Termination and repayment. 1. In addition to the right of termination as laid down in § 3 the MA is entitled, in whole or in part, to terminate this contract and/or to demand repayment of subsidy in any of the following circumstances: a) the LP has obtained the subsidy through false or incomplete statements or through forged documents; b) the LP and its PPs receive additional funding from the European Union for all or part of the project expenditure reported under the programme during the period of the implementation of the project; c) the project has not been or cannot be implemented, or it has not been or cannot be implemented in due time; d) the project has not started in due time and a written reminder by the MA or JS remains unsuccessful; e) a change has occurred, e.g. with regard to nature, scale, ownership, cost, timing, partnership or completion of the project, that has put at risk the achievement of the results planned and stated in the latest version of the approved application form; f) the project outputs and results are not in line with those described in the approved application form; g) the LP has failed to submit evidence of project progresses (including reports, as in the overview table of reporting targets and deadlines annexed to this contract), or to supply necessary information needed to verify project compliance, provided that the LP has received a written reminder setting an adequate deadline and explicitly specifying the legal consequences of a failure to comply with requirements and has failed to comply with this deadline; h) the LP has infringed its duty to ask for prior written approval where indicated by this contract or in the programme manual or has failed to immediately report events delaying or preventing the implementation of the project funded or any circumstances that mean a change of the disbursement conditions and frameworks as laid down in this contract; i) the LP or its PPs obstruct or prevented the financial control and auditing as indicated in § 12 of this contract; j) the amount of funding awarded has been partially or entirely misapplied for purposes other than those agreed in this contract; k) insolvency proceedings are instituted against the assets of the LP or one of the PPs or insolvency proceedings are dismissed due to lack of assets for cost recovery or the LP or one of the PPs closes down or liquidates, provided that this appears to prevent or risk the achievement of the project objectives; l) the LP does – for any reasons – not make available the outputs to the MA; m) regulations of EU-law including the horizontal policies or national regulations have been violated; n) the ownership of project outputs having the character of investments in infrastructure or productive investments did not remain with the concerned LP and/or PPs for the timeframe and under the conditions set in Article 65 of the CPR; o) the LP and/or any of the PPs is in the situation of undertaking in difficulty, within the meaning of point (18) of Article 2 of Regulation (EU) No 651/2014 as well as in compliance with Article 7 (1) (d) of the ERDF Regulation; p) the LP has failed to fulfil any other conditions or requirements for assistance stipulated in this contract and the provisions it is based on, notably if these conditions or requirements are meant to guarantee the successful achievement of the programme objectives. 2. Prior to or instead of terminating the contract as provided for in this article, the MA may suspend payments as a precautionary measure, without prior notice. This measure shall be lifted as soon as the reasons for such measures cease to apply or requested proof can be furnished. 3. If the MA exercises its right of termination and the LP is demanded full or partial repayment of amounts already paid, the LP is obliged to transfer the repayment amount to the MA. The repayment amount is due within one month following the date of the letter by which the MA asserts the repayment claim; the due date will be stated explicitly in the order for recovery. 4. If a LP or PP fails to return unduly paid funds in another project funded by the Interreg CENTRAL EUROPE Programme, the MA has the right to withdraw the corresponding ERDF from any open payment in this project. 5. If the MA exercises its right of termination, offsetting by the LP is excluded unless its claim is undisputed or recognised by declaratory judgement. 6. If the MA exercises its right of termination and the LP is demanded full or partial repayment of amounts already paid, any delay in effecting repayment shall give rise to interest on account of late payment, starting on the due date and ending on the date of actual payment. The rate of the late interest applied to the amount to be recovered will be calculated in accordance with Article 88 of the CPR. 7. After termination of this contract, the LP´s obligations (inter alia §§ 11, 12, 13, 17, 20) and liabilities remain. 8. Bank charges incurred by the repayment of amounts due to the MA shall be borne entirely by the LP. 9. If any of the circumstances indicated in the aforementioned point 1 of this article occur before the full amount of subsidy has been paid to the LP, payments may be discontinued and there shall be no claims to payment of the remaining amount. 00. Xx laid out in § 3.3, the MA is entitled to terminate this contract if the European Commission fails to make the funds available due to reasons that are outside of the sphere of influence of the programme. 11. Any further legal claims shall remain unaffected by the above provisions.
