Common use of TERMINATION BY THE CONTRACTING AUTHORITY Clause in Contracts

TERMINATION BY THE CONTRACTING AUTHORITY. 2.15.1 The Contracting Authority may terminate the Contract or a pending order or specific contract in the following circumstances: (a) where the Contractor is being wound up, is having his affairs administered by the courts, has entered into an arrangement with creditors, has suspended business activities, is the subject of proceedings concerning those matters, or is in any analogous situation arising from a similar procedure provided for in national legislation or regulations; (b) where the Contractor has not fulfilled obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which he is established or with those of the country applicable to the Contract or those of the country where the Contract is to be performed; (c) where the Contracting Authority has evidence or seriously suspects the Contractor or any related entity or person, of professional misconduct; (d) where the Contracting Authority 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 Union's financial interests; (e) where the Contracting Authority has evidence or seriously suspects the Contractor or any related entity or person, of substantial errors, irregularities or fraud in the award procedure or the performance of the Contract; (f) where the Contractor is in breach of his obligations under Article 2.3; (g) where the Contractor was guilty of misrepresentation in supplying the information required by the Contracting Authority 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 Contracting Authority’s opinion, have a significant effect on the performance of the Contract; (i) where execution of the tasks under a pending order or a specific contract has not actually commenced within fifteen (15) days1 of the date foreseen, and the new date proposed, if any, is considered unacceptable by the Contracting Authority; (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; (l) when due to the termination of the contract with one or more of the contractors there is no minimum required competition within the multiple framework contract with reopening of competition. 2.15.2 In case of force majeure, notified in accordance with Article 2.12, 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 1.2.3. 2.15.3 Prior to termination under point c), d), e), h) or k), the Contractor shall be given the opportunity to submit his observations.

TERMINATION BY THE CONTRACTING AUTHORITY. 2.15.1 The Contracting Authority may terminate the Contract or Contract, a pending order or a specific contract in the following circumstances: (a) where the Contractor is being wound up, is having his affairs administered by the courts, has entered into an arrangement with creditors, has suspended business activities, is the subject of proceedings concerning those matters, or is in any analogous situation arising from a similar procedure provided for in national legislation or regulations; (b) where the Contractor has not fulfilled obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which he is established or with those of the country applicable to the Contract or those of the country where the Contract is to be performed; (c) where the Contracting Authority has evidence or seriously suspects the Contractor or any related entity or person, of professional misconduct; (d) where the Contracting Authority 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 Union's financial interests; (e) where the Contracting Authority has evidence or seriously suspects the Contractor or any related entity or person, of substantial errors, irregularities or fraud in the award procedure or the performance of the Contract; (f) where the Contractor is in breach of his obligations under Article 2.3; (g) where the Contractor was guilty of misrepresentation in supplying the information required by the Contracting Authority 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 Contracting Authority’s opinion, have a significant effect on the performance of the Contract; (i) where execution of the tasks under a pending order or a specific contract has not actually commenced within fifteen (15) days1 of the date foreseen, and the new date proposed, if any, is considered unacceptable by the Contracting Authority; (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; (l) when due to the termination of the contract with one or more of the contractors there is no minimum required competition within the multiple framework contract with reopening of competition. 2.15.2 In case of force majeure, notified in accordance with Article 2.12, 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 1.2.3. 2.15.3 Prior to termination under point c), d), e), h) or k), the Contractor shall be given the opportunity to submit his observations.

TERMINATION BY THE CONTRACTING AUTHORITY. 2.15.1 The Contracting Authority may terminate the Contract or a pending order or specific contract in the following circumstances: (a) where the Contractor is being wound up, is having his affairs administered by the courts, has entered into an arrangement with creditors, has suspended business activities, is the subject of proceedings concerning those matters, or is in any analogous situation arising from a similar procedure provided for in national legislation or regulations; (b) where the Contractor has not fulfilled obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which he is established or with those of the country applicable to the Contract or those of the country where the Contract is to be performed; (c) where the Contracting Authority has evidence or seriously suspects the Contractor or any related entity or person, of professional misconduct; (d) where the Contracting Authority 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 Union's financial interests; (e) where the Contracting Authority has evidence or seriously suspects the Contractor or any related entity or person, of substantial errors, irregularities or fraud in the award procedure or the performance of the Contract; (f) where the Contractor is in breach of his obligations under Article 2.3; (g) where the Contractor was guilty of misrepresentation in supplying the information required by the Contracting Authority 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 Contracting Authority’s opinion, have a significant effect on the performance of the Contract; (i) where execution of the tasks under a pending order or a specific contract has not actually commenced within fifteen (15) days1 days3 of the date foreseen, and the new date proposed, if any, is considered unacceptable by the Contracting Authority;; 3 This period can be modified in the Special Conditions depending on the nature of the contract. (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; (l) when due to the termination of the contract with one or more of the contractors there is no minimum required competition within the multiple framework contract with reopening of competition. 2.15.2 In case of force majeure, notified in accordance with Article 2.12, 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 1.2.3. 2.15.3 Prior to termination under point c), d), e), h) or k), the Contractor shall be given the opportunity to submit his observations.

TERMINATION BY THE CONTRACTING AUTHORITY. 2.15.1 2.12.1 The Contracting Authority may terminate the Contract or a pending order or specific contract in the following circumstances: (a) where the Contractor is being wound up, is having his affairs administered by the courts, has entered into an arrangement with creditors, has suspended business activities, is the subject of proceedings concerning those matters, or is in any analogous situation arising from a similar procedure provided for in national legislation or regulations; (b) where the Contractor has not fulfilled obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which he is established or with those of the country applicable to the Contract or those of the country where the Contract is to be performed; (c) where the Contracting Authority has evidence or seriously suspects the Contractor or any related entity or person, of professional misconduct; (d) where the Contracting Authority 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 Union's financial interests; (e) where the Contracting Authority has evidence or seriously suspects the Contractor or any related entity or person, of substantial errors, irregularities or fraud in the award procedure or the performance of the Contract; (f) where the Contractor is in breach of his obligations under Article 2.3; (g) where the Contractor was guilty of misrepresentation in supplying the information required by the Contracting Authority 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 Contracting Authority’s opinion, have a significant effect on the performance of the Contract; (i) where execution of the tasks under a pending order or a specific contract has not actually commenced within fifteen (15) days1 of the date foreseen, and the new date proposed, if any, is considered unacceptable by the Contracting Authority; (j) where the Contractor is unable, through his own fault, to obtain any permit or licence required for performance of the Contract; (kj) 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;. (lk) when due to the termination of the contract with one or more of the contractors there is no minimum required competition within the multiple framework contract with reopening of competition. 2.15.2 2.12.2 In case of force majeure, notified in accordance with Article 2.122.9, either contracting party may terminate the Contract, where performance thereof cannot be ensured for a period quantity of goods corresponding to at least to one fifth of the period laid down in Article 1.2.3quantity of goods ordered. 2.15.3 2.12.3 Prior to termination under point c), d), e), h) or kj), the Contractor shall be given the opportunity to submit his observations.