Suspension and Termination of the Agreement. 9.1 ETC may terminate the Agreement by giving 14 days written notice to the other party if: a) a change in the Supplier’s legal, financial, technical, organizational or ownership situation is likely to affect the implementation of this Agreement; b) ETC has evidence that the Supplier has committed irregularities, fraud or breach of obligations related to the award procedure, in particular regarding the exclusion and eligibility criteria mentioned in Annex A. c) the implementation of the Task is prevented or suspended due to Force Majeure; 9.2 Without affecting any other right or remedy available to it, either party to the Agreement may terminate it with immediate effect by giving 14 days written notice to the other party if: a) the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction; b) the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or c) the other party's financial position deteriorates to such an extent that in the terminating party's opinion the other party's capability to adequately fulfil its obligations under the Agreement has been placed in jeopardy. 9.3 In the event of persistent breach by the Supplier of one or several of its contractual obligations, including agreed deadlines, ETC will have the right, 7 days after having sent a formal written notice indicating said breach either: a) to terminate the agreement at the Supplier's fault; or b) to continue the execution of the agreement in a friendly or judicial manner. In both situations, ETC will be entitled to claim full indemnities for the damage suffered. ETC’s choice to continue the execution of the agreement after a formal written notice has been issued does not deprive it from its right to consider later that the agreement is terminated, provided that a new written notice is sent and 7 days thereafter in the event that the Supplier still does not remedy the alleged breaches. 9.4 In case of termination of the agreement at the Supplier's fault, the Supplier also agrees not to claim payment of any amount of the price set out in 4.1 and not yet paid to him upon termination. 9.5 Without affecting any other right or remedy available to it and the provisions set out in Articles 9.1, 9.2 and 9.3 of this Agreement, either party may terminate this agreement on giving at least one month written notice to the other party. In this case: - ETC shall pay the Supplier for any remaining costs of the deliverables already supplied and approved by ETC; - The Supplier shall reimburse ETC for the costs of the deliverables already paid by ETC and not supplied by the Supplier. 9.6 The termination or expiry of the Agreement shall not affect any of the rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry. Nor shall the termination or expiry of the Agreement affect the provisions set out in clauses 5.4 and 6 of this Agreement.
Appears in 2 contracts
Samples: Framework Agreement, Framework Agreement
Suspension and Termination of the Agreement. 9.1 ETC may 14.1 The Other Party shall only be entitled to terminate the Agreement by giving 14 days due to a liable failure in the fulfilment of the Agreement if UNIS fails to fulfil essential obligations under the Agreement, always after a detailed written notice of default, and after UNIS was given a reasonable period for remedying the failure.
14.2 UNIS may either suspend the execution of the Agreement for a period not exceeding six months, or terminate the Agreement as a whole or in part without notice and without judicial intervention, without being held liable to pay any compensation or guarantee and without prejudice to its other rights, in the other party iffollowing cases:
a) a change in If the Supplier’s legalOther Party doesn’t comply, financial, technical, organizational complies late or ownership situation is likely to affect the implementation of this Agreement;
b) ETC has evidence that the Supplier has committed irregularities, fraud or breach of obligations related to the award procedure, in particular regarding the exclusion and eligibility criteria mentioned in Annex A.
c) the implementation of the Task is prevented or suspended due to Force Majeure;
9.2 Without affecting any other right or remedy available to it, either party to the Agreement may terminate it unsatisfactorily with immediate effect by giving 14 days written notice to the other party if:
a) the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
b) the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or
c) the other party's financial position deteriorates to such an extent that in the terminating party's opinion the other party's capability to adequately fulfil its obligations under the Agreement or a related Agreement with UNIS;
b) If there are good reasons to fear that the Other Party is not or will not be able to meet its obligations to UNIS and has not complied with a written summons by UNIS within the stated period;
c) If, at the conclusion of the Agreement, the Other Party has been placed asked to provide collateral for the fulfilment of his obligations resulting from the Agreement, and this collateral is not provided or insufficient;
d) In case of bankruptcy, (provisional) suspension of payments, application of legal debt restructuring arrangement for natural persons, suspension, liquidation or transfer, as a whole or in jeopardypart – whether or not as collateral – (of the company) of the Other Party, including the transfer of a significant part of its receivables. During the suspension, UNIS is entitled and at the end thereof, obliged to opt for either execution or complete or partial dissolution of the suspended Agreement.