Appears in 5 contracts
Samples: Subsidy Contract, Subsidy Contract, Subsidy Contract
Termination and repayment. 1. In addition to the right of termination as laid down in § 3 4 the MA is entitled, in whole or in part, to terminate this contract and/or to demand repayment of subsidy in any of the following circumstances:
a) the LP has obtained the subsidy through false or incomplete statements or through forged documents;
b) the LP and its PPs partners receive additional funding from the European Union for all or part of the project expenditure reported under the programme Programme during the period of the implementation of the project;
c) the project has not been or cannot be implemented, or it has not been or cannot be implemented in due time;
d) the project has not started in due time and even a written reminder by the MA or MA/JS remains unsuccessful;
e) a change has occurred, e.g. with regard to nature, scale, ownership, cost, timing, partnership or completion of the project, that has put at risk the achievement of the results planned and stated in the latest version of the approved application formApplication Form;
f) the project outputs and results are not in line with those described in the approved application formapplication;
g) the LP has failed to submit evidence of project progresses required reports (including reports, as in e.g. the progress reports according to the overview table of reporting targets and deadlines annexed to this contract)) or proofs, or to supply necessary information needed to verify project compliance, provided that the LP has received a written reminder setting an adequate deadline and explicitly specifying the legal consequences of a failure to comply with requirements and has failed to comply with this deadline;
h) the LP has infringed its duty to ask for prior written approval where indicated by this contract or in the programme manual Programme Manual or has failed to immediately report events delaying or preventing the implementation of the project funded or any circumstances that mean a change of the disbursement conditions and frameworks as laid down in this contract;
i) the LP or its PPs obstruct or prevented the financial control and auditing as indicated in § 12 11 of this contract;
j) the amount of funding awarded has been partially or entirely misapplied for purposes other than those agreed in this contractupon;
k) insolvency proceedings are instituted against the assets of the LP or one of the PPs or insolvency proceedings are dismissed due to lack of assets for cost recovery or the LP or one of the PPs closes down or liquidates, provided that this appears to prevent or risk the achievement of the project objectives;
l) the provisions related to income and revenues as mentioned in § 14 and 15 of this contract are infringed or the LP does – for any other reasons – not make available the outputs to the MA; m) exceeding the permissible limits of the funding regulations (e.g. Article 61 of Regulation (EU) No 1303/2013) the LP wholly or partly sells, leases or lets the project outputs/results to a third party;
mn) regulations of EU-law including the horizontal policies or national regulations have been violated;
no) the ownership of project outputs having the character of investments in infrastructure or productive investments did not remain with the concerned LP and/or PPs for the timeframe and under the conditions set in Article 65 71 of Regulation (EU) No 1303/2013;
p) it has become impossible to verify that the progress report is correct and thus the eligibility of the CPRproject by funding from Interreg IPA CBC Italy Albania Montenegro Programme;
oq) the LP and/or any of the PPs is in the situation of undertaking in difficulty, within the meaning of point 24 (18in conjunction with point 20) of Article 2 the “Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty” (Communication from the Commission No. 2014/C 249/01 of Regulation (EU31.07.2014) No 651/2014 as well as in compliance with Article 7 (13(3) (d) of the ERDF RegulationRegulation No 1301/2013;
pr) the LP has failed to fulfil any other conditions or requirements for assistance stipulated in this contract and the provisions it is based on, notably if these conditions or requirements are meant to guarantee the successful achievement of the programme objectives.;
2. Prior to or instead of terminating the contract as provided for in this article, the MA may suspend payments as a precautionary measure, without prior notice. This measure shall be lifted as soon as the reasons for such measures cease to apply or requested proof can be furnished.
3. If the MA exercises its right of termination and the LP is demanded full or partial repayment of amounts already paid, the LP is obliged to transfer the repayment amount to the MA. The repayment amount is due within one month months following the date of the letter by which the MA asserts the repayment claim; the due date will be stated explicitly in the order for recovery.
4. If a LP or PP fails to return unduly paid funds in another project funded by the Interreg CENTRAL EUROPE ProgrammeIPA CBC Italy Albania Montenegro, the MA has the right to withdraw the corresponding ERDF IPA from any open payment in this project.
5. If the MA exercises its right of termination, offsetting by the LP is excluded unless its claim is undisputed or recognised by declaratory judgement.
6. If the MA exercises its right of termination and the LP is demanded full or partial repayment of amounts already paid, any . Any delay in effecting repayment shall give rise to interest on account of late payment, starting on the due date and ending on the date of actual payment. The rate of the late interest applied to the amount to be recovered will be calculated in accordance with Article 88 147 of the CPRRegulation (EC) No. 1303/2013.
7. After termination of this contract, the LP´s obligations (inter alia §§ 10, 11, 12, 13, 17, 20) and liabilities remain.
8. Bank charges incurred by the repayment of amounts due to the MA shall be borne entirely by the LP.
9. If any of the circumstances indicated in the aforementioned point 1 of this article paragraph occur before the full amount of subsidy has been paid to the LP, payments may be discontinued and there shall be no claims to payment of the remaining amount.
0010. Xx As laid out in § 3.32.3, the MA is entitled to terminate this contract if the European Commission fails to make the funds available due to reasons that are outside of the sphere of influence of the programme.
11. Any further legal claims shall remain unaffected by the above provisions.
Appears in 2 contracts
Samples: Subsidy Contract, Subsidy Contract
Termination and repayment. 1. In addition to the right of termination as laid down in § 3 the MA is entitled, in whole or in part, to terminate this contract and/or to demand repayment of subsidy in any of the following circumstances:
a) the LP has obtained the subsidy through false or incomplete statements or through forged documents;
b) the LP and its PPs partners receive additional funding from the European Union for all or part of the project expenditure reported under the programme Programme during the period of the implementation of the project;
c) the project has not been or cannot be implemented, or it has not been or cannot be implemented in due time;
d) the project has not started in due time and even a written reminder by the MA or MA/JS remains unsuccessful;
e) a change has occurred, e.g. e.g with regard to nature, scale, ownership, cost, timing, partnership or completion of the project, that has put at risk the achievement of the results planned and stated in the latest version of the approved application formApplication Form;
f) the project outputs and results are not in line with those described in the approved application formapplication;
g) the LP has failed to submit evidence of project progresses required reports (including reports, as in e.g. the progress reports according to the overview table of reporting targets and deadlines annexed to this contract)) or proofs, or to supply necessary information needed to verify project compliance, provided that the LP has received a written reminder setting an adequate deadline and explicitly specifying the legal consequences of a failure to comply with requirements and has failed to comply with this deadline;
h) the LP has infringed its duty to ask for prior written approval where indicated by this contract or in the programme manual Implementation Manual or has failed to immediately report events delaying or preventing the implementation of the project funded or any circumstances that mean a change of the disbursement conditions and frameworks as laid down in this contract;
i) the LP or its PPs obstruct or prevented the financial control and auditing as indicated in § 12 of this contract;
j) the amount of funding awarded has been partially or entirely misapplied for purposes other than those agreed in this contractupon;
k) insolvency proceedings are instituted against the assets of the LP or one of the PPs or insolvency proceedings are dismissed due to lack of assets for cost recovery or the LP or one of the PPs closes down or liquidates, provided that this appears to prevent or risk the achievement of the project objectives;
l) the provisions related to income and revenues as mentioned in § 15 and 16 of this contract are infringed or the LP does – for any other reasons – not make available the outputs to the MA; m) exceeding the permissible limits of the funding regulations (e.g. Article 61 of Regulation (EU) No 1303/2013) the LP wholly or partly sells, leases or lets the project outputs/results to a third party;
mn) regulations of EU-law including the horizontal policies or national regulations have been violated;
no) the ownership of project outputs having the character of investments in infrastructure or productive investments did not remain with the concerned LP and/or PPs for the timeframe and under the conditions set in Article 65 71 of Regulation (EU) No 1303/2013;
p) it has become impossible to verify that the progress report is correct and thus the eligibility of the CPRproject by funding from Interreg CENTRAL EUROPE Programme;
oq) the LP and/or any of the PPs is in the situation of undertaking in difficulty, within the meaning of point 24 (18in conjunction with point 20) of Article 2 the “Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty” (Communication from the Commission No. 2014/C 249/01 of Regulation (EU31.07.2014) No 651/2014 as well as in compliance with Article 7 (13(3) (d) of the ERDF RegulationRegulation No 1301/2013;
pr) the LP has failed to fulfil any other conditions or requirements for assistance stipulated in this contract and the provisions it is based on, notably if these conditions or requirements are meant to guarantee the successful achievement of the programme objectives.;
2. Prior to or instead of terminating the contract as provided for in this article, the MA may suspend payments as a precautionary measure, without prior notice. This measure shall be lifted as soon as the reasons for such measures cease to apply or requested proof can be furnished.
