Common use of – TERMINATION BY THE AGENCY Clause in Contracts

– 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. 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 upup , 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. 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 organizational 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 fulfill 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 organization or any other illegal activity detrimental to the Union’s '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. The Agency may decide to terminate the agreement, without any liability to the payment of an 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 's financial interestinterests; (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. The Agency may decide to terminate the agreementAgreement or the participation of one or several beneficiaries participating in the action, without any indemnity on its part, in the following circumstances: (a) in the event of a change to any of the beneficiary’s beneficiaries legal, financial, technical, organisational or ownership situation that is liable to affect the agreement Agreement substantially or to call into question the decision to award the grant; (b) if the beneficiary fails one or more beneficiaries fail(s) to fulfil a substantial obligation incumbent on him him(them) under the terms of the agreementAgreement, including its annexesAnnexes; (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 a beneficiary is declared bankrupt, is being wound up, or 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 a beneficiary or any related entity or person, of professional misconduct; (f) if the a 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 a 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 's financial interestinterests; (h) where the Agency has evidence or seriously suspects the a 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 a beneficiary has made false declarations or submits reports inconsistent with reality to obtain the grant provided for in the agreementAgreement. 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. The Agency may decide to terminate the agreementframework agreement at any time, without any indemnity on its part, by giving 60 days' written notice. Where the Agency avails itself of that right, it must honour the obligations arising from the implementation of any specific agreements which have entered into force before the date when termination of the framework agreement takes effect, insofar as this implementation gives rise to expenditure foreseen in those specific agreements which is reasonable, except in the cases set out below. The Agency may decide to terminate the Framework Agreement and the Specific Grant Agreements in the process of being implemented, without any indemnity on its part, in the following circumstances: (a) in the event of a change to the beneficiarypartner’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 partner fails to fulfil a substantial obligation incumbent on him under the terms of the agreementFramework Agreement or Specific Grant Agreements, including its their annexes; (c) in the event of force majeure, notified in accordance with Article II.8II.9, or if the action has been suspended as a result of exceptional circumstances, notified in accordance with Article II.7;II.8. (d) if the beneficiary partner 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 partner or any related entity or person, of professional misconduct; (f) if the beneficiary partner 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 partner or any related entity or person, of fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the Union’s Unions' financial interestinterests; (h) where the Agency has evidence or seriously suspects the beneficiary partner 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 partner has made false declarations or submits reports inconsistent with reality to obtain the grant provided for in the agreementAgreement. 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 beneficiarypartner. 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. 1 Where the value of the contract exceeds EUR 60 000, departments may include provision in the Special Conditions for specific rules of procedure to apply based on those contained in the Financial Regulation with due regard to the estimated value of the contract, the relative size of the Union contribution and the management risk. 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 '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. The Agency may decide to terminate the agreementAgreement or the participation of one or several beneficiaries participating in the action, without any indemnity on its part, in the following circumstances: (a) in the event of a change to any of the beneficiary’s beneficiaries legal, financial, technical, organisational or ownership situation that is liable to affect the agreement Agreement substantially or to call into question the decision to award the grant; (b) if the beneficiary fails one or more beneficiaries fail(s) to fulfil a substantial obligation incumbent on him him(them) under the terms of the agreementAgreement, 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 a beneficiary is declared bankrupt, is being wound up, or is having his affairs affaires 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 a beneficiary or any related entity or person, of professional misconduct; (f) if the a 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 a beneficiary or any related entity or person, of fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the European Union’s financial interestinterests; (h) where the Agency has evidence or seriously suspects the a 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 a beneficiary has made false declarations or submits reports inconsistent with reality to obtain the grant provided for in the agreementAgreement. 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. The Agency may decide to terminate the agreementframework agreement at any time, without any indemnity on its part, by giving 60 days' written notice. Where the Agency avails itself of that right, it must honour the obligations arising from the implementation of any specific agreements which have entered into force before the date when termination of the framework agreement takes effect, insofar as this implementation gives rise to expenditure foreseen in those specific agreements which is reasonable, except in the cases set out below. The Agency may decide to terminate the Framework Agreement and the Specific Grant Agreements in the process of being implemented, without any indemnity on its part, in the following circumstances: (a) in the event of a change to the beneficiarypartner’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 partner fails to fulfil a substantial obligation incumbent on him under the terms of the agreementFramework Agreement or Specific Grant Agreements, including its their annexes; (c) in the event of force majeure, notified in accordance with Article II.8II.9, or if the action has been suspended as a result of exceptional circumstances, notified in accordance with Article II.7;II.8. (d) if the beneficiary partner 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 partner or any related entity or person, of professional misconduct; (f) if the beneficiary partner 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 partner or any related entity or person, of fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the Union’s Communities' financial interestinterests; (h) where the Agency has evidence or seriously suspects the beneficiary partner 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 partner has made false declarations or submits reports inconsistent with reality to obtain the grant provided for in the agreementAgreement. 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 beneficiarypartner. 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. The Agency may decide to terminate the agreementagreement or the participation of one or several beneficiaries participating in the action, without any indemnity on its part, in the following circumstances: (a) in the event of a change to any of the beneficiary’s beneficiaries 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 one or more beneficiaries fail(s) to fulfil a substantial obligation incumbent on him him(them) 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 a beneficiary is declared bankrupt, is being wound up, or is having his affairs affaires 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 a beneficiary or any related entity or person, of professional misconduct; (f) if the a 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 a 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 's financial interestinterests; (h) where the Agency has evidence or seriously suspects the a 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 a 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. The Agency may decide to terminate the agreementagreement or the participation of one or several beneficiaries participating in the action, without any indemnity on its part, in the following circumstances: (a) in the event of a change to any of the beneficiary’s beneficiaries 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 one or more beneficiaries fail(s) to fulfil a substantial obligation incumbent on him him(them) 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 a beneficiary is declared bankrupt, is being wound up, or is having his affairs his/her affaires 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 a beneficiary or any related entity or person, of professional misconduct; (f) if the a 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 a 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 's financial interestinterests; (h) where the Agency has evidence or seriously suspects the a 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 a 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. 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 '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 offorce 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 's financial interestinterests; (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.