– TERMINATION BY THE AGENCY. II.16.1. The Agency may terminate the Contract in the following circumstances:
(a) where the Contractor is being wound up, is having his affairs administered by the courts, has entered into an arrangement with creditors, has suspended business activities, is the subject of proceedings concerning those matters, or is in any analogous situation arising from a similar procedure provided for in national legislation or regulations;
(b) where the Contractor has not fulfilled obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which he is established or with those of the country applicable to the Contract or those of the country where the Contract is to be performed;
(c) where the Agency has evidence or seriously suspects the Contractor or any related entity or person, of professional misconduct;
(d) where the Agency has evidence or seriously suspects the Contractor or any related entity or person, of fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the Communities' financial interests;
(e) where the Agency has evidence or seriously suspects the Contractor or any related entity or person, of substantial errors, irregularities or fraud in the award procedure or the performance of the Contract;
(f) where the Contractor is in breach of his obligations under Article II.3;
(g) where the Contractor was guilty of misrepresentation in supplying the information required by the Agency as a condition of participation in the Contract procedure or failed to supply this information;
(h) where a change in the Contractor’s legal, financial, technical or organisational situation could, in the Agency’s opinion, have a significant effect on the performance of the Contract;
(i) where execution of the tasks has not actually commenced within three months of the date foreseen, and the new date proposed, if any, is considered unacceptable by the Agency;
(j) where the Contractor is unable, through his own fault, to obtain any permit or licence required for performance of the Contract;
(k) where the Contractor, after receiving formal notice in writing to comply, specifying the nature of the alleged failure, and after being given the opportunity to remedy the failure within a reasonable period following receipt of the formal notice, remains in serious breach of his contractual obligations.
II.16.2. In case of force majeure, notified in acc...
– TERMINATION BY THE AGENCY. The Agency may decide to terminate the agreement, without any indemnity on its part, in the following circumstances:
(a) in the event of a change to the beneficiary’s legal, financial, technical, organisational or ownership situation that is liable to affect the agreement substantially or to call into question the decision to award the grant;
(b) if the beneficiary fails to fulfil a substantial obligation incumbent on him under the terms of the agreement, including its annexes;
(c) in the event of force majeure, notified in accordance with Article II.8, or if the action has been suspended as a result of exceptional circumstances, notified in accordance with Article II.7;
(d) if the beneficiary is declared bankrupt, is being wound up, is having his affairs administered by the courts, has entered into an arrangement with creditors, has suspended business activities, is the subject of any other similar proceedings concerning those matters, or is in an analogous situation arising from a similar procedure provided for in national legislation or regulations;
(e) where the Agency has evidence or seriously suspects the beneficiary or any related entity or person, of professional misconduct;
(f) if the beneficiary has not fulfilled obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which it is established;
(g) where the Agency has evidence or seriously suspects the beneficiary or any related entity or person, of fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the Union’s financial interest;
(h) where the Agency has evidence or seriously suspects the beneficiary or any related entity or person, of substantial errors, irregularities or fraud in the award procedure or the performance of the grant;
(i) if the beneficiary has made false declarations or submits reports inconsistent with reality to obtain the grant provided for in the agreement. In the cases referred to in points (e), (g) and (h) above, any related person shall mean any physical person with powers of representation, decision-making or control in relation to the beneficiary. Any related entity shall mean in particular any entity which meets the criteria laid down by Article 1 of the Seventh Council Directive n°83/349/EEC of 13 June 1983.
– TERMINATION BY THE AGENCY. II.15.1 The Agency may terminate the Contract, a pending order or a specific contract in the following circumstances:
(a) where the Contractor is being wound up, is having his affairs administered by the courts, has entered into an arrangement with creditors, has suspended business activities, is the subject of proceedings concerning those matters, or is in any analogous situation arising from a similar procedure provided for in national legislation or regulations;
(b) where the Contractor has been convicted of an offence concerning his professional conduct by a judgment which has the force of res judicata;
(c) where the Contractor has been guilty of grave professional misconduct proven by any means which the Agency can justify;
(d) where the Contractor has not fulfilled obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which he is established or with those of the country applicable to the Contract or those of the country where the Contract is to be performed;
(e) where the Agency seriously suspects the Contractor of fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the Communities' financial interests;
(f) where the Contractor is in breach of his obligations under Article II.3;
(g) where the Contractor was guilty of misrepresentation in supplying the information required by the Agency as a condition of participation in the Contract procedure or failed to supply this information;
(h) where a change in the Contractor’s legal, financial, technical or organisational situation could, in the Agency’s opinion, have a significant effect on the performance of the Contract;
(i) where execution of the tasks under a pending order or a specific contract has not actually commenced on the date foreseen, and the new date proposed, if any, is considered unacceptable by the Agency;
(j) where the Contractor is unable, through his own fault, to obtain any permit or licence required for performance of the Contract;
(k) where the Contractor, after receiving formal notice in writing to comply, specifying the nature of the alleged failure, and after being given the opportunity to remedy the failure within a reasonable period following receipt of the formal notice, remains in serious breach of his contractual obligations.