3. If the MA exercises its right of termination and the LP is demanded full or partial repayment of amounts already paid, the LP is obliged to transfer the repayment amount to the MA. The repayment amount is due within one month months following the date of the letter by which the MA asserts the repayment claim; the due date will be stated explicitly in the order for recovery.
4. If a LP or PP fails to return unduly paid funds in another project funded by the Interreg CENTRAL EUROPE ProgrammeCP, the MA has the right to withdraw the corresponding ERDF from any open payment in this project.
5. If the MA exercises its right of termination, offsetting by the LP is excluded unless its claim is undisputed or recognised by declaratory judgement.
6. If the MA exercises its right of termination and the LP is demanded full or partial repayment of amounts already paid, any . Any delay in effecting repayment shall give rise to interest on account of late payment, starting on the due date and ending on the date of actual payment. The rate of the late interest applied to the amount to be recovered will be calculated in accordance with Article 88 147 of the CPRRegulation (EC) No. 1303/2013.
7. After termination of this contract, the LP´s obligations (inter alia §§ 11, 12, 13, 1718, 2021) and liabilities remain.
8. Bank charges incurred by the repayment of amounts due to the MA shall be borne entirely by the LP.
9. If any of the circumstances indicated in the aforementioned point 1 of this article paragraph occur before the full amount of subsidy has been paid to the LP, payments may be discontinued and there shall be no claims to payment of the remaining amount.
00. Xx laid out in § 3.3, the MA is entitled to terminate this contract if the European Commission fails to make the funds available due to reasons that are outside of the sphere of influence of the programme.
11. Any further legal claims shall remain unaffected by the above provisions.
Appears in 2 contracts
Samples: Subsidy Contract, Subsidy Contract
Termination and repayment. 1. In addition to the right of termination as laid down in § 3 4 the MA is entitled, in whole or in part, to terminate this contract and/or to demand repayment of subsidy in any of the following circumstances:
a) the LP has obtained the subsidy through false or incomplete statements or through forged documents;
b) the LP and its PPs partners receive additional funding from the European Union for all or part of the project expenditure reported under the programme Programme during the period of the implementation of the project;
c) the project has not been or cannot be implemented, or it has not been or cannot be implemented in due time;
d) the project has not started in due time and even a written reminder by the MA or MA/JS remains unsuccessful;
e) a change has occurred, e.g. with regard to nature, scale, ownership, cost, timing, partnership or completion of the project, that has put at risk the achievement of the results planned and stated in the latest version of the approved application formApplication Form;
f) the project outputs and results are not in line with those described in the approved application formapplication;
g) the LP has failed to submit evidence of project progresses required reports (including reports, as in e.g. the progress reports according to the overview table of reporting targets and deadlines annexed to this contract)) or proofs, or to supply necessary information needed to verify project compliance, provided that the LP has received a written reminder setting an adequate deadline and explicitly specifying the legal consequences of a failure to comply with requirements and has failed to comply with this deadline;
h) the LP has infringed its duty to ask for prior written approval where indicated by this contract or in the programme manual Programme Manual or has failed to immediately report events delaying or preventing the implementation of the project funded or any circumstances that mean a change of the disbursement conditions and frameworks as laid down in this contract;
i) the LP or its PPs obstruct or prevented the financial control and auditing as indicated in § 12 11 of this contract;
j) the amount of funding awarded has been partially or entirely misapplied for purposes other than those agreed in this contractupon;
k) insolvency proceedings are instituted against the assets of the LP or one of the PPs or insolvency proceedings are dismissed due to lack of assets for cost recovery or the LP or one of the PPs closes down or liquidates, provided that this appears to prevent or risk the achievement of the project objectives;
l) the provisions related to income and revenues as mentioned in § 13 and 14 of this contract are infringed or the LP does – for any other reasons – not make available the outputs to the MA; m) exceeding the permissible limits of the funding regulations (e.g. Article 61 of Regulation (EU) No 1303/2013) the LP wholly or partly sells, leases or lets the project outputs/results to a third party;
mn) regulations of EU-law including the horizontal policies or national regulations have been violated;
no) the ownership of project outputs having the character of investments in infrastructure or productive investments did not remain with the concerned LP and/or PPs for the timeframe and under the conditions set in Article 65 71 of Regulation (EU) No 1303/2013;
p) it has become impossible to verify that the progress report is correct and thus the eligibility of the CPRproject by funding from Interreg IPA CBC Italy Albania Montenegro Programme;
oq) the LP and/or any of the PPs is in the situation of undertaking in difficulty, within the meaning of point 24 (18in conjunction with point 20) of Article 2 the “Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty” (Communication from the Commission No. 2014/C 249/01 of Regulation (EU31.07.2014) No 651/2014 as well as in compliance with Article 7 (13(3) (d) of the ERDF RegulationRegulation No 1301/2013;
pr) the LP has failed to fulfil any other conditions or requirements for assistance stipulated in this contract and the provisions it is based on, notably if these conditions or requirements are meant to guarantee the successful achievement of the programme objectives.;
2. Prior to or instead of terminating the contract as provided for in this article, the MA may suspend payments as a precautionary measure, without prior notice. This measure shall be lifted as soon as the reasons for such measures cease to apply or requested proof can be furnished.
