Partner or the MA may terminate this Contract in accordance with Article 17.1. If the Contract is not terminated, the Lead Partner and/or the Partners shall endeavour to minimise the time of its suspension and any possible damage and shall resume implementation once circumstances allow, informing the MA accordingly. The Lead Partner shall communicate the suspension without delay, in writing, to the MA. The communication shall contain all information foreseen by Article 16.2 and by indicating the start date of the suspension as well as the duration. After verifying the circumstances described by the Lead Partner, following the proposal of the JS, the MA shall issue a decision of the representative of MA signing the contract, confirming the suspension of the contract, or any part thereof, as the case, starting with the date indicated by the Lead Partner. If there is a risk that the suspension, as presented by the Lead Partner, jeopardizes the implementation of the project, the MA may agree with the suspension under specific conditions or may reject the proposal. The MA will communicate without delay its decision to the Lead Partner. Extension of the suspension period may be requested by the Lead Partner and the suspension will be considered as continuous, provided that the request is made during the suspension period and approved by the MA under the same conditions as described above. If circumstances that led to the suspension cease to affect the project implementation at any time during the period of suspension communicated to MA, the Lead Partner may decide, in agreement with all project partners, to resume the implementation of the project activities before the suspension deadline, and inform without delay the MA. The MA shall issue a decision of the representative of MA signing the contract, confirming the earlier restart of project implementation, starting with the date indicated by the Lead Partner in its written information. During the suspension period no activity shall be performed and no expenditures are to be incurred and paid unless otherwise instructed by the MA, except for the payments related to activities performed before suspension by any of the project partners or, in case of partial suspension, by the concerned partners(ies). The partial suspension may have effects also on other obligations as laid down in the Grant Contract and/or Partnership agreement(s), therefore addenda may need to be concluded to adapt the implementation to the respective circumstances. The new implementation period as a result of a suspension, as foreseen by art.16.2 of this Contract, shall duly consider the implementation period of the programme, laid down in the Commission Implementing Regulation (EU) No. 1059/2021 and shall not jeopardize the Programme closure.

Appears in 2 contracts

Samples: Grant Contract, Grant Contract

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