Common use of FAULT TERMINATION Clause in Contracts

FAULT TERMINATION. 16.1. The Council shall have the right without prejudice to any accrued rights or remedies of either Party hereunder to terminate this Contract by notice in writing with immediate effect if the Contractor (or where applicable any director or member of the committee of management or partner or senior employee thereof) (or in respect of Clauses 16.1.d. 16.1.d or 16.1.e any agent of the Contractor whether or not acting with the express or implied authority of the Contractor): a. commits or suffers to occur a Material Breach; b. has been required to remedy three delays, failures and/or defaults in any twelve-month period, pursuant to Clause 15.1.a; c. is substantially or persistently in breach of any of its obligations under this Contract; d. offers, gives or agrees to give to anyone any inducement or reward in respect of this or any other Council contract (irrespective of the Contractor’s awareness); e. commits an offence under the Bribery Act 2010 or Section 117(2) of the Local Government Act 1972; f. commits any fraud in connection with this or any other Council contract whether alone or in conjunction with Council members, other contractors or employees; g. becomes insolvent or is wound up or is otherwise dissolved or if an administrator or receiver is appointed or being an individual has an interim order or bankruptcy order made against them or if the Contractor makes a composition or arrangement with its creditors or a liquidator is appointed OR if any other events or circumstances arise which affect or are likely to affect the ability of the Contractor to carry out the Service; h. there has been a change in control of the Contractor; i. fails to carry out and/or update checks of its employees as required by any Registration Authority; j. (if applicable) has its registration or that of any of its employees cancelled pursuant to any power under the Care Standards Act 2000, Children Act 1989 or any other legislation relevant to the Services, or the Contractor fails to maintain any such required registration or has any such registration cancelled in respect of similar services which the Contractor provides elsewhere; x. is convicted or cautioned or bound over in respect of any suspected offence in relation to the Services or if such is applicable the carrying out of any of the functions contained in Schedule 2 of the Local Authority Social Services Act 1970 for any other local authority; l. (if such is applicable) is the subject of a formal inquiry under the provisions of Section 7 of the Local Authority Social Services Act 1970 or a formal inquiry carried out by the Council; m. (if such is applicable) is included on any register or list held by the Department of Health or any other statutory body; n. one or more or its directors has been convicted of fraud; o. any professional person engaged by the Contractor in providing the Services is the subject of any disciplinary or similar action by his professional body or ceases to be registered or accredited by their professional body; or p. has directly or indirectly canvassed any Elected Member of the Council or any other person concerning the award of, Variations to or any extension to, this Contract.

FAULT TERMINATION. 16.112.1. The Council shall have the right without prejudice to any accrued rights or remedies of either Party hereunder to terminate this Contract by notice in writing with immediate effect if the Contractor (or or, where applicable applicable, any director or member of the committee of management or partner or senior employee thereof) (or ; or, in respect of Clauses 16.1.d. 16.1.d 12.1.c, 12.1.d or 16.1.e 12.1.e, any agent of the Contractor whether or not acting with the express or implied authority of the Contractor): a. commits or suffers to occur a Material Breach; b. has been required to remedy three delays, failures and/or defaults in any twelve-month twelvemonth period, pursuant to Clause 15.1.a11.1.a; c. b. is substantially or persistently in breach of any of its obligations under this Contract; d. c. offers, gives or agrees to give to anyone any inducement or reward in respect of this or any other Council contract (irrespective of the Contractor’s awareness); e. d. commits an offence under the Bribery Act 2010 Xxxxxxx Xxx 0000 or Section 117(2) of the Local Government Act 1972Xxx 0000; f. e. commits any fraud in connection with this or any other Council contract whether alone or in conjunction with Council members, other contractors or employees; g. f. becomes insolvent or is wound up or is otherwise dissolved or if an administrator or receiver is appointed or being an individual has an interim order or bankruptcy order made against them or if the Contractor makes a composition or arrangement with its creditors or a liquidator is appointed OR if any other events or circumstances arise which affect or are likely to affect the ability of the Contractor to carry out the Service; h. g. there has been a change in control of the Contractor; i. h. fails to carry out and/or update checks of its employees as required by any Registration AuthorityAuthority relevant to the Services; j. i. (if applicable) has its registration or that of any of its employees cancelled pursuant to any power under the Care Standards Act 2000Xxx 0000, Children Act 1989 Xxx 0000 or any other legislation relevant to the Services, or the Contractor fails to maintain any such required registration or has any such registration cancelled in respect of similar services which the Contractor provides elsewhere; x. j. is convicted or cautioned or bound over in respect of any suspected offence in relation to the Services or if such is applicable the carrying out of any of the functions contained in Schedule 2 of the Local Authority Social Services Act 1970 Xxx 0000 for any other local authority; l. k. (if such is applicable) is the subject of a formal inquiry under the provisions of Section 7 of the Local Authority Social Services Act 1970 Xxx 0000 or a formal inquiry carried out by the Council; m. l. (if such is applicable) is included on any register or list held by the Department of Health or any other statutory body; n. one or more or its directors has been m. is convicted of fraud; o. n. any professional person engaged by the Contractor in providing the Services is the subject of any disciplinary or similar action by his professional body or ceases to be registered or accredited by their professional body; or p. o. has directly or indirectly canvassed any Elected Member of the Council or any other person concerning the award of, Variations to or any extension to, this Contract.

