Recovery procedure. Before recovery, the contracting authority must formally notify the contractor of its intention to recover the amount it claims, specifying the amount due and the reasons for recovery and inviting the contractor to make any observations within 30 days of receipt. If no observations have been submitted or if, despite the observations submitted, the contracting authority decides to pursue the recovery procedure, it must confirm recovery by formally notifying a debit note to the contractor, specifying the date of payment. The contractor must pay in accordance with the provisions specified in the debit note. If the contractor does not pay by the due date, the contracting authority may, after informing the contractor in writing, recover the amounts due:
(a) by offsetting them against any amounts owed to the contractor by the Union or by the European Atomic Energy Community or by an executive agency when it implements the Union budget;
(b) by calling in a financial guarantee if the contractor has submitted one to the contracting authority;
(c) by taking legal action.
Recovery procedure. Before recovery, the contracting authority must formally notify the contractor of its intention to recover the amount it claims, specifying the amount due and the reasons for recovery and inviting the contractor to make any observations within 30 days of receipt. European Asylum Support Office xxx.xxxx.xxxxxx.xx Tel: +000 0000 0000 xxxx@xxxx.xxxxxx.xx MTC Block A, Winemakers Wharf Valletta, MRS 1917, MALTA If no observations have been submitted or if, despite the observations submitted, the contracting authority decides to pursue the recovery procedure, it must confirm recovery by formally notifying a debit note to the contractor, specifying the date of payment. The contractor must pay in accordance with the provisions specified in the debit note. If the contractor does not pay by the due date, the contracting authority may, after informing the contractor in writing, recover the amounts due:
(a) by offsetting them against any amounts owed to the contractor by the Union or by the European Atomic Energy Community or by an executive agency when it implements the Union budget;
(b) by calling in a financial guarantee if the contractor has submitted one to the contracting authority;
(c) by taking legal action.
Recovery procedure. It will maintain its Recovery Procedure in good operational order and permit representatives of Recco, the Servicer, the Surety Provider and the Program Manager access to its management employees, upon reasonable prior notice and during normal business hours, to fully discuss such Recovery Procedure. If it obtains a third party to maintain such Recovery Procedure, then it shall arrange to permit representatives of Recco, the Servicer, the Surety Provider and the Program Manager, upon reasonable prior notice and during normal business hours, access to such system to make such inspections and examinations as it deems necessary.
Recovery procedure. Before recovery, the contracting authority must formally notify the contractor of its intention to recover the amount it claims, specifying the amount due and the reasons for recovery and inviting the contractor to make any observations within 30 days of receipt. If no observations have been submitted or if, despite the observations submitted, the contracting authority decides to pursue the recovery procedure, it must confirm recovery by formally notifying a debit note to the contractor, specifying the date of payment. The contractor must pay in accordance with the provisions specified in the debit note. If the contractor does not pay by the due date, the contracting authority may, after informing the contractor in writing, recover the amounts due:
Recovery procedure. Before recovery, Europol must formally notify the Contractor of its intention to recover the amount it claims, specifying the amount due and the reasons for recovery and inviting the Contractor to make any observations within 30 (thirty) days of receipt of Europol’s Formal notification.
Recovery procedure. Before recovery, Frontex must send a formal notification to the beneficiary:
(a) informing it of its intention to recover the amount unduly paid;
(b) specifying the amount due and the reasons for recovery; and
(c) inviting the beneficiary to make any observations within a specified period. If no observations have been submitted or if, despite the observations submitted by the beneficiary, Frontex decides to pursue the recovery procedure, Frontex may confirm recovery by sending a formal notification to the beneficiary consisting of a debit note, specifying the terms and the date for payment. If payment has not been made by the date specified in the debit note, Frontex will recover the amount due:
(a) by offsetting it, without the beneficiary’s prior consent, against any amounts owed to the beneficiary by Frontex or an executive agency (from the Union or the European Atomic Energy Community (Euratom) budget) (‘offsetting’); In exceptional circumstances, to safeguard the financial interests of the Union, Frontex may offset before the due date. An action may be brought against such offsetting before the General Court of the European Union in accordance with Article 263 TFEU;
(b) by drawing on the financial guarantee where provided for [not applicable];
(c) by taking legal action as provided for in Article II.18 or in the Special Conditions or by adopting an enforceable decision as provided for in Article II.18.