3. If the MA exercises its right of termination and the LP is demanded full or partial repayment of amounts already paid, the LP is obliged to transfer the repayment amount to the MA. The repayment amount is due within one month months following the date of the letter by which the MA asserts the repayment claim; the due date will be stated explicitly in the order for recovery.
4. If a LP or PP fails to return unduly paid funds in another project funded by the Interreg CENTRAL EUROPE ProgrammeIPA CBC Italy Albania Montenegro, the MA has the right to withdraw the corresponding ERDF IPA from any open payment in this project.
5. If the MA exercises its right of termination, offsetting by the LP is excluded unless its claim is undisputed or recognised by declaratory judgement.
6. If the MA exercises its right of termination and the LP is demanded full or partial repayment of amounts already paid, any . Any delay in effecting repayment shall give rise to interest on account of late payment, starting on the due date and ending on the date of actual payment. The rate of the late interest applied to the amount to be recovered will be calculated in accordance with Article 88 147 of the CPRRegulation (EC) No. 1303/2013.
7. After termination of this contract, the LP´s obligations (inter alia §§ 9, 10, 11, 1216, 13, 17, 2019) and liabilities remain.
8. Bank charges incurred by the repayment of amounts due to the MA shall be borne entirely by the LP.
9. If any of the circumstances indicated in the aforementioned point 1 of this article paragraph occur before the full amount of subsidy has been paid to the LP, payments may be discontinued and there shall be no claims to payment of the remaining amount.
0010. Xx As laid out in § 3.32.3, the MA is entitled to terminate this contract if the European Commission fails to make the funds available due to reasons that are outside of the sphere of influence of the programme.
11. Any further legal claims shall remain unaffected by the above provisions.
Appears in 1 contract
Samples: Subsidy Contract
Termination and repayment. 1. In addition to the right of termination as laid down in § 3 the MA is entitled, in whole or in part, to terminate this contract and/or to demand repayment of subsidy in any of the following circumstances:
a) the LP has obtained the subsidy through false or incomplete statements or through forged documents;
b) the LP and its PPs receive additional funding from the European Union for all or part of the project expenditure reported under the programme during the period of the implementation of the project;
c) the project has not been or cannot be implemented, or it has not been or cannot be implemented in due time;
d) the project has not started in due time and a written reminder by the MA or JS remains unsuccessful;
e) a change has occurred, e.g. with regard to nature, scale, ownership, cost, timing, partnership or completion of the project, that has put at risk the achievement of the results planned and stated in the latest version of the approved application form;
f) the project outputs and results are not in line with those described in the approved application form;
g) the LP has failed to submit evidence of project progresses (including reports, as in the overview table of reporting targets and deadlines annexed to this contract), or to supply necessary information needed to verify project compliance, provided that the LP has received a written reminder setting an adequate deadline and explicitly specifying the legal consequences of a failure to comply with requirements and has failed to comply with this deadline;
h) the LP has infringed its duty to ask for prior written approval where indicated by this contract or in the programme manual or has failed to immediately report events delaying or preventing the implementation of the project funded or any circumstances that mean a change of the disbursement conditions and frameworks as laid down in this contract;
i) the LP or its PPs obstruct or prevented the financial control and auditing as indicated in § 12 of this contract;
j) the amount of funding awarded has been partially or entirely misapplied for purposes other than those agreed in this contract;
k) insolvency proceedings are instituted against the assets of the LP or one of the PPs or insolvency proceedings are dismissed due to lack of assets for cost recovery or the LP or one of the PPs closes down or liquidates, provided that this appears to prevent or risk the achievement of the project objectives;
l) the LP does – for any reasons – not make available the outputs to the MA;
m) regulations of EU-law including the horizontal policies or national regulations have been violated;
n) the ownership of project outputs having the character of investments in infrastructure or productive investments did not remain with the concerned LP and/or PPs for the timeframe and under the conditions set in Article 65 of the CPR;
o) the LP and/or any of the PPs is in the situation of undertaking in difficulty, within the meaning of point (18) of Article 2 of Regulation (EU) No 651/2014 as well as in compliance with Article 7 (1) (d) of the ERDF Regulation;
p) the LP has failed to fulfil any other conditions or requirements for assistance stipulated in this contract and the provisions it is based on, notably if these conditions or requirements are meant to guarantee the successful achievement of the programme objectives.
2. Prior to or instead of terminating the contract as provided for in this article, the MA may suspend payments as a precautionary measure, without prior notice. This measure shall be lifted as soon as the reasons for such measures cease to apply or requested proof can be furnished.
3. If the MA exercises its right of termination and the LP is demanded full or partial repayment of amounts already paid, the LP is obliged to transfer the repayment amount to the MA. The repayment amount is due within one month following the date of the letter by which the MA asserts the repayment claim; the due date will be stated explicitly in the order for recovery.