FAULT TERMINATION. 16.1. The Council shall have the right without prejudice to any accrued rights or remedies of either Party hereunder to terminate this Contract by notice in writing with immediate effect if the Contractor (or where applicable any director or member of the committee of management or partner or senior employee thereof) (or in respect of Clauses 16.1.d. 16.1.d or 16.1.e any agent of the Contractor whether or not acting with the express or implied authority of the Contractor): a. commits or suffers to occur a Material Breach; b. has been required to remedy three delays, failures and/or defaults in any twelve-twelve- month period, pursuant to Clause 15.1.a; c. is substantially or persistently in breach of any of its obligations under this Contract; d. offers, gives or agrees to give to anyone any inducement or reward in respect of this or any other Council contract (irrespective of the Contractor’s awareness); e. commits an offence under the Bribery Act 2010 Xxxxxxx Xxx 0000 or Section 117(2) of the Local Government Act 1972Xxx 0000; f. commits any fraud in connection with this or any other Council contract whether alone or in conjunction with Council members, other contractors or employees; g. becomes insolvent or is wound up or is otherwise dissolved or if an administrator or receiver is appointed or being an individual has an interim order or bankruptcy order made against them or if the Contractor makes a composition or arrangement with its creditors or a liquidator is appointed OR if any other events or circumstances arise which affect or are likely to affect the ability of the Contractor to carry out the Service; h. there has been a change in control of the Contractor; i. fails to carry out and/or update checks of its employees as required by any Registration Authority; j. (if applicable) has its registration or that of any of its employees cancelled pursuant to any power under the Care Standards Act 2000Xxx 0000, Children Act 1989 Xxx 0000 or any other legislation relevant to the Services, or the Contractor fails to maintain any such required registration or has any such registration cancelled in respect of similar services which the Contractor provides elsewhere; x. k. is convicted or cautioned or bound over in respect of any suspected offence in relation to the Services or if such is applicable the carrying out of any of the functions contained in Schedule 2 of the Local Authority Social Services Act 1970 Xxx 0000 for any other local authority; l. (if such is applicable) is the subject of a formal inquiry under the provisions of Section 7 of the Local Authority Social Services Act 1970 Xxx 0000 or a formal inquiry carried out by the Council; m. (if such is applicable) is included on any register or list held by the Department of Health or any other statutory body; n. one or more or its directors has been convicted of fraud; o. any professional person engaged by the Contractor in providing the Services is the subject of any disciplinary or similar action by his professional body or ceases to be registered or accredited by their professional body; or p. has directly or indirectly canvassed any Elected Member of the Council or any other person concerning the award of, Variations to or any extension to, this Contract.

FAULT TERMINATION. 16.112.1. The Council shall have the right without prejudice to any accrued rights or remedies of either Party hereunder to terminate this Contract by notice in writing with immediate effect if the Contractor (or or, where applicable applicable, any director or member of the committee of management or partner or senior employee thereof) (or ; or, in respect of Clauses 16.1.d. 16.1.d 12.1.c, 12.1.d or 16.1.e 12.1.e, any agent of the Contractor whether or not acting with the express or implied authority of the Contractor): a. commits or suffers to occur a Material Breach; b. has been required to remedy three delays, failures and/or defaults in any twelve-month twelvemonth period, pursuant to Clause 15.1.a11.1.a; c. is substantially or persistently in breach of any of its obligations under this Contract; d. offers, gives or agrees to give to anyone any inducement or reward in respect of this or any other Council contract (irrespective of the Contractor’s awareness); e. commits an offence under the Bribery Act 2010 Xxxxxxx Xxx 0000 or Section 117(2) of the Local Government Act 1972Xxx 0000; f. commits any fraud in connection with this or any other Council contract whether alone or in conjunction with Council members, other contractors or employees; g. becomes insolvent or is wound up or is otherwise dissolved or if an administrator or receiver is appointed or being an individual has an interim order or bankruptcy order made against them or if the Contractor makes a composition or arrangement with its creditors or a liquidator is appointed OR if any other events or circumstances arise which affect or are likely to affect the ability of the Contractor to carry out the Service; h. there has been a change in control of the Contractor; i. fails to carry out and/or update checks of its employees as required by any Registration AuthorityAuthority relevant to the Services; j. (if applicable) has its registration or that of any of its employees cancelled pursuant to any power under the Care Standards Act 2000Xxx 0000, Children Act 1989 Xxx 0000 or any other legislation relevant to the Services, or the Contractor fails to maintain any such required registration or has any such registration cancelled in respect of similar services which the Contractor provides elsewhere; x. k. is convicted or cautioned or bound over in respect of any suspected offence in relation to the Services or if such is applicable the carrying out of any of the functions contained in Schedule 2 of the Local Authority Social Services Act 1970 Xxx 0000 for any other local authority; l. (if such is applicable) is the subject of a formal inquiry under the provisions of Section 7 of the Local Authority Social Services Act 1970 Xxx 0000 or a formal inquiry carried out by the Council; m. (if such is applicable) is included on any register or list held by the Department of Health or any other statutory body; n. one or more or its directors has been is convicted of fraud; o. any professional person engaged by the Contractor in providing the Services is the subject of any disciplinary or similar action by his professional body or ceases to be registered or accredited by their professional body; or p. has directly or indirectly canvassed any Elected Member of the Council or any other person concerning the award of, Variations to or any extension to, this Contract.