Recovery procedure. In all cases where the recovery procedure as described in the Financial Regulation applies, the parties shall follow the procedure set out in this Article. Before recovery, the Commission or the Participating Member State in question must formally notify the Contractor of its intention to recover the amount it claims, specifying the amount due and the reasons for recovery and inviting the Contractor to make any observations [***]. If no observations have been submitted or if, despite the observations submitted, the Commission or the Participating Member State in question decides to pursue the recovery procedure, it must confirm recovery by formally notifying a debit note to the Contractor, specifying the date of payment. The Contractor must pay in accordance with the provisions specified in the debit note. If the Contractor does not pay by the due date, the Commission or the Participating Member State in question may, after informing the Contractor in writing, recover the amounts due:
(a) by offsetting them against any amounts owed to the Contractor by the Commission or the Participating Member State in question;
(b) by taking legal action.
Recovery procedure. 12.5.1 If there is a breach of the Agreement or breach of the Service Levels which does not amount to a material breach entitling Client to terminate pursuant to Clause 12.1.1 then Client may (without prejudice to any right of Client to claim any other remedies Client may have unless otherwise provided in this Agreement) activate the recovery procedure set out in this Clause 12.5 (the “Recovery Procedure”) by notifying Contractor in writing of the breach of the relevant Service Level or other provision of this Agreement (as the case may be). Contractor shall within 10 Business Days of such notification present to a meeting of the Designated Employees a draft recovery plan specifying appropriate measures by which such breach shall be corrected and a timetable for their implementation. Client reserves the right to provide its own draft recovery plan specifying the remedial action which in Client’s view is required to rectify the breach and a suggested timetable for its implementation.
12.5.2 The Designated Employees shall negotiate in good faith to agree the draft recovery plan and the remedial measures to be incorporated in the draft recovery plan. If Client and Contractor are unable to agree the draft recovery plan within 5 Business Days of the presentation of the draft recovery plan to the Designated Employees, then the matter shall be escalated in accordance with Clause 25.1. The confirmed failure to reach any agreement on the terms of the draft recovery plan and the recovery procedure pursuant to Clause 12.5.1 and this Clause 12.5.2, shall entitle Client to rely on any of its other remedies. A draft recovery plan, agreed pursuant to this Clause 12.5.2, shall be referred to hereafter as the “Recovery Plan”.
12.5.3 Contractor shall implement the Recovery Plan in accordance with its terms and shall be responsible for all costs and expenses incurred in the implementation of the Recovery Plan and Client agrees (at Contractor’s cost) to provide Contractor with such reasonable assistance as Contractor may require from time to time in relation to a Recovery Plan. Contractor will report to the Client Designated Employee at intervals set out in the Recovery Plan on its implementation of the Recovery Plan. If Contractor shall fail to implement the Recovery Plan substantially in accordance with its terms, any such failure shall be deemed to constitute a material breach (incapable of remedy) for the purposes of Clause
12.1.1. Successful implementation of a Recovery ...
Recovery procedure. 28 13. TERMINATION ......................................................... 29 14. DISENGAGEMENT ....................................................... 33
Recovery procedure i. Before recovery, Europol must formally notify the Contractor of its intention to recover the amount it claims, specifying the amount due and the reasons for recovery and inviting the Contractor to make any observations within 30 (thirty) days of receipt of Europol’s Formal notification.
ii. If no written observations have been submitted or if the observations are considered inadequate and Europol decides to pursue the recovery procedure, it must confirm this by means of a debit note issued to the Contractor specifying the date for payment. The Contractor must pay in accordance with the provisions and by the deadline specified in the debit note.
iii. If the Contractor does not pay by the due date, Europol may, after Formal notification to the Contractor, recover the amounts due:
a) by offsetting them against any amounts owed to the Contractor by Europol (including under any separate contract between Europol and the Contractor);
b) by calling in a financial guarantee if the Contractor has submitted one to Europol;
c) by legal action.
