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 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 Contracting Authority 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 Contracting Authority seriously suspects that the Contractor is guilty of fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the The Union' financial interests; 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 has not actually commenced within fifteen days of the date provided for, 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. 2.15.2 In the event 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 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 CONTRACTING AUTHORITY. 2.15.1 The Contracting Authority may terminate the 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 Contracting Authority 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 Contracting Authority seriously suspects that the Contractor is guilty of fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the The Union' financial interests; 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 has not actually commenced within fifteen days of the date provided for, 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. 2.15.2 In the event 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 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 CONTRACTING AUTHORITY. 2.15.1 The 21.1. Subject to any other provision of these General Conditions, the Contracting Authority may may, after giving seven days' notice to the Contractor, terminate the Contract contract in any of the following circumstancescases where: a) where the Contractor is in serious breach of contract for failure to perform its contractual obligations; b) the Contractor fails to comply within a reasonable time with the notice given by the Project Manager requiring it to make good the neglect or failure to perform its obligations under the contract which seriously affects the proper and timely implementation of the tasks; c) the Contractor refuses or neglects to carry out any administrative orders given by the Project Manager; d) the Contractor assigns the contract or subcontracts without the authorisation of the Contracting Authority; e) the Contractor is bankrupt or 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 regulations; bf) where any organisational modification occurs involving a change in the legal personality, nature or control of the Contractor, unless such modification is recorded in an addendum to the contract; g) any other legal disability hindering performance of the contract occurs; h) the Contractor has been convicted of an offence concerning his professional conduct fails to provide the required guarantees or insurance, or the person providing the earlier guarantee or insurance is not able to abide by a judgment which has the force of res judicataits commitments; ci) where the Contractor has been guilty of grave professional misconduct proven by any means which the Contracting Authority can justify; dj) where the Contractor has not fulfilled obligations relating to been the payment subject of social security contributions or a judgment which has the payment force 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 Contracting Authority seriously suspects that the Contractor is guilty of res judicata for fraud, corruption, involvement in a criminal organisation organisation, money laundering or any other illegal activity, where such illegal activity is detrimental to the The European Union' 's financial interests; fk) 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 opinionperformance of another contract financed by the EU budget/EDF funds has been declared to be in serious breach of contract; l) after the award of the contract, have a significant effect on the award procedure or the performance of the Contract; icontract proves to have been subject to substantial errors, irregularities or fraud; m) where execution the award procedure or the performance of the tasks has not actually commenced within fifteen days of the date provided for, and the new date proposed, if any, is considered unacceptable another contract financed by the Contracting Authority; j) where EU budget/EDF funds proves to have been subject to substantial errors, irregularities or fraud which are likely to affect the Contractor is unable, through his own fault, to obtain any permit or licence required for performance of the Contractpresent contract; kn) where the Contractor fails to maintain the contract record during a 7 years period after the final payment is made under the contract; o) the Contractor fails to perform its obligation; p) the Contractor fails to comply with its obligation. 21.2. Termination shall be without prejudice to any other rights or powers under the contract of the Contracting Authority and the Contractor. The Contracting Authority may, after receiving formal notice thereafter, conclude any other contract with a third party, at the Contractor's own expense. The Contractor's liability for delay in writing completion shall immediately cease when the Contracting Authority terminates the contract without prejudice to comply, specifying the nature any liability thereunder that may already have arisen. 21.3. Upon termination 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. 2.15.2 In the event 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 e), h) contract or k)when it has received notice thereof, the Contractor shall be given take immediate steps to bring the opportunity implementation of the tasks to submit his observationsa close in a prompt and orderly manner and to reduce expenditure to a minimum. 21.4. Termination shall take effect on The Project Manager shall, as soon as possible after termination, certify the value of the supplies and all sums due to the Contractor as at 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 CONTRACTING AUTHORITY. 2.15.1 The Contracting Authority may terminate the 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 Contracting Authority 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 Contracting Authority seriously suspects that the Contractor is guilty of fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the The Union' financial interests; 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 has not actually commenced within fifteen days of the date provided for, 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. 2.15.2 In the event 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 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 CONTRACTING AUTHORITY. 2.15.1 37.1. The Contracting Authority may may, at any time and with immediate effect, subject to Article 37.9, terminate the Contract contract, except as provided for under Article 37.2. 