II.15.2 In case of force majeure, notified in accordance with Article II.12, either contracting party may te...
– TERMINATION BY THE AGENCY. The Agency may terminate the Contract, a pending order or a specific contract in the following circumstances:
– TERMINATION BY THE AGENCY. The Agency may decide to terminate the framework agreement and/or the specific agreements or to terminate the participation of a partner, without any indemnity on its part, in the following circumstances:
(a) in the event of a legal, financial, technical, organisational or auditing change in the consortium’s situation that is liable to affect framework agreement and/or the specific agreements substantially or to call into question the decision to award the grant;
(b) if the consortium fails to fulfil a substantial obligation incumbent on him under the terms of the framework agreement and/or the specific agreements, including its annexes;
(c) in the event of force majeure, notified in accordance with Article II.9, or if a work programme has been suspended as a result of exceptional circumstances, notified in accordance with Article II.8;
(d) if a partner is declared bankrupt, is being wound up or is the subject of any other similar proceedings;
(e) if a partner is found guilty of an offence involving his professional conduct by a judgment having the force of res judicata or if he is guilty of grave professional misconduct proven by any justified means;
(f) if a partner is guilty of misrepresentation or submits reports inconsistent with reality to obtain the grant provided for in the framework agreement and/or the specific agreements;
(g) if a partner has intentionally or by negligence committed a substantial irregularity in performing the framework agreement and/or the specific agreements or in the event of fraud, corruption or any other illegal activity on the part of the contractor to the detriment of the European Communities' financial interests. A substantial irregularity consists of any infringement of a provision of an agreement or regulation resulting from an act or an omission on the part of the partner, which causes or might cause a loss to the Community budget.
– TERMINATION BY THE AGENCY. II.12.1 The Agency may terminate the Contract in the following circumstances:
(a) where the Contractor is being wound up, is having his affairs administered by the courts, has entered into an arrangement with creditors, has suspended business activities, is the subject of proceedings concerning those matters, or is in any analogous situation arising from a similar procedure provided for in national legislation or regulations;
(b) where the Contractor has been convicted of an offence concerning his professional conduct by a judgment which has the force of res judicata;
(c) where the Contractor has been guilty of grave professional misconduct proven by any means which the contracting authority can justify;
(d) where the Contractor has not fulfilled obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which he is established or with those of the country applicable to the Contract or those of the country where the Contract is to be performed;
(e) where the Agency seriously suspects the Contractor of fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the Communities' financial interests;
(f) where the Contractor is in breach of his obligations under Article II.3;
(g) where the Contractor was guilty of misrepresentation in supplying the information required by the Agency as a condition of participation in the Contract procedure or failed to supply this information;
(h) where a change in the Contractor’s legal, financial, technical or organisational situation could, in the Agency’s opinion, have a significant effect on the performance of the Contract;
(i) where the Contractor is unable, through his own fault, to obtain any permit or licence required for performance of the Contract;
(j) where the Contractor, after receiving formal notice in writing to comply, specifying the nature of the alleged failure, and after being given the opportunity to remedy the failure within a reasonable period following receipt of the formal notice, remains in serious breach of his contractual obligations.
II.12.2 In case of force majeure, notified in accordance with Article II.9, either contracting party may terminate the Contract, where performance thereof cannot be ensured for a quantity of goods corresponding to at least one fifth of the quantity of goods ordered.
II.12.3 Prior to termination under point e), h) or j), the Contractor ...