9.3 14.3 In the event of persistent breach by suspension or dissolution, the Supplier of one or several of its contractual obligationsagreed price becomes immediately due and payable, including agreed deadlinesless the terms already complied with, ETC will have the right, 7 days after having sent a formal written notice indicating said breach either:
a) to terminate the agreement at the Supplier's fault; or
b) to continue the execution and of the agreement in costs saved by UNIS as a friendly or judicial manner. In both situations, ETC will be entitled to claim full indemnities for the damage suffered. ETC’s choice to continue the execution result of the agreement after a formal written notice has been issued does not deprive it from its right to consider later that the agreement is terminated, provided that a new written notice is sent and 7 days thereafter in the event that the Supplier still does not remedy the alleged breachessuspension.
9.4 In case of termination of the agreement at the Supplier's fault, the Supplier also agrees not to claim payment of any amount of the price set out in 4.1 and not yet paid to him upon termination.
9.5 Without affecting any other right or remedy available to it and the provisions set out in Articles 9.1, 9.2 and 9.3 of this Agreement, either party may terminate this agreement on giving at least one month written notice to the other party. In this case: - ETC shall pay the Supplier for any remaining costs of the deliverables already supplied and approved by ETC; - The Supplier shall reimburse ETC for the costs of the deliverables already paid by ETC and not supplied by the Supplier.
9.6 The termination or expiry of the Agreement shall not affect any of the rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry. Nor shall the termination or expiry of the Agreement affect the provisions set out in clauses 5.4 and 6 of this Agreement.
Appears in 2 contracts
Samples: General Terms and Conditions, General Terms and Conditions
Suspension and Termination of the Agreement. 9.1 ETC may terminate the Agreement by giving 14 days written notice to the other party if:
a) a change in the Supplier’s legal, financial, technical, organizational or ownership situation is likely to affect the implementation of this Agreement;
b) ETC has evidence that the Supplier has committed irregularities, fraud or breach of obligations related to the award procedure, in particular regarding the exclusion and eligibility criteria mentioned in Annex A.
c) the implementation of the Task is prevented or suspended due to Force Majeure;
9.2 Without affecting any other right or remedy available to it, either party to the Agreement may terminate it with immediate effect by giving 14 days written notice to the other party if:
a) the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
b) the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or
c) the other party's financial position deteriorates to such an extent that in the terminating party's opinion the other party's capability to adequately fulfil its obligations under the Agreement has been placed in jeopardy.
9.3 In the event of persistent breach by the Supplier of one or several of its contractual obligations, including agreed deadlines, ETC will have the right, 7 days after having sent a formal written notice indicating said breach either:
a) to terminate the agreement at the Supplier's fault; or
b) to continue the execution of the agreement in a friendly or judicial manner. In both situations, ETC will be entitled to claim full indemnities for the damage suffered. ETC’s choice to continue the execution of the agreement after a formal written notice has been issued does not deprive it from its right to consider later that the agreement is terminated, provided that a new written notice is sent and 7 days thereafter in the event that the Supplier still does not remedy the alleged breaches.
9.4 In case of termination of the agreement at the Supplier's fault, the Supplier also agrees not to claim payment of any amount of the price set out in 4.1 and not yet paid to him upon termination.
9.5 Without affecting any other right or remedy available to it and the provisions set out in Articles 9.1, 9.2 and 9.3 of this Agreement, either party may terminate this agreement on giving at least one month 30 days written notice to the other party. In this case: - ETC shall pay the Supplier for any remaining costs of the deliverables already supplied and approved by ETC; - The Supplier shall reimburse ETC for the costs of the deliverables already paid by ETC and not supplied by the Supplier.
9.6 The termination or expiry of the Agreement shall not affect any of the rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry. Nor shall the termination or expiry of the Agreement affect the provisions set out in clauses 5.4 and 6 of this Agreement.