4. If a LP or PP fails to return unduly paid funds in another project funded by the Interreg CENTRAL EUROPE Programme, the MA has the right to withdraw the corresponding ERDF from any open payment in this project.
5. If the MA exercises its right of termination, offsetting by the LP is excluded unless its claim is undisputed or recognised by declaratory judgement.
6. If the MA exercises its right of termination and the LP is demanded full or partial repayment of amounts already paid, any delay in effecting repayment shall give rise to interest on account of late payment, starting on the due date and ending on the date of actual payment. The rate of the late interest applied to the amount to be recovered will be calculated in accordance with Article 88 of the CPR.
7. After termination of this contract, the LP´s obligations (inter alia §§ 11, 12, 13, 17, 20) and liabilities remain.
8. Bank charges incurred by the repayment of amounts due to the MA shall be borne entirely by the LP.
9. If any of the circumstances indicated in the aforementioned point 1 of this article occur before the full amount of subsidy has been paid to the LP, payments may be discontinued and there shall be no claims to payment of the remaining amount.
00. Xx laid out in § 3.3, the MA is entitled to terminate this contract if the European Commission fails to make the funds available due to reasons that are outside of the sphere of influence of the programme.
11. Any further legal claims shall remain unaffected by the above provisions.
Appears in 1 contract
Samples: Subsidy Contract
Termination and repayment. 1. In addition to the right of termination as laid down in § 3 the The MA is entitled, in whole or in part, to terminate this contract and/or to demand repayment of subsidy in any of the following circumstances:
a) the a. The LP has obtained the subsidy through false or incomplete statements or through forged documents;
b) the b. The LP and its PPs receive additional funding from the European Union Commission or other public authority for all or part of the same project expenditure reported under the programme during the period of the implementation of the project;
c) the c. The project has not been or cannot be implemented, or it has not been or cannot be implemented in due time;
d) the d. The project has not started in due time and even a written reminder by the MA or via the JS remains unsuccessful;
e) a e. A change has occurred, e.g. with regard to nature, scale, ownership, cost, timing, partnership or completion of the project, that has put at risk the achievement of the results goals and objectives planned and stated in the latest version of the approved application form;
f) the f. The project outputs and results are not in line with those described in the approved application formapplication;
g) the g. The LP has failed to submit evidence of project progresses the required reports (including reports, as in e.g. the progress reports according to the overview table of reporting targets and deadlines annexed to this contract)) or proofs, or to supply necessary information needed to verify project compliance, provided that the LP has received a written reminder setting an adequate deadline and explicitly specifying the legal consequences of a failure to comply with requirements and has failed to comply with this deadline;
h) the h. The LP has infringed its duty to ask for prior written approval where indicated by this contract or in the programme manual Implementation Manual or has failed to immediately report events delaying or preventing the implementation of the project funded or any circumstances that mean a change of the disbursement conditions and frameworks as laid down in this contract;
i) the i. The LP or its PPs obstruct obstructed or prevented the financial control and auditing as indicated in § 12 of this contract;
j) the j. The amount of funding awarded has been partially or entirely misapplied for purposes other than those agreed in this contractupon;
k) insolvency proceedings k. The provisions related to income and revenues as mentioned in § 15 and 17 of this contract are instituted against the assets of the LP infringed or one of the PPs or insolvency proceedings are dismissed due to lack of assets for cost recovery or the LP or one of the PPs closes down or liquidates, provided that this appears to prevent or risk the achievement of the project objectives;
l) the LP does – for any other reasons – not make available the outputs to the MA;
ml. Exceeding the permissible limits of the funding regulations (e.g. art. 61 of Regulation (EU) regulations No 1303/2013) the LP wholly or partly sells, leases or lets the project outputs/results to a third party;
m. Regulations of EU-EU law including the horizontal policies or national regulations have been violated;
n) the n. The ownership of project outputs having the character of investments in infrastructure or productive investments did not remain with the concerned LP and/or PPs for the timeframe and under the conditions set in Article 65 of the CPR;
o) the LP and/or any of the PPs is in the situation of undertaking in difficulty, within the meaning of point (18) of Article 2 art. 71 of Regulation (EU) No 651/2014 as well as in compliance with Article 7 (1) (d) 1303/2013;
o. It has become impossible to verify that the progress report is correct and thus the eligibility of the ERDF Regulationproject by funding from ADRION Programme;
p) the p. The LP has failed to fulfil any other conditions or requirements for assistance stipulated in this contract and the provisions it is based on, notably if these conditions or requirements are meant to guarantee the successful achievement of the programme objectives;
q. A PP with a private legal status faces the situation of undertaking in difficulties (ref. to point 24 in conjunction with point 20 of the “Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty” - Communication from the Commission No. 2014/C 249/01 of 31.07.2014) in compliance with Article 3(3) d) of Regulation No 1301/2013 shall be taking into account.
2. Prior to or instead of terminating the contract as provided for in this article, the MA may suspend payments as a precautionary measure, without prior notice. This measure shall be lifted as soon as the reasons for such measures cease to apply or requested proof can be furnished.
3. If the MA exercises its right of termination and the LP is demanded full or partial repayment of amounts already paid, the LP is obliged to transfer the repayment amount to the MA. The repayment amount is due within one month following the date of the letter by which the MA asserts the repayment claim; the due date will shall be stated explicitly in the order for recovery.
4. If a LP or PP fails to return unduly paid funds in another project funded by the Interreg CENTRAL EUROPE Programme, the MA has the right to withdraw the corresponding ERDF from any open payment in this project.
5. If the MA exercises its right of termination, offsetting by the LP is excluded unless its claim is undisputed or recognised by declaratory judgement.
