Common use of – TERMINATION BY THE AGENCY Clause in Contracts

– 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 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.15.3 Prior to termination under point 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.

– 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 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.15.3 Prior to termination under point 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.

– 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 within fifteen days6 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. 6 This period can be modified in the Special Conditions depending on the nature of the contract. II.15.2 In case of force majeure, notified in accordance with Article II.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.15.3 Prior to termination under point 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.

– TERMINATION BY THE AGENCY. II.15.1 II.12.1 The Agency may terminate the Contract, Contract or 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 within fifteen days of the date foreseenprovided for, 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 II.12.2 In case the event of force majeure, notified in accordance with Article II.12II.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 or 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.15.3 II.12.3 Prior to termination under point 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.

– 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 within fifteen days6 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.15.2 In case of force majeure, notified in accordance with Article II.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.15.3 Prior to termination under point 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.

– 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 within fifteen days6 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 6 This period can be modified in the Special Conditions depending on the nature of the contract. 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 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.15.3 Prior to termination under point 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.

– 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 within fifteen days6 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. 6 This period can be modified in the Special Conditions depending on the nature of the contract. II.15.2 In case of force majeure, notified in accordance with Article II.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.I.2.3.‌ II.15.3 Prior to termination under point 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.

– 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 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.15.3 Prior to termination under point 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.

– TERMINATION BY THE AGENCY. II.15.1 The II.15.1. Notwithstanding any other term of this Contract, the Agency may terminate the Contract, a pending order or a specific contract Contract forthwith in the following circumstances: (a) where the Contractor is unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986, is being wound up, is having his its 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 regulationsregulations applicable to the Contractor; (b) where the Contractor is an individual, he has been convicted of an a criminal offence concerning his professional conduct by a judgment judgement which has the force of res judicatajudicata (other than minor road traffic offences which do not affect the provision of the Services); (c) where the Contractor has been guilty of grave sanctioned for professional misconduct proven by any means which the Agency sanctioning authority can reasonably justify; (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 Agency's financial and/or reputational 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 was guilty of misrepresentation in supplying the information in the Contractor’s Tender or required by the Agency as a condition of entering into the Contract or failed to supply this information; (g) where there is a change of control of the Contractor and or any holding company of the Contractor whereby the Agency (acting reasonably at all times) considers there is a material detriment to its financial situation or its ability to carry out its functions in the way expected of it. In this clause (g), control means the ability to direct the affairs of another, whether by way of contract, ownership of shares or otherwise howsoever; (h) where the Contractor has not fulfilled obligations relating to the payment of social security contributions or the payment of taxes taxes, whether or not in connection with the Contractor’s Staff, in accordance with the legal provisions of the country in which he it 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; (fi) where the Contractor is in breach of his any obligations under Article II.3;Articles II.3 and II.9. II.15.2. Notwithstanding any other term of this Contract, the Agency may terminate the contract forthwith in the following circumstances: (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; (ha) where a change in the Contractor’s legal, financial, technical or organisational situation could, in the Agency’s reasonable opinion, have a significant effect on the performance of the Contract; (ib) where execution provision of the tasks under a pending order or a specific contract Services has not actually commenced on within three months of the date foreseenagreed, and the new date proposed, if any, is considered unacceptable by the Agency; (jc) where the Contractor is unable, through his its own fault, to obtain any permit or licence required for performance of the Contract; (kd) where the ContractorContractor is in breach of any other obligations hereunder; PROVIDED the Contractor fails to remedy said breach, only after receiving formal notice in writing to comply, specifying remedy said breach which specifies the nature of the alleged failure, breach and after being given gives the Contractor the opportunity to remedy the failure breach within a reasonable period following receipt of the formal notice, remains notice but in serious breach of his contractual obligationsany event not exceeding 14 days. II.15.2 II.15.3. In case of force majeure, notified in accordance with Article II.12, either contracting party may terminate the ContractContract at any time, where performance thereof cannot be ensured for a period corresponding to at least to one fifth of the period laid down in Article I.2.3I.2.3 immediately following the event amounting to force majeure occurring. II.15.3 II.15.4. Prior to termination under point ea), hb), c) or k)d) of Article II.15.2, the Contractor shall be given the opportunity to submit his its observations. II.15.5. Termination shall take effect on the date on which a registered letter notice with pro-forma acknowledgment of receipt attached terminating the Contract is received by the Contractor, or on any other date indicated in the letter of terminationnotice.

– 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 within fifteen days9 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.15.2 In case of force majeure, notified in accordance with Article II.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.15.3 Prior to termination under point 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.

– 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 within fifteen days1 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.15.2 In case of force majeure, notified in accordance with Article II.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.15.3 Prior to termination under point 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.

– 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 within fifteen days5 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.15.2 In case of force majeure, notified in accordance with Article II.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.15.3 Prior to termination under point 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.