Common use of – TERMINATION BY THE AGENCY Clause in Contracts

– TERMINATION BY THE AGENCY. The Agency may decide to terminate the framework agreement and/or the specific agreements or to terminate the participation of a partner, without any indemnity on its part, in the following circumstances: (a) in the event of a legal, financial, technical, organisational or auditing change in the consortium’s situation that is liable to affect framework agreement and/or the specific agreements substantially or to call into question the decision to award the grant; (b) if the consortium fails to fulfil a substantial obligation incumbent on him under the terms of the framework agreement and/or the specific agreements, including its annexes; (c) in the event of force majeure, notified in accordance with Article II.9, or if a work programme has been suspended as a result of exceptional circumstances, notified in accordance with Article II.8; (d) if a partner is declared bankrupt, is being wound up or is the subject of any other similar proceedings; (e) if a partner is found guilty of an offence involving his professional conduct by a judgment having the force of res judicata or if he is guilty of grave professional misconduct proven by any justified means; (f) if a partner is guilty of misrepresentation or submits reports inconsistent with reality to obtain the grant provided for in the framework agreement and/or the specific agreements; (g) if a partner has intentionally or by negligence committed a substantial irregularity in performing the framework agreement and/or the specific agreements or in the event of fraud, corruption or any other illegal activity on the part of the contractor to the detriment of the European Communities' financial interests. A substantial irregularity consists of any infringement of a provision of an agreement or regulation resulting from an act or an omission on the part of the partner, which causes or might cause a loss to the Community budget.

– TERMINATION BY THE AGENCY. The Agency may decide to terminate the framework agreement and/or the specific agreements or to terminate the participation of a partner, without any indemnity on its part, in the following circumstances: (a) in the event of a legal, financial, technical, organisational or auditing change in the consortium’s situation that is liable to affect framework agreement and/or the specific agreements substantially or to call into question the decision to award the grant; (b) if the consortium fails to fulfil a substantial obligation incumbent on him under the terms of the framework agreement and/or the specific agreements, including its annexes; (c) in the event of force majeure, notified in accordance with Article II.9, or if a work programme workprogramme has been suspended as a result of exceptional circumstances, notified in accordance with Article II.8; (d) if a partner is declared bankrupt, is being wound up or is the subject of any other similar proceedings; (e) if a partner is found guilty of an offence involving his professional conduct by a judgment having the force of res judicata or if he is guilty of grave professional misconduct proven by any justified means; (f) if a partner is guilty of misrepresentation or submits reports inconsistent with reality to obtain the grant provided for in the framework agreement and/or the specific agreements; (g) if a partner has intentionally or by negligence committed a substantial irregularity in performing the framework agreement and/or the specific agreements or in the event of fraud, corruption or any other illegal activity on the part of the contractor to the detriment of the European Communities' financial interests. A substantial irregularity consists of any infringement of a provision of an agreement or regulation resulting from an act or an omission on the part of the partner, which causes or might cause a loss to the Community budget.