6. If the MA exercises its right of termination and the LP is demanded full or partial repayment of amounts already paid, any Any delay in effecting repayment shall give rise to interest on account of late payment, starting on the due date and ending on the date of actual payment. The rate of the late interest applied to the amount to be recovered will shall be calculated in accordance with Article 88 art. 147 of the CPRRegulation (EC) No. 1303/2013.
74. After termination of this contractIf a LP or PP fails to return unduly paid funds in another project funded by ADRION, the LP´s obligations (inter alia §§ 11, 12, 13, 17, 20) and liabilities remainMA has the right to withdraw the corresponding EU funds from any open payment in this project.
85. If the MA exercises its right of termination, offsetting by the LP is excluded unless its claim is undisputed or recognised by declaratory judgement.
6. Bank charges incurred by the repayment of amounts due to the MA shall be borne entirely by the LP.
97. If any of the circumstances indicated in the aforementioned point 1 of this article occur paragraph occurs before the full amount of subsidy has been paid to the LP, payments may be discontinued and there shall be no claims to payment of the remaining amount.
008. Xx As laid out in § 3.32.6, the MA is entitled to terminate this contract if the European Commission fails to make the funds available due to reasons that are outside of the sphere of influence of the programme.
119. After termination of this contract, the LP´s obligations and liabilities remain in accordance with art. 71 of Regulation (EU) No 1303/2013.
10. Any further legal claims shall remain unaffected by the above provisions.
Appears in 1 contract
Samples: Subsidy Contract
Termination and repayment. 1. In addition to the right of termination as laid down in § 3 the The MA is entitled, in whole or in part, to terminate this contract and/or to demand repayment of subsidy in any of the following circumstances:
a) the a. The LP has obtained the subsidy through false or incomplete statements or through forged documents;
b) the b. The LP and its PPs receive additional funding from the European Union Commission or other public authority for all or part of the same project expenditure reported under the programme during the period of the implementation of the project;
c) the c. The project has not been or cannot be implemented, or it has not been or cannot be implemented in due time;
d) the d. The project has not started in due time and even a written reminder by the MA or via the JS remains unsuccessful;
e) a e. A change has occurred, e.g. with regard to nature, scale, ownership, cost, timing, partnership or completion of the project, that has put at risk the achievement of the results goals and objectives planned and stated in the latest version of the approved application form;
f) the f. The project outputs and results are not in line with those described in the approved application formapplication;
g) the g. The LP has failed to submit evidence of project progresses the required reports (including reports, as in e.g. the progress reports according to the overview table of reporting targets and deadlines annexed to this contract)) or proofs, or to supply necessary information needed to verify project compliance, provided that the LP has received a written reminder setting an adequate deadline and explicitly specifying the legal consequences of a failure to comply with requirements and has failed to comply with this deadline;
h) the h. The LP has infringed its duty to ask for prior written approval where indicated by this contract or in the programme manual Implementation Manual or has failed to immediately report events delaying or preventing the implementation of the project funded or any circumstances that mean a change of the disbursement conditions and frameworks as laid down in this contract;
i) the i. The LP or its PPs obstruct obstructed or prevented the financial control and auditing as indicated in § 12 of this contract;
j) the j. The amount of funding awarded has been partially or entirely misapplied for purposes other than those agreed in this contractupon;
k) insolvency proceedings k. The provisions related to income and revenues as mentioned in § 15 and 17 of this contract are instituted against the assets of the LP infringed or one of the PPs or insolvency proceedings are dismissed due to lack of assets for cost recovery or the LP or one of the PPs closes down or liquidates, provided that this appears to prevent or risk the achievement of the project objectives;
l) the LP does – for any other reasons – not make available the outputs to the MA;
ml. Exceeding the permissible limits of the funding regulations (e.g. art. 61 of Regulation (EU) regulations No 1303/2013) the LP wholly or partly sells, leases or lets the project outputs/results to a third party;
m. Regulations of EU-EU law including the horizontal policies or national regulations have been violated;
n) the n. The ownership of project outputs having the character of investments in infrastructure or productive investments did not remain with the concerned LP and/or PPs for the timeframe and under the conditions set in Article 65 of the CPR;
o) the LP and/or any of the PPs is in the situation of undertaking in difficulty, within the meaning of point (18) of Article 2 art. 71 of Regulation (EU) No 651/2014 as well as in compliance with Article 7 (1) (d) 1303/2013;
o. It has become impossible to verify that the progress report is correct and thus the eligibility of the ERDF Regulationproject by funding from XXXXXX Programme;
p) the p. The LP has failed to fulfil any other conditions or requirements for assistance stipulated in this contract and the provisions it is based on, notably if these conditions or requirements are meant to guarantee the successful achievement of the programme objectives;
q. A PP with a private legal status faces the situation of undertaking in difficulties (ref. to point 24 in conjunction with point 20 of the “Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty” - Communication from the Commission No. 2014/C 249/01 of 31.07.2014) in compliance with Article 3(3) d) of Regulation No 1301/2013 shall be taking into account.
2. Prior to or instead of terminating the contract as provided for in this article, the MA may suspend payments as a precautionary measure, without prior notice. This measure shall be lifted as soon as the reasons for such measures cease to apply or requested proof can be furnished.
3. If the MA exercises its right of termination and the LP is demanded full or partial repayment of amounts already paid, the LP is obliged to transfer the repayment amount to the MA. The repayment amount is due within one month following the date of the letter by which the MA asserts the repayment claim; the due date will shall be stated explicitly in the order for recovery.
4. If a LP or PP fails to return unduly paid funds in another project funded by the Interreg CENTRAL EUROPE Programme, the MA has the right to withdraw the corresponding ERDF from any open payment in this project.
5. If the MA exercises its right of termination, offsetting by the LP is excluded unless its claim is undisputed or recognised by declaratory judgement.
