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Common use of Termination by the Commission Clause in Contracts

Termination by the Commission. The Commission may decide to terminate the framework agreement at any time, without any indemnity on its part, by giving 60 days' written notice. Where the Commission 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 Commission may decide to terminate the framework agreement and the specific 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 partner’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 partner 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.9 or if the action has been suspended as a result of exceptional circumstances, notified in accordance with Article II.8; (d) if the 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 Commission has evidence or seriously suspects the partner or any related entity or person, of professional misconduct; (f) if the 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 Commission has evidence or seriously suspects the 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 financial interests; (h) where the Commission has evidence or seriously suspects the 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 partner 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 partner. 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.

Appears in 4 contracts

Samples: Framework Partnership Agreement, Framework Partnership Agreement, Framework Partnership Agreement

Termination by the Commission. The Commission may decide to terminate the framework agreement at any time, without any indemnity on its part, by giving 60 days' written notice. Where the Commission 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 Commission may decide to terminate the framework agreement and the specific agreements in the process of being implementedagreement, without any indemnity on its part, in the following circumstances: (a) in the event of a change to the partnerbeneficiary’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 partner 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.9 II.8, or if the action has been suspended as a result of exceptional circumstances, notified in accordance with Article II.8II.7; (d) if the partner 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 Commission has evidence or seriously suspects the partner beneficiary or any related entity or person, of professional misconduct; (f) if the partner 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 Commission has evidence or seriously suspects the partner 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 Communities' financial interests; (h) where the Commission has evidence or seriously suspects the partner 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 partner 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 partnerbeneficiary. 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.

Appears in 3 contracts

Samples: Grant Agreement, Grant Agreement, Grant Agreement

Termination by the Commission. II.15.1 The Commission may decide to terminate the framework agreement at any timeContract, without any indemnity on its part, by giving 60 days' written notice. Where the Commission avails itself of that right, it must honour the obligations arising from the implementation of any a pending order or a 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 Commission may decide to terminate the framework agreement and the specific agreements in the process of being implemented, without any indemnity on its part, contract in the following circumstances: (a) in where the event of a change to the partner’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 partner 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.9 or if the action has been suspended as a result of exceptional circumstances, notified in accordance with Article II.8; (d) if the partner is declared bankrupt, 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 any other similar proceedings concerning those matters, or is in an any analogous situation arising from a similar procedure provided for in national legislation or regulations; (eb) where the Commission Contractor has evidence or seriously suspects been convicted of an offence concerning his professional conduct by a judgment which has the partner or any related entity or person, force of professional misconductres judicata; (fc) if where the partner Contractor has been guilty of grave professional misconduct proven by any means which the Commission 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 it he is establishedestablished or with those of the country applicable to the Contract or those of the country where the Contract is to be performed; (ge) where the Commission has evidence or seriously suspects the partner or any related entity or person, Contractor of fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the Union's 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 Commission as a condition of participation in the Contract procedure or failed to supply this information; (h) where the Commission has evidence or seriously suspects the partner or any related entity or person, of substantial errors, irregularities or fraud a change in the award procedure Contractor’s legal, financial, technical or organisational situation could, in the Commission’s opinion, have a significant effect on the performance of the grantContract; (i) where execution of the tasks under a pending order or a specific contract has not actually commenced within fifteen days of the date foreseen, and the new date proposed, if any, is considered unacceptable by the partner has made false declarations or submits reports inconsistent with reality Commission; (j) where the Contractor is unable, through his own fault, to obtain any permit or licence required for performance of the grant provided Contract; 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; where the maximum liquidated damages specified in Article II.16.2 have been applied by the Commission. 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 one fifth of the period laid down in the agreement. In the cases referred Article I.2.3. II.15.3 Prior to in points (termination under point e), (g) and (h) aboveor 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 related person shall mean any physical person with powers other date indicated in the letter of representation, decision-making or control in relation to the partner. 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 1983termination.

