Common use of Termination due to Clause in Contracts

Termination due to. compulsory grounds for exclusion‌ Grounds for exclusion present at the time of award‌ Pursuant to § 185 (1), 2) of the Public Procurement Act, a contracting authority may ter- minate a contract where the Supplier was subject to one of the grounds for exclusion under §§ 135-137 at the time of award of the contract with subsequent exclusion of the Supplier from the procurement procedure. If DALO ascertains that the Supplier or any Subcontractor(s) at the time of award of the Contract was subject to a compulsory ground for exclusion as stated in or equivalent to §§ 135 and 136 of the Public Procurement Act, DALO shall give the Supplier an appropriate time limit to document that the Supplier is reliable in accordance with or equivalent to § 138 of the Public Procurement Act. If the Supplier has not provided documentation for the Supplier’s reliability satisfactory to DALO within the time limit, DALO shall be entitled to terminate the Contract with a written notice of 1 (one) month. Correspondingly, DALO shall give the Supplier an appropriate time limit to document that the Supplier is reliable in accordance with or equivalent to § 138 of the Public Procurement Act, if the compulsory ground for exclusion (a) concerns any Subcontractor(s) on which the Supplier is based in accordance with or equivalent to § 144 (5) of the Public Procurement Act, or (b) concerns any Subcontractor(s) where the Supplier on DALO’s request has sub- mitted a declaration stating that the Subcontractor(s) are not subject to grounds for exclu- sion in accordance with or equivalent to § 177 (5) of the Public Procurement Act. If the reliability of the Subcontractor in question has not been documented satisfactory to DALO within the time limit, the Supplier shall replace the Subcontractor and give notice to DALO with whom the Subcontractor is replaced by in accordance with or equivalent to §§ 177 (5) and 147 of the Public Procurement Act. DALO may demand any Individual Chartering under the Contract that has not yet been carried out shall be suspended during the self-cleaning period. The Supplier is not entitled to any payment for suspended deliveries. The Supplier is further not entitled to any damages/compensation for loss in connection with suspension or termination. Grounds for exclusion emerged throughout the duration of the Contract.‌ If the Supplier or any Subcontractor(s) throughout the duration of the Contract becomes subject to a compulsory ground for exclusion in accordance with or equivalent to §§ 135 (1) or (2) of the Public Procurement Act, the Supplier shall immediately give written notice to DALO. Furthermore, the provisions set out above under the headline “Grounds for exclusion pre- sent at the time of award” apply correspondingly.

Termination due to. compulsory grounds for exclusion‌ exclusion 15.2.1 Grounds for exclusion present at the time of award‌ award Pursuant to § 185 (1), 2) of the Public Procurement Act, a contracting authority may ter- minate a contract where the Supplier supplier was subject to one of the grounds for exclusion under §§ 135-137 at the time of award of the contract with subsequent exclusion of the Supplier supplier from the procurement procedure. The Parties’ agree that this also applies if the Agreement is subject to the Defence and Security Directive. If DALO ascertains that the Supplier or any Subcontractor(s) at the time of award of the Contract Agreement was subject to a compulsory ground for exclusion as stated in or equivalent to §§ 135 and 136 of the Public Procurement Act, DALO shall give the Supplier an appropriate appropri- ate time limit to document that the Supplier is reliable in accordance with or equivalent to § 138 of the Public Procurement Act. If the Supplier has not provided documentation for the Supplier’s reliability satisfactory to DALO within the time limit, DALO shall be entitled to terminate the Contract Agreement with a written notice of 1 (one) month. Correspondingly, DALO shall give the Supplier an appropriate time limit to document that the Supplier is reliable in accordance with or equivalent to § 138 of the Public Procurement Procure- ment Act, if the compulsory ground for exclusion (a) concerns any Subcontractor(s) on which the Supplier is based in accordance with or equivalent to § 144 (5) of the Public Procurement Act, or (b) concerns any Subcontractor(s) where the Supplier on DALO’s request has sub- mitted submitted a declaration stating that the Subcontractor(s) are not subject to grounds for exclu- sion exclusion in accordance with or equivalent to § 177 (5) of the Public Procurement Pr o- curement Act. If the reliability of the Subcontractor in question has not been documented satisfactory to DALO within the time limit, the Supplier shall replace the Subcontractor and give notice to DALO with whom the Subcontractor is replaced by in accordance with or equivalent to §§ 177 (5) and 147 of the Public Procurement Act. DALO The Buyer may demand any Individual Chartering deliverables under the Contract Agreement that has not yet been carried out made shall be suspended during the self-cleaning period. The Supplier is not entitled to any payment for suspended deliveries. The Supplier is further not entitled to any damages/compensation for loss in connection with suspension or termination. . 15.2.2 Grounds for exclusion emerged throughout the duration of the Contract.‌ Agreement If the Supplier or any Subcontractor(s) throughout the duration of the Contract becomes Agreement be - comes subject to a compulsory ground for exclusion in accordance with or equivalent to §§ 135 135 (1) or (2) of the Public Procurement Act, the Supplier shall immediately give written wri t- ten notice to DALO. Furthermore, the provisions set out above under the headline “Grounds for exclusion pre- sent at the time of award” in clause 15.2.1 apply correspondinglycorres pondingly.