6. If the MA exercises its right of termination and the LP is demanded full or partial repayment of amounts already paid, any Any delay in effecting repayment shall give rise to interest on account of late payment, starting on the due date and ending on the date of actual payment. The rate of the late interest applied to the amount to be recovered will shall be calculated in accordance with Article 88 art. 147 of the CPRRegulation (EC) No. 1303/2013.
74. After termination of this contractIf a LP or PP fails to return unduly paid funds in another project funded by XXXXXX, the LP´s obligations (inter alia §§ 11, 12, 13, 17, 20) and liabilities remainMA has the right to withdraw the corresponding EU funds from any open payment in this project.
85. If the MA exercises its right of termination, offsetting by the LP is excluded unless its claim is undisputed or recognised by declaratory judgement.
6. Bank charges incurred by the repayment of amounts due to the MA shall be borne entirely by the LP.
97. If any of the circumstances indicated in the aforementioned point 1 of this article occur paragraph occurs before the full amount of subsidy has been paid to the LP, payments may be discontinued and there shall be no claims to payment of the remaining amount.
008. Xx As laid out in § 3.32.6 , the MA is entitled to terminate this contract if the European Commission fails to make the funds available due to reasons that are outside of the sphere of influence of the programme.
119. After termination of this contract, the LP´s obligations and liabilities remain in accordance with art. 71 of Regulation (EU) No 1303/2013.
10. Any further legal claims shall remain unaffected by the above provisions.
Appears in 1 contract
Samples: Subsidy Contract
Termination and repayment. 1. In addition to the right of termination as laid down in § 3 2.4 the MA is entitled, in whole or in part, to terminate this contract and/or and to demand repayment of subsidy in any of the following circumstances:subsidy, if
a) the LP has obtained the subsidy through false or incomplete statements or through forged documents;statements; or
b) the LP and its PPs receive additional funding from the European Union for all or part of the project expenditure reported under the programme during the period of the implementation of the project;
c) the project has not been or cannot be implemented, or it has not been or cannot be implemented in due time;; or
d) the project has not started in due time and a written reminder by the MA or JS remains unsuccessful;
ec) a change has occurred, e.g. with regard to nature, scale, ownership, cost, timing, partnership or completion of occurred in the project, project that has put at risk the achievement of the results planned and stated planed in the latest version of the approved application form;application, or
fd) the project outputs and results are not in line with those described promised in the approved application form;application; or
ge) the LP has failed to submit evidence of project progresses (including reports, as in the overview table of reporting targets and deadlines annexed to this contract)required reports or proofs, or to supply necessary information needed to verify project compliance, provided that the LP has received a written reminder setting an adequate deadline and explicitly specifying the legal consequences of a failure to comply with requirements requirements, and has failed to comply with this deadline;; or
hf) the LP has infringed its duty to ask for prior written approval where indicated by this contract or in the programme manual or has failed to immediately report events delaying or preventing the implementation of the project funded funded, or any circumstances that mean a change of the disbursement conditions and frameworks as laid down in this contract;; or
ig) the LP or its PPs obstruct has obstructed or prevented the financial control and auditing as indicated in § 12 9 of this contract;contract or
jh) the amount of funding awarded has been partially or entirely misapplied for purposes other than those agreed in this contract;upon; or
ki) insolvency proceedings are instituted against the assets of the LP or one of the PPs or insolvency proceedings are dismissed due to lack of assets for cost recovery or the LP or one of the PPs closes down or liquidatesrecovery, provided that this appears to prevent or risk the achievement implementation of the project programme objectives;, or the LP closes down; or
lj) the provisions of § 11 point 6 and 12 points 3 of this contract are infringed or the LP does – for any other reasons – not make available the outputs to the MA;; or
mk) regulations of EU-law including the horizontal policies or national regulations have been violated;; or
nl) it has become impossible to verify that the ownership of project outputs having final progress report is correct and thus the character of investments in infrastructure or productive investments did not remain with the concerned LP and/or PPs for the timeframe and under the conditions set in Article 65 eligibility of the CPR;project by funding from CENTRAL EUROPE Programme, or
o) the LP and/or any of the PPs is in the situation of undertaking in difficulty, within the meaning of point (18) of Article 2 of Regulation (EU) No 651/2014 as well as in compliance with Article 7 (1) (d) of the ERDF Regulation;
pm) the LP has failed to fulfil any other conditions or requirements for assistance stipulated in this contract and the provisions it is based on, notably if these conditions or requirements are meant to guarantee the successful achievement implementation of the programme objectives.
2. Prior to or instead of terminating the contract as provided for in this article, the MA may suspend payments as a precautionary measure, without prior notice. This measure shall be lifted as soon as the reasons for such measures cease to apply or requested proof can be furnished.
32. If the MA exercises its right of termination and the LP is demanded full or partial repayment of amounts already paid, the LP is obliged to transfer the repayment amount to the MA. The repayment amount is due within one month three months following the date of the letter by which the MA asserts the repayment claim; the due date will be stated explicitly in the order for recovery.
4. If a LP or PP fails to return unduly paid funds in another project funded by the Interreg CENTRAL EUROPE Programme, the MA has the right to withdraw the corresponding ERDF from any open payment in this project.
53. If the MA exercises its right of termination, offsetting by the LP is excluded unless its claim is undisputed or recognised by declaratory judgement.
64. If the MA exercises its right of termination and the LP is demanded full or partial repayment of amounts already paid, any delay in effecting repayment the amount repayable shall give rise be subject to interest on account of late payment, starting on the due date and ending on the date of actual paymentinterest. The interest rate of the late interest applied to the amount to be recovered will be calculated determined in accordance with Article 88 102(2) of the CPRRegulation (EC) No 1083/2006.
