– 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 accordance with Article II.13, either contracting party may terminate the Contract, where performance thereof cannot be ensured for a period corresponding to at least to one fifth of the period laid down in Article I.2.3. II.16.3. Prior to termination under point c), d), e), h) or k), the Contractor shall be given the opportunity to submit his observations.
Appears in 10 contracts
Samples: Service Contract, Service Contract, Service Contract
– TERMINATION BY THE AGENCY. II.16.1II.15.1. 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.16.2II.15.2. In case of force majeure, notified in accordance with Article II.13II.12, either contracting party may terminate the Contract, where performance thereof cannot be ensured for a period corresponding to at least to one fifth of the period laid down in Article I.2.3.
II.16.3II.15.3. Prior to termination under point c), d), e), h) or k), the Contractor shall be given the opportunity to submit his observations.
Appears in 8 contracts
Samples: Service Contract, Service Contract, Service Contract
– 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 Contractor‟s legal, financial, technical or organisational situation could, in the Agency’s 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 accordance with Article II.13, either contracting party may terminate the Contract, where performance thereof cannot be ensured for a period corresponding to at least to one fifth of the period laid down in Article I.2.3.
II.16.3. Prior to termination under point c), d), e), h) or k), the Contractor shall be given the opportunity to submit his observations.
Appears in 6 contracts
Samples: Service Contract, Service Contract, Service Contract
– TERMINATION BY THE AGENCY. II.16.1. II.14.1 The Agency may terminate the Contract or a pending order 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' Union’s 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 under a pending order has not actually commenced within three months fifteen days 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. II.14.2 In case of force majeure, notified in accordance with Article II.13II.11, either contracting party may terminate the Contract, where performance thereof cannot be ensured for a period corresponding to at least to one fifth of the period laid down in Article I.2.3.
II.16.3. II.14.3 Prior to termination under point c), d), e), h) or k), the Contractor shall be given the opportunity to submit his observations.
Appears in 5 contracts
Samples: Framework Service Contract, Framework Service Contract, Framework Service Contract
– TERMINATION BY THE AGENCY. II.16.1. II.15.1 The Agency may terminate the Contract 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;
(ce) 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 under a pending order or a specific contract has not actually commenced within three months fifteen days4 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. II.15.2 In case of force majeure, notified in accordance with Article II.13II.12, either contracting party may terminate the Contract, where performance thereof cannot be ensured for a period corresponding to at least to one fifth of the period laid down in Article I.2.3.
II.16.3. II.15.3 Prior to termination under point c), d), e), h) or k), the Contractor shall be given the opportunity to submit his observations. Termination shall take effect on the date on which a registered letter with acknowledgment of receipt terminating the Contract is received by the Contractor, or on any other date indicated in the letter of termination.
Appears in 2 contracts
Samples: Framework Service Contract, Framework Service Contract
– TERMINATION BY THE AGENCY. II.16.1. II.15.1 The Agency may terminate the Contract 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 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' Union's 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 Contractor‟s legal, financial, technical or organisational situation could, in the Agency’s 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 within three months fifteen days 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. II.15.2 In case of force majeure, notified in accordance with Article II.13II.12, either contracting party may terminate the Contract, where performance thereof cannot be ensured for a period corresponding to at least to one fifth of the period laid down in Article I.2.3.
II.16.3. II.15.3 Prior to termination under point c), d), e), h) or k), the Contractor shall be given the opportunity to submit his observations.
Appears in 2 contracts
Samples: Framework Contract, Framework Service Contract
– TERMINATION BY THE AGENCY. II.16.1. II.16.1 The Agency may terminate the Contract 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 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' Union's 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 under a pending order or a specific contract has not actually commenced within three months fifteen days 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. II.16.2 In case of force majeure, notified in accordance with Article II.13, either contracting party may terminate the Contract, where performance thereof cannot be ensured for a period corresponding to at least to one fifth of the period laid down in Article I.2.3.
II.16.3. II.16.3 Prior to termination under point c), d), e), h) or k), the Contractor shall be given the opportunity to submit his observations.