Appears in 1 contract
Samples: Framework Agreement
Suspension and Termination of the Agreement. 9.1 ETC may terminate the Agreement by giving 14 days written notice to the other party if:
a) a change in the Supplier’s legal, financial, technical, organizational or ownership situation is likely to affect the implementation of this Agreement;
b) ETC has evidence that the Supplier has committed irregularities, fraud or breach of obligations related to the award procedure, in particular regarding the exclusion and eligibility criteria mentioned in Annex A.
c) the implementation of the Task is prevented or suspended due to Force Majeure;
9.2 Without affecting any other right or remedy available to it, either party to the Agreement may terminate it with immediate effect by giving 14 days written notice to the other party if:
a) the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
b) the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or
c) the other party's financial position deteriorates to such an extent that in the terminating party's opinion the other party's capability to adequately fulfil its obligations under the Agreement has been placed in jeopardy.
9.3 In the event of persistent breach by the Supplier of one or several of its contractual obligations, including agreed deadlines, ETC will have the right, 7 days after having sent a formal written notice indicating said breach either:
a) to terminate the agreement at the Supplier's fault; or
b) to continue the execution of the agreement in a friendly or judicial manner. In both situations, ETC will be entitled to claim full indemnities for the damage suffered. ETC’s choice to continue the execution of the agreement after a formal written notice has been issued does not deprive it from its right to consider later that the agreement is terminated, provided that a new written notice is sent and 7 days thereafter in the event that the Supplier still does not remedy the alleged breaches.
9.4 In case of termination of the agreement at the Supplier's fault, the Supplier also agrees not to claim payment of any amount of the price set out in 4.1 and not yet paid to him upon termination.
9.5 Without affecting any other right or remedy available to it and the provisions set out in Articles 9.1, 9.2 and 9.3 of this Agreement, either party may terminate this agreement on giving at least one month 45 days written notice to the other party. In this case: - ▪ ETC shall pay the Supplier for any remaining costs of the deliverables already supplied and approved by ETC; - ▪ The Supplier shall reimburse ETC for the costs of the deliverables already paid by ETC and not supplied by the Supplier.
9.6 The termination or expiry of the Agreement shall not affect any of the rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry. Nor shall the termination or expiry of the Agreement affect the provisions set out in clauses 5.4 5.5 and 6 of this Agreement.
Appears in 1 contract
Samples: Framework Agreement
Suspension and Termination of the Agreement. 9.1 ETC may 14.1 The Other Party shall only be entitled to terminate the Agreement by giving 14 days due to a liable failure in the fulfilment of the Agreement if ADVANCIAS fails to fulfil essential obligations under the Agreement, always after a detailed written notice of default, and after ADVANCIAS was given a reasonable period for remedying the failure.
14.2 ADVANCIAS may either suspend the execution of the Agreement for a period not exceeding six months, or terminate the Agreement as a whole or in part without notice and without judicial intervention, without being held liable to pay any compensation or guarantee and without prejudice to its other rights, in the other party iffollowing cases:
a) a change in If the Supplier’s legalOther Party doesn’t comply, financial, technical, organizational complies late or ownership situation is likely to affect the implementation of this Agreement;
b) ETC has evidence that the Supplier has committed irregularities, fraud or breach of obligations related to the award procedure, in particular regarding the exclusion and eligibility criteria mentioned in Annex A.
c) the implementation of the Task is prevented or suspended due to Force Majeure;
9.2 Without affecting any other right or remedy available to it, either party to the Agreement may terminate it unsatisfactorily with immediate effect by giving 14 days written notice to the other party if:
a) the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
b) the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or
c) the other party's financial position deteriorates to such an extent that in the terminating party's opinion the other party's capability to adequately fulfil its obligations under the Agreement or a related Agreement with ADVANCIAS;
b) If there are good reasons to fear that the Other Party is not or will not be able to meet its obligations to ADVANCIAS and has not complied with a written summon by ADVANCIAS within the stated period;
c) If, at the conclusion of the Agreement, the Other Party has been placed asked to provide collateral for the fulfilment of his obligations resulting from the Agreement, and this collateral is not provided or insufficient;
d) In case of bankruptcy, (provisional) suspension of payments, application of legal debt restructuring arrangement for natural persons, suspension, liquidation or transfer, as a whole or in jeopardypart – whether or not as collateral – (of the company) of the Other Party, including the transfer of a significant part of its receivables. During the suspension, ADVANCIAS is entitled and at the end thereof, obliged to opt for either execution or complete or partial dissolution of the suspended Agreement.