7. After termination of this contract, the LP´s obligations (inter alia §§ 11, 12, 13, 17, 20) and liabilities remain.
85. Bank charges incurred by the repayment of amounts due to the MA shall be borne entirely by the LP.
96. If any of the circumstances indicated in the aforementioned point 1 of this article paragraph occur before the full amount of subsidy has been paid to the LP, payments may be discontinued and there shall be no claims to payment of the remaining amount.
00. Xx laid out in § 3.3, the MA is entitled to terminate this contract if the European Commission fails to make the funds available due to reasons that are outside of the sphere of influence of the programme.
117. Any further legal claims shall remain unaffected by the above provisions.
Appears in 1 contract
Samples: Subsidy Contract
Termination and repayment. 1. In addition to the right of termination as laid down in § 3 the MA is entitled, in whole or in part, to terminate this contract and/or to demand repayment of subsidy in any of the following circumstances:
a) the LP has obtained the subsidy through false or incomplete statements or through forged documents;
b) the LP and its PPs partners receive additional funding from the European Union for all or part of the project expenditure reported under the programme Programme during the period of the implementation of the project;
c) the project has not been or cannot be implemented, or it has not been or cannot be implemented in due time;
d) the project has not started in due time and even a written reminder by the MA or MA/JS remains unsuccessful;
e) a change has occurred, e.g. e.g with regard to nature, scale, ownership, cost, timing, partnership or completion of the project, that has put at risk the achievement of the results planned and stated in the latest version of the approved application formApplication Form;
f) the project outputs and results are not in line with those described in the approved application formapplication;
g) the LP has failed to submit evidence of project progresses required reports (including reports, as in e.g. the progress reports according to the overview table of reporting targets and deadlines annexed to this contract)) or proofs, or to supply necessary information needed to verify project compliance, provided that the LP has received a written reminder setting an adequate deadline and explicitly specifying the legal consequences of a failure to comply with requirements and has failed to comply with this deadline;
h) the LP has infringed its duty to ask for prior written approval where indicated by this contract or in the programme manual Implementation Manual or has failed to immediately report events delaying or preventing the implementation of the project funded or any circumstances that mean a change of the disbursement conditions and frameworks as laid down in this contract;
i) the LP or its PPs obstruct or prevented the financial control and auditing as indicated in § 12 of this contract;
j) the amount of funding awarded has been partially or entirely misapplied for purposes other than those agreed in this contractupon;
k) insolvency proceedings are instituted against the assets of the LP or one of the PPs or insolvency proceedings are dismissed due to lack of assets for cost recovery or the LP or one of the PPs closes down or liquidates, provided that this appears to prevent or risk the achievement of the project objectives;
l) the provisions related to income and revenues as mentioned in § 15 and 16 of this contract are infringed or the LP does – for any other reasons – not make available the outputs to the MA; m) exceeding the permissible limits of the funding regulations (e.g. Article 61 of Regulation (EU) No 1303/2013) the LP wholly or partly sells, leases or lets the project outputs/results to a third party;
mn) regulations of EU-law including the horizontal policies or national regulations have been violated;
no) the ownership of project outputs having the character of investments in infrastructure or productive investments did not remain with the concerned LP and/or PPs for the timeframe and under the conditions set in Article 65 71 of Regulation (EU) No 1303/2013;
p) it has become impossible to verify that the progress report is correct and thus the eligibility of the CPRproject by funding from Interreg CENTRAL EUROPE Programme;
oq) the LP and/or any of the PPs is in the situation of undertaking in difficulty, within the meaning of point 24 (18in conjunction with point 20) of Article 2 the “Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty” (Communication from the Commission No. 2014/C 249/01 of Regulation (EU31.07.2014) No 651/2014 as well as in compliance with Article 7 (13(3) (d) of the ERDF RegulationRegulation No 1301/2013;
pr) the LP has failed to fulfil any other conditions or requirements for assistance stipulated in this contract and the provisions it is based on, notably if these conditions or requirements are meant to guarantee the successful achievement of the programme objectives.;
2. Prior to or instead of terminating the contract as provided for in this article, the MA may suspend payments as a precautionary measure, without prior notice. This measure shall be lifted as soon as the reasons for such measures cease to apply or requested proof can be furnished.
3. If the MA exercises its right of termination and the LP is demanded full or partial repayment of amounts already paid, the LP is obliged to transfer the repayment amount to the MA. The repayment amount is due within one month months following the date of the letter by which the MA asserts the repayment claim; the due date will be stated explicitly in the order for recovery.
4. If a LP or PP fails to return unduly paid funds in another project funded by the Interreg CENTRAL EUROPE ProgrammeCP, the MA has the right to withdraw the corresponding ERDF from any open payment in this project.
5. If the MA exercises its right of termination, offsetting by the LP is excluded unless its claim is undisputed or recognised by declaratory judgement.
6. If the MA exercises its right of termination and the LP is demanded full or partial repayment of amounts already paid, any . Any delay in effecting repayment shall give rise to interest on account of late payment, starting on the due date and ending on the date of actual payment. The rate of the late interest applied to the amount to be recovered will be calculated in accordance with Article 88 147 of the CPRRegulation (EC) No. 1303/2013.
7. After termination of this contract, the LP´s obligations (inter alia §§ 11, 12, 13, 1718, 2021) and liabilities remain.
8. Bank charges incurred by the repayment of amounts due to the MA shall be borne entirely by the LP.
9. If any of the circumstances indicated in the aforementioned point 1 of this article paragraph occur before the full amount of subsidy has been paid to the LP, payments may be discontinued and there shall be no claims to payment of the remaining amount.
0010. Xx As laid out in § 3.3, the MA is entitled to terminate this contract if the European Commission fails to make the funds available due to reasons that are outside of the sphere of influence of the programme.
11. Any further legal claims shall remain unaffected by the above provisions.
Appears in 1 contract
Samples: Subsidy Contract
