If the Contractor. 1 fails to notify the Owner and the Contract Administrator in writing of changes made to the applicable Laws (other than Owner’s Policies, Procedures and By- laws) in accordance with GC 10.1.5; .2 fails to obtain direction as required in GC 10.1.5; or
If the Contractor. (a) in spite of a notification of default has failed to perform any obligation towards us in full or properly;
(b) is declared bankrupt;
(c) has submitted a petition to be granted a suspension of payments;
(d) has ceased or transferred his business activities, or an important part thereof, including the contribution of (a part of) his business activities into a legal person that is to be established or that already exists, the Contractor shall forthwith be in default by force of law, and we shall have the right, also in the event of force majeure on the part of the Contractor, to rescind the agreement forthwith in full or in part in writing, without any judicial intervention being required, without any obligation to pay any damages and without prejudice to our other rights.
If the Contractor s negligence results in a release of a Clean Agent (i.e. FM 200), the Contractor shall be responsible for all costs incurred to refill and restore the fire suppression system.
If the Contractor. 1 fails to comply with the requirements of 1.7 – CONFLICTS OF INTEREST or if the parties are unable to resolve a Conflict of Interest of the Contractor to the satisfaction of the Owner; .2 fails to provide a Recovery Plan in accordance with GC 7.5.6.1 or comply with the requirements in respect of a Recovery Plan under GC 7.5.6.2 and 7.5.6.3; or
If the Contractor. (a) fails to comply with a notice under Sub-Clause 15.1, (b) abandons or repudiates the Contract,
If the Contractor i. remedies the non-compliance or inability specified in the notice to AFAC or the Member’s reasonable satisfaction, or AFAC or the Member reasonably concludes that the concern is unsubstantiated, AFAC or the Member may direct the Contractor to recommence performing the Service; or
ii. fails to remedy the non-compliance or inability within the time specified, or AFAC or the Member reasonably concludes that the concern is likely to be substantiated, AFAC may terminate the Contract or reduce the Services in accordance with clause 7.12.
If the Contractor a. has abandoned or repudiated the Contract
b. has without valid reason failed to commence Works promptly
c. persistently fails to execute the Contract in accordance with the Contract or persistently neglects to carry out its obligations under the Contract without just cause
d. refuses or is unable to provide sufficient materials, services or labour to execute and complete the Works in the manner specified in the Program furnished under GCC.20 (at rates of progress that give reasonable assurance to the Purchaser that the Contractor can attain Completion of the Works by the Time for Completion as extended. Then the Purchaser may, without prejudice to any other rights it may possess under the Contract, give a notice to the Contractor stating the nature of the default and requiring the Contractor to remedy the same. If the Contractor fails to remedy or to take steps to remedy the same within fifteen (15) days of its receipt of such notice, then the Purchaser may terminate the Contract forthwith by giving a notice of termination to the Contractor that refers to this clause GCC 3.47.2.
If the Contractor. (a) fails to comply with a notice under Sub-Clause 15.1, (b) abandons or repudiates the Contract,
(c) without reasonable excuse fails:
(i) to commence the Works in accordance with Sub-Clause 8.1,
(ii) to proceed with the Works in accordance with Clause 8, or
(iii) to demonstrate that sufficient design capability is employed in the design of the Works to achieve completion within the Time for Completion,
(d) becomes bankrupt or makes a composition or arrangement with his creditors or has a winding up order made or (except for purposes of reconstruction or amalgamation) a resolution for voluntary winding up passed or has a liquidator or receiver or manager of his business or undertaking duly appointed or has possession taken by or on behalf of the holders of any debentures secured by a floating charge or of any property comprised in or subject to the floating charge,
(e) fails to comply with a notice issued under Sub-Clause 7.5 within 28 days after having received it, or
(f) assigns the Contract without the required consent, then the Employer may, after having given 14 days’ notice to the Contractor by registered post or recorded delivery, terminate the Contractor’s employment under the Contract and expel him from the Site. The Contractor shall then deliver all Construction Documents, and other design documents made by or for him, to the Employer. The Contractor shall not be released from any of his obligations or liabilities under the Contract. The rights and authorities conferred on the Employer and the Employer by the Contract shall not be affected. The Employer may upon such termination complete the Works himself and/or by any other contractor appointed by the Employer. The Employer or such other contractor may use for such completion so much of the Construction Documents, other design documents made by or on behalf of the Contractor, Contractor’s Equipment, Temporary Works, Plant and Materials as he or they may think proper. Upon completion of the Works, or at such earlier date as the Employer thinks appropriate, the Employer shall give notice that the Contractor’s Equipment and Temporary Works will be released to the Contractor at or near the Site. The Contractor shall remove or arrange removal of the same from such place without delay and at his cost. Valuation at Date of Termination 15.3 The Employer shall, as soon as possible after termination under Sub-Clause 15.2, determine and advice the Contractor of the value of the Construction Documents, Plan...
If the Contractor. 9.2.1 commits a breach of any of its obligations under the Contract;
9.2.2 makes a composition or arrangement with its creditors, or has a proposal in respect of the company for the voluntary arrangements for a composition of debts, or scheme or arrangement approved in accordance with the Insolvency Act 1986;
9.2.3 has the application made under the Insolvency Act 1986 in respect of the company to the Court for the appointment of an administrative receiver;
9.2.4 has the winding-up order made, or (except for the purposes of amalgamation or reconstruction) a resolution for voluntary winding-up passed;
9.2.5 has a provisional liquidator, receiver, or manager of its business or undertaking duly appointed;
9.2.6 has an administrative receiver, as defined in the Insolvency Act 1986 appointed
9.2.7 has possession taken, by or on behalf of the holders of any debentures secured by a floating charge, of the property comprised in, or subject to, the floating charge;
9.2.8 is in circumstances which entitle the Court or a creditor to appoint, or have appointed, a receiver, a manager, or administrative receiver, or which entitle the Court to make a winding-up order;
9.2.9 offers or gives to any person any gift or consideration as an inducement for doing, or forbearing to do, any action in relation to obtaining any Contract with the Council, or commits any offence under the Prevention of Corruption Acts 1889 to 1916, or if such acts are done by any person employed by, or acting on behalf of the Contractor, with or without the Contractor’s knowledge; Then the Council may without prejudice to any accrued rights or remedies under the Contract, terminate the Contractor’s employment under the Contract by notice in writing either with immediate effect or on such date as specified in the notice.