9.3 14.3 In the event of persistent breach by suspension or dissolution, the Supplier of one or several of its contractual obligationsagreed price becomes immediately due and payable, including agreed deadlinesless the terms already complied with, ETC will have the right, 7 days after having sent a formal written notice indicating said breach either:
a) to terminate the agreement at the Supplier's fault; or
b) to continue the execution and of the agreement in costs saved by ADVANCIAS as a friendly or judicial manner. In both situations, ETC will be entitled to claim full indemnities for the damage suffered. ETC’s choice to continue the execution result of the agreement after a formal written notice has been issued does not deprive it from its right to consider later that the agreement is terminated, provided that a new written notice is sent and 7 days thereafter in the event that the Supplier still does not remedy the alleged breachessuspension.
9.4 In case of termination of the agreement at the Supplier's fault, the Supplier also agrees not to claim payment of any amount of the price set out in 4.1 and not yet paid to him upon termination.
9.5 Without affecting any other right or remedy available to it and the provisions set out in Articles 9.1, 9.2 and 9.3 of this Agreement, either party may terminate this agreement on giving at least one month written notice to the other party. In this case: - ETC shall pay the Supplier for any remaining costs of the deliverables already supplied and approved by ETC; - The Supplier shall reimburse ETC for the costs of the deliverables already paid by ETC and not supplied by the Supplier.
9.6 The termination or expiry of the Agreement shall not affect any of the rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry. Nor shall the termination or expiry of the Agreement affect the provisions set out in clauses 5.4 and 6 of this Agreement.
Appears in 1 contract
Samples: General Terms and Conditions
Suspension and Termination of the Agreement. 9.1 ETC may terminate the Agreement by giving 14 days written notice to the other party if:
a) a change in the Supplier’s legal, financial, technical, organizational or ownership situation is likely to affect the implementation of this Agreement;
b) ETC has evidence that the Supplier has committed irregularities, fraud or breach of obligations related to the award procedure, in particular regarding the exclusion and eligibility criteria mentioned in Annex A.
c) the implementation of the Task is prevented or suspended due to Force Majeure;
9.2 Without affecting any other right or remedy available to it, either party to the Agreement may terminate it with immediate effect by giving 14 days written notice to the other party if:
a) the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
b) the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or
c) the other party's financial position deteriorates to such an extent that in the terminating party's opinion the other party's capability to adequately fulfil its obligations under the Agreement has been placed in jeopardy.
9.3 In the event of persistent breach by the Supplier of one or several of its contractual obligations, including agreed deadlines, ETC will have the right, 7 days after having sent a formal written notice indicating said breach either:
a) to terminate the agreement at the Supplier's fault; or
b) to continue the execution of the agreement in a friendly or judicial manner. In both situations, ETC will be entitled to claim full indemnities for the damage suffered. ETC’s choice to continue the execution of the agreement after a formal written notice has been issued does not deprive it from its right to consider later that the agreement is terminated, provided that a new written notice is sent and 7 days thereafter in the event that the Supplier still does not remedy the alleged breaches.
9.4 In case of termination of the agreement at the Supplier's fault, the Supplier also agrees not to claim payment of any amount of the price set out in 4.1 and not yet paid to him upon termination.
9.5 Without affecting any other right or remedy available to it and the provisions set out in Articles 9.1, 9.2 and 9.3 of this Agreement, either party may terminate this agreement on giving at least one month 30 days written notice to the other party. In this case: - ETC shall pay the Supplier for any remaining costs of the deliverables already supplied and approved by ETC; - The Supplier shall reimburse ETC for the costs of the deliverables already paid by ETC and not supplied by the Supplier.