37.2. Subject to any other provision of these General Conditions, the Contracting Authority may, by giving seven day notice to the Contractor, terminate the contract in any of the following circumstancescases where: a) where the Contractor is being wound upin serious breach of contract for failure to perform its contractual obligations; b) the Contractor fails to comply within a reasonable time with the notice given by the Project Manager requiring it to make good the neglect or failure to perform its obligations under the contract which seriously affects the proper and timely implementation of the tasks; c) the Contractor refuses or neglects to carry out any administrative orders given by the Project Manager; d) the Contractor assigns the contract or subcontracts without the authorisation of the Contracting Authority; e) the Contractor is bankrupt, subject to insolvency or winding up procedures, is having his affairs its assets administered by a liquidator or 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 under national legislation law or regulations; bf) where any organisational modification occurs involving a change in the legal personality, nature or control of the Contractor, unless such modification is recorded in an addendum to the contract; g) any other legal disability hindering performance of the contract occurs; h) the Contractor has been convicted of an offence concerning his professional conduct fails to provide the required guarantees or insurance, or the person providing the earlier guarantee or insurance is not able to abide by a judgment which has the force of res judicataits commitments; ci) where the Contractor has been guilty of grave professional misconduct proven by any means which the Contracting Authority can justify; dj) where it has been established by a final judgment or a final administrative decision or by proof in possession of the Contracting Authority that 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 Contracting Authority seriously suspects that the Contractor is been guilty of fraud, corruption, involvement in a criminal organisation organisation, money laundering or terrorist financing, terrorist related offences, child labour or other forms of trafficking in human beings or circumventing fiscal, social or any other illegal activity detrimental applicable legal obligations, including through the creation of an entity for this purpose; k) the Contractor, in the performance of another contract has been declared to be in serious breach of contract, which has led to its early termination or the application of liquidated damages or other contractual penalties; l) after the award of the contract, the award procedure or the performance of the contract proves to have been subject to breach of obligations, irregularities or fraud; m) the award procedure or the performance of another contract with the Contracting Authority proves to have been subject to breach of obligations, irregularities or fraud which are likely to affect the performance of the present contract; n) the Contractor fails to perform its obligation in accordance with Articles 10 and 11; o) the Contractor or any of their employees, affiliates or sub-contractors utilize sexual exploitative or abusive practices, or are involved in any other humiliating, degrading or exploitative behavior; p) the Contractor or any of their employees, affiliates or sub-contractors utilize child labour or are involved in any other practice that can harm or is likely to cause harm to children. The ILO Convention No. 138 on the minimum age for admission to employment and work (Version 1973) guides the Contracting Authority with the following definitions: 1) Hazardous Work: work which is likely to jeopardize children’s physical, mental or moral health, safety or morals should not be done by anyone under the age of 18; and 2) Light Work: children between the ages of 13 and 15 years old may do light work, as long as it does not threaten their health and safety, or hinder their education or vocational orientation and training The cases of termination under points e), i), j), l), m), n), o) and p) may refer also to persons who are members of the administrative, management or supervisory body of the Contractor and/or to persons having powers of representation, decision or control with regard to the Contractor. The Union' financial interests;cases of termination under points a), e), f), g), i), j), k), l), m), n), o) and p) may refer also to persons jointly and severally liable for the performance of the contract. The cases under points e), i), j), k), l), m), n), o) and p) may refer also to subcontractors. f) where 37.3. Termination shall be without prejudice to any other rights or powers under the contract of the Contracting Authority and the Contractor. The Contracting Authority may, thereafter, conclude any other contract with a third party, at the Contractor's own expense. The Contractor's liability for delay in completion shall immediately cease when the Contracting Authority terminates the contract without prejudice to any liability thereunder that may already have arisen. 37.4. Upon termination of the contract or when it has received notice thereof, the Contractor is shall take immediate steps to bring the implementation of the tasks to a close in breach a prompt and orderly manner and to reduce expenditure to a minimum. 37.5. The Project Manager shall, as soon as possible after termination, certify the value of his obligations under Article 2.3; g) where the supplies and all sums due to the Contractor was guilty as at the date of misrepresentation termination. 37.6. In the event of termination, the Project Manager shall, as soon as possible and in supplying the information required presence of the Contractor or his representatives or having duly summoned them, draw up a report on the supplies delivered and the incidental siting or installation performed and take an inventory of the materials supplied and unused. A statement shall also be drawn up of monies due to the Contractor and of monies owed by the Contractor to the Contracting Authority as a condition at the date of participation in termination of the Contract procedure or failed contract. 37.7. The Contracting Authority shall not be obliged to supply this information; h) where a change in make any further payments to the Contractor’s legalContractor until the supplies are completed. After the supplies are completed, financial, technical or organisational situation could, in the Contracting Authority’s opinion, have a significant effect on Authority shall recover from the performance of Contractor the Contract; i) where execution of the tasks has not actually commenced within fifteen days of the date provided for, and the new date proposedextra costs, if any, of providing the supplies, or shall pay any balance still due to the Contractor. 37.8. If the Contracting Authority terminates the contract pursuant to Article 37.2, it shall, in addition to the extra costs for completion of the contract and without prejudice to its other remedies under the contract, be entitled to recover from the Contractor any loss it has suffered up to the value of the supply unless otherwise provided for in the Special Conditions. 37.9. Where the termination is considered unacceptable by not due to an act or omission of the Contractor, force majeure or other circumstances beyond the control of 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. 2.15.2 In the event 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 e), h) or k), the Contractor shall be entitled to claim in addition to sums owed to it for work already performed, an indemnity for loss suffered. 37.10. This contract shall be automatically terminated if it has not given the opportunity rise 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 payment in the letter of terminationtwo years following its signing by both parties.