Appears in 2 contracts
Samples: Framework Service Contract, Framework Service Contract
– TERMINATION BY THE AGENCY. II.16.1II.15.1. 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 months1 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.16.2II.15.2. In case of force majeure, notified in accordance with Article II.13II.12, either contracting party may terminate the Contract, where performance thereof cannot be ensured for a period corresponding to at least to one fifth of the period laid down in Article I.2.3.
II.16.3II.15.3. Prior to termination under point c), d), e), h) or k), the Contractor shall be given the opportunity to submit his observations. Termination shall take effect on the date on which a registered letter with acknowledgment of receipt terminating the Contract is received by the Contractor, or on any other date indicated in the letter of termination.
Appears in 1 contract
Samples: Service Contract
– TERMINATION BY THE AGENCY. II.16.1. II.15.1 The Agency may terminate the Contract Contract, a pending order form or 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 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' European Union’s 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 under a pending order form or a specific contract has not actually commenced within three months fifteen days 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. II.15.2 In case of force majeure, notified in accordance with Article II.13II.12, either contracting party may terminate the Contract, where performance thereof cannot be ensured for a period corresponding to at least to one fifth of the period laid down in Article I.2.3.
II.16.3. II.15.3 Prior to termination under point c), d), e), h) or k), the Contractor shall be given the opportunity to submit his observations.
Appears in 1 contract
Samples: Framework Service Contract
– TERMINATION BY THE AGENCY. II.16.1. II.15.1 The Agency may terminate the Contract Contract, a pending order or 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 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' European Union’s 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 under a pending order or a specific contract has not actually commenced within three months fifteen days 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. II.15.2 In case of force majeure, notified in accordance with Article II.13II.12, either contracting party may terminate the Contract, where performance thereof cannot be ensured for a period corresponding to at least to one fifth of the period laid down in Article I.2.3.
II.16.3. II.15.3 Prior to termination under point c), d), e), h) or k), the Contractor shall be given the opportunity to submit his observations.
Appears in 1 contract
Samples: Framework Service Contract
– TERMINATION BY THE AGENCY. II.16.1. II.15.1 The Agency may terminate the Contract 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 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' Union's 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 under a pending order or a specific contract has not actually commenced within three months fifteen days 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. II.15.2 In case of force majeure, notified in accordance with Article II.13II.12, either contracting party may terminate the Contract, where performance thereof cannot be ensured for a period corresponding to at least to one fifth of the period laid down in Article I.2.3.
II.16.3. II.15.3 Prior to termination under point c), d), e), h) or k), the Contractor shall be given the opportunity to submit his observations.
Appears in 1 contract
Samples: Framework Service Contract
– TERMINATION BY THE AGENCY. II.16.1. II.15.1 The Agency may terminate the Contract Contract, a pending order form or 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 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' European Union’s 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 under a pending order or a specific contract has not actually commenced within three months fifteen days 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. II.15.2 In case of force majeure, notified in accordance with Article II.13II.12, either contracting party may terminate the Contract, where performance thereof cannot be ensured for a period corresponding to at least to one fifth of the period laid down in Article I.2.3.
II.16.3. II.15.3 Prior to termination under point c), d), e), h) or k), the Contractor shall be given the opportunity to submit his observations.
Appears in 1 contract
Samples: Framework Service Contract
– TERMINATION BY THE AGENCY. II.16.1. II.15.1 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' European Union’s 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 fifteen days 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. II.15.2 In case of force majeure, notified in accordance with Article II.13II.12, either contracting party may terminate the Contract, where performance thereof cannot be ensured for a period corresponding to at least to one fifth of the period laid down in Article I.2.3.
II.16.3. II.15.3 Prior to termination under point c), d), e), h) or k), the Contractor shall be given the opportunity to submit his observations. Termination shall take effect on the date on which a registered letter with acknowledgment of receipt terminating the Contract is received by the Contractor, or on any other date indicated in the letter of termination.
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Samples: Service Contract