Appears in 1 contract

Samples: Hybrid Service Contract

Termination by the Commission. II.15.1 The Commission may decide to terminate the framework agreement at any timeContract, without any indemnity on its part, by giving 60 days' written notice. Where the Commission avails itself of that right, it must honour the obligations arising from the implementation of any a pending order or a 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 Commission may decide to terminate the framework agreement and the specific agreements in the process of being implemented, without any indemnity on its part, contract in the following circumstances: (a) in where the event of a change to the partner’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 partner 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.9 or if the action has been suspended as a result of exceptional circumstances, notified in accordance with Article II.8; (d) if the partner is declared bankrupt, 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 any other similar proceedings concerning those matters, or is in an any analogous situation arising from a similar procedure provided for in national legislation or regulations; (eb) where the Commission Contractor has evidence or seriously suspects been convicted of an offence concerning his professional conduct by a judgment which has the partner or any related entity or person, force of professional misconductres judicata; (fc) if where the partner Contractor has been guilty of grave professional misconduct proven by any means which the Commission 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 it he is establishedestablished or with those of the country applicable to the Contract or those of the country where the Contract is to be performed; (ge) where the Commission has evidence or seriously suspects the partner or any related entity or person, Contractor of fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the Union's 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 Commission as a condition of participation in the Contract procedure or failed to supply this information; (h) where the Commission has evidence or seriously suspects the partner or any related entity or person, of substantial errors, irregularities or fraud a change in the award procedure Contractor’s legal, financial, technical or organisational situation could, in the Commission’s opinion, have a significant effect on the performance of the grantContract; (i) where execution of the tasks under a pending order or a specific contract has not actually commenced within fifteen days6 of the date foreseen, and the new date proposed, if any, is considered unacceptable by the partner has made false declarations or submits reports inconsistent with reality Commission; (j) where the Contractor is unable, through his own fault, to obtain any permit or licence required for performance of the grant provided 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 the agreement. In the cases referred Article I.2.3. II.15.3 Prior to in points (termination under point e), (g) and (h) aboveor 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 related person shall mean any physical person with powers other date indicated in the letter of representation, decision-making or control in relation to the partner. 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 1983termination.

Appears in 1 contract

Samples: Framework Service Contract

Termination by the Commission. The Commission may decide to terminate the framework agreement at any time, without any indemnity on its part, by giving 60 days' written notice. Where the Commission 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 Commission may decide to terminate the framework agreement and the specific agreements in the process of being implementedagreement, without any indemnity on its part, in the following circumstances: (a) in the event of a change to the partnerbeneficiary’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 partner 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.9 II.8, or if the action has been suspended as a result of exceptional circumstances, notified in accordance with Article II.8II.7; (d) if the partner 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 Commission has evidence or seriously suspects the partner beneficiary or any related entity or person, person of professional misconduct; (f) if the partner 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 Commission has evidence or seriously suspects the partner beneficiary or any related entity or person, person of fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the Union's financial interests; (h) where the Commission has evidence or seriously suspects the partner beneficiary or any related entity or person, person of substantial errors, irregularities or fraud in the award procedure or the performance of the grant; (i) if the partner 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 partnerbeneficiary. 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.

Appears in 1 contract

Samples: Grant Agreement

Termination by the Commission. II.15.1 The Commission may decide to terminate the framework agreement at any timeContract, without any indemnity on its part, by giving 60 days' written notice. Where the Commission avails itself of that right, it must honour the obligations arising from the implementation of any a pending order or a 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 Commission may decide to terminate the framework agreement and the specific agreements in the process of being implemented, without any indemnity on its part, contract in the following circumstances: (a) in where the event of a change to the partner’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 partner 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.9 or if the action has been suspended as a result of exceptional circumstances, notified in accordance with Article II.8; (d) if the partner is declared bankrupt, 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 any other similar proceedings concerning those matters, or is in an any analogous situation arising from a similar procedure provided for in national legislation or regulations; (eb) where the Commission Contractor has evidence or seriously suspects been convicted of an offence concerning professional conduct by a judgment which has the partner or any related entity or person, force of professional misconductres judicata; (fc) if where the partner Contractor has been guilty of grave professional misconduct proven by any means which the Commission 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 it he is establishedestablished or with those of the country applicable to the Contract or those of the country where the Contract is to be performed; (ge) where the Commission has evidence or seriously suspects the partner or any related entity or person, Contractor of fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the Union's 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 Commission as a condition of participation in the Contract procedure or failed to supply this information; (h) where the Commission has evidence or seriously suspects the partner or any related entity or person, of substantial errors, irregularities or fraud a change in the award procedure Contractor’s legal, financial, technical or organisational situation could, in the Commission’s opinion, have a significant effect on the performance of the grantContract; (i) where execution of the tasks provided for under a pending order or a specific contract has not actually commenced within fifteen days7 of the date foreseen, and the new date proposed, if any, is considered unacceptable by the partner has made false declarations or submits reports inconsistent with reality Commission; (j) where the Contractor is unable, through his own fault, to obtain any permit or licence required for performance of the grant provided 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 cases 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 the agreement. In the cases referred Article I.2.3. II.15.3 Prior to in points termination under point (e), (g) and (h) aboveor (k), any related person the Contractor shall mean any physical person with powers of representation, decision-making or control in relation be given the opportunity to the partner. 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 1983submit his observations.

Appears in 1 contract

Samples: Framework Service Contract