– TERMINATION BY THE AGENCY. In the event that prior to conveyance of title to the Site to the Redeveloper: Disposition and Development Agreement No. 93-001 Page 28
(a) The Redeveloper assigns or attempts to assign this Agreement or any rights therein or in the Site in violation of this Agreement; or
(b) There is any significant voluntary change in the ownership or identity of the Redeveloper or the parties in control of the Redeveloper or the degree thereof contrary to the provisions of Section 107 hereof; or
(c) The Redeveloper does not submit evidence that it has the necessary equity capital and mortgage financing for acquisition and development of the Site in reasonably satisfactory form and in the manner and by the dates provided in this Agreement; or
(d) The Redeveloper fails to submit to the Agency construction plans, drawings and related documents are required by this Agreement; or
(e) The Redeveloper does not pay the Disposition Price and take title to the Site under a tender of conveyance by the Agency pursuant to this Agreement; or
(f) If any default or failure referred to in subdivision (d) and (e) of this Section shall not be cured within thirty (30) days after the date of written demand by the Agency; then, this Agreement, and any rights of the Redeveloper or any assignee or transferee in this Agreement pertaining thereto or arising therefrom with respect to the Agency, shall, at the option of the Agency, be terminated by the Agency. In the event of termination of this Section 511, the Deposit may be retained by the Agency as liquidated damages and as its property without any deduction, offset or recoupment whatsoever. If the Redeveloper should default upon its obligations making it necessary for the Agency to terminate this Agreement and to procure another party or parties to redevelop the Site in substantially the manner and within the period that such Site would be redeveloped under the terms of this Agreement, then the damages suffered by the Agency by reason thereof would be uncertain. Such damages would involve such variable Disposition and Development Agreement No. 93-001 Page 29 factors as the consideration which such party would pay for the Site; the expenses of continuing the ownership and control of the Site; of interesting parties and negotiating with such parties; postponement of tax revenues therefrom to the community; and the failure of the Agency to effect its purposes and objectives within a reasonable time, resulting in additional immeasurable damage an...
– TERMINATION BY THE AGENCY. Pursuant to 2 CFR § 200.340(a)(4) (or, for HHS Awards: 45 CFR § 75.372(a)(4)), the Agency may terminate this Agreement upon sending the County written notification setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, in the case of partial termination, if the County determines that the reduced or modified portion will not accomplish the purposes for which this Agreement was made, the County may terminate the Agreement in its entirety. Additionally, the Agency’s failure to complete performance in the manner initially agreed upon may compromise the Agency’s ability to receive subawards, other grants, or any other contract opportunities from the County in the future.
– TERMINATION BY THE AGENCY. (a) Without limiting any other rights or remedies of the Agency, the Agency may, by notice, immediately terminate the Funding Contract if:
(i) the Business breaches the Funding Contract and the Business does not remedy the breach within 20 days, or such longer time as the Agency states in writing, of receiving notice from the Agency requiring the breach to be remedied; or
(ii) the Business, through its actions, puts the reputation of the Agency at risk (in the opinion of the Agency); or
(iii) the Business breaches the Funding Contract and, in the opinion of the Agency, the breach cannot be remedied;
(iv) the Agency considers that the Business has breached any of the following clauses: clause 1 (what the business must do), clause 3 (work health and safety) or clause 5 (insurance); or
– TERMINATION BY THE AGENCY. The Agency may decide to terminate the agreement or the participation of any one or several beneficiaries in the action without any indemnity on its part, in the following circumstances:
(a) in the event of a change to the beneficiary's legal, financial, technical, organisational or ownership situation that is liable to affect the agreement substantially or to call into question the decision to award the grant;
(b) if a beneficiary fails to fulfil a substantial obligation incumbent on him under the terms of the agreement and its annexes;
(c) in the event of force majeure, notified in accordance with Article II.8, or if the action has been suspended as a result of exceptional circumstances, notified in accordance with Article II.7;
(d) if the beneficiary is declared bankrupt, is being wound up, is having his affairs administered by the courts, has entered into an arrangement with creditors, has suspended business activities, is the subject of any other similar proceedings concerning those matters, or is in an analogous situation arising from a similar procedure provided for in national legislation or regulations;
(e) where the Agency has evidence or seriously suspects the beneficiary or any related entity or person, of professional misconduct;
(f) if the beneficiary has not fulfilled obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which it is established;
(g) where the Agency has evidence or seriously suspects the beneficiary or any related entity or person, of fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the Union's financial interests;
(h) where the Agency has evidence or seriously suspects the beneficiary or any related entity or person, of substantial errors, irregularities or fraud in the award procedure or the performance of the grant;
(i) if the beneficiary has made false declarations or submits reports inconsistent with reality to obtain the grant provided for in the agreement. In the cases referred to in points (e), (g) and (h) above, any related person shall mean any physical person with powers of representation, decision-making or control in relation to the beneficiary. Any related entity shall mean in particular any entity which meets the criteria laid down by Article 1 of the Seventh Council Directive n° 83/349/EEC of 13 June 1983.