9.6 The termination or expiry of the Agreement shall not affect any of the rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry. Nor shall the termination or expiry of the Agreement affect the provisions set out in clauses 5.4 Articles 5.1 and 6 of this Agreement.
Appears in 1 contract
Samples: Framework Agreement
Suspension and Termination of the Agreement. 9.1 ETC may 16.1 The Other Party shall only be entitled to terminate the Agreement by giving 14 days due to a liable failure in the fulfilment of the Agreement if UNIS fails to fulfil essential obligations under the Agreement, always after a detailed written notice of default, and after UNIS was given a reasonable period for remedying the failure.
16.2 UNIS may either suspend the execution of the Agreement for a period not exceeding six months, or terminate the Agreement as a whole or in part without notice and without judicial intervention, without being held liable to pay any compensation or guarantee and without prejudice to its other rights, in the other party iffollowing cases:
a) a change in If the Supplier’s legalOther Party doesn’t comply, financial, technical, organizational complies late or ownership situation is likely to affect the implementation of this Agreement;
b) ETC has evidence that the Supplier has committed irregularities, fraud or breach of obligations related to the award procedure, in particular regarding the exclusion and eligibility criteria mentioned in Annex A.
c) the implementation of the Task is prevented or suspended due to Force Majeure;
9.2 Without affecting any other right or remedy available to it, either party to the Agreement may terminate it unsatisfactorily with immediate effect by giving 14 days written notice to the other party if:
a) the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
b) the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or
c) the other party's financial position deteriorates to such an extent that in the terminating party's opinion the other party's capability to adequately fulfil its obligations under the Agreement or a related Agreement with UNIS;
b) If there are good reasons to fear that the Other Party is not or will not be able to meet its obligations to UNIS and has not complied with a written summons by UNIS within the stated period;
c) If, at the conclusion of the Agreement, the Other Party has been placed asked to provide collateral for the fulfilment of his obligations resulting from the Agreement, and this collateral is not provided or insufficient;
d) In case of bankruptcy, (provisional) suspension of payments, application of legal debt restructuring arrangement for natural persons, suspension, liquidation or transfer, as a whole or in jeopardypart – whether or not as collateral – (of the company) of the Other Party, including the transfer of a significant part of its receivables. During the suspension, UNIS is entitled and at the end thereof, obliged to opt for either execution or complete or partial dissolution of the suspended Agreement.
9.3 16.3 In the event of persistent breach by suspension or dissolution, the Supplier of one or several of its contractual obligationsagreed price becomes immediately due and payable, including agreed deadlinesless the terms already complied with, ETC will have the right, 7 days after having sent a formal written notice indicating said breach either:
a) to terminate the agreement at the Supplier's fault; or
b) to continue the execution and of the agreement in costs saved by UNIS as a friendly or judicial manner. In both situations, ETC will be entitled to claim full indemnities for the damage suffered. ETC’s choice to continue the execution result of the agreement after a formal written notice has been issued does not deprive it from its right to consider later that the agreement is terminated, provided that a new written notice is sent and 7 days thereafter in the event that the Supplier still does not remedy the alleged breachessuspension.
9.4 In case of termination of the agreement at the Supplier's fault, the Supplier also agrees not to claim payment of any amount of the price set out in 4.1 and not yet paid to him upon termination.
9.5 Without affecting any other right or remedy available to it and the provisions set out in Articles 9.1, 9.2 and 9.3 of this Agreement, either party may terminate this agreement on giving at least one month written notice to the other party. In this case: - ETC shall pay the Supplier for any remaining costs of the deliverables already supplied and approved by ETC; - The Supplier shall reimburse ETC for the costs of the deliverables already paid by ETC and not supplied by the Supplier.
9.6 The termination or expiry of the Agreement shall not affect any of the rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry. Nor shall the termination or expiry of the Agreement affect the provisions set out in clauses 5.4 and 6 of this Agreement.
Appears in 1 contract
Samples: General Terms and Conditions