Termination due to. compulsory grounds for exclusion‌ exclusion 15.2.1 Grounds for exclusion present at the time of award‌ award Pursuant to § 185 (1), 2) of the Public Procurement Act, a contracting authority may ter- minate a contract where the Supplier supplier was subject to one of the grounds for exclusion under §§ 135-137 at the time of award of the contract with subsequent exclusion of the Supplier supplier from the procurement procedure. The Parties’ agree that this also applies if the Agreement is subject to the Defence and Security Directive. If DALO ascertains that the Supplier or any Subcontractor(s) at the time of award of the Contract Agreement was subject to a compulsory ground for exclusion as stated in or equivalent to §§ 135 and 136 of the Public Procurement Act, DALO shall give the Supplier an appropriate time limit to document that the Supplier is reliable in accordance with or equivalent to § 138 of the Public Procurement Act. If the Supplier has not provided documentation for the Supplier’s reliability satisfactory to DALO within the time limit, DALO shall be entitled to terminate the Contract Agreement with a written notice of 1 (one) month. Correspondingly, DALO shall give the Supplier an appropriate time limit to document that the Supplier is reliable in accordance with or equivalent to § 138 of the Public Procurement Act, if the compulsory ground for exclusion (a) concerns any Subcontractor(s) on which the Supplier is based in accordance with or equivalent to § 144 (5) of the Public Procurement Act, or (b) concerns any Subcontractor(s) where the Supplier on DALO’s request has sub- mitted a declaration stating that the Subcontractor(s) are not subject to grounds for exclu- sion in accordance with or equivalent to § 177 (5) of the Public Procurement Act. If the reliability of the Subcontractor in question has not been documented satisfactory to DALO within the time limit, the Supplier shall replace the Subcontractor and give notice to DALO with whom the Subcontractor is replaced by in accordance with or equivalent to §§ 177 (5) and 147 of the Public Procurement Act. DALO The Buyer may demand any Individual Chartering deliverables under the Contract Agreement that has not yet been carried out made shall be suspended during the self-cleaning period. The Supplier is not entitled to any payment for suspended deliveries. The Supplier is further not entitled to any damages/compensation for loss in connection with suspension or termination. . 15.2.2 Grounds for exclusion emerged throughout the duration of the Contract.‌ Agreement If the Supplier or any Subcontractor(s) throughout the duration of the Contract becomes Agreement be -comes subject to a compulsory ground for exclusion in accordance with or equivalent to §§ 135 (1) or (2) of the Public Procurement Act, the Supplier shall immediately give written notice to DALO. Furthermore, the provisions set out above under the headline “Grounds for exclusion pre- sent at the time of award” in clause 15.2.1 apply correspondingly.

Termination due to. compulsory grounds for exclusion‌ exclusion 15.2.1 Grounds for exclusion present at the time of award‌ award Pursuant to § 185 (1), 2) of the Public Procurement Act, a contracting authority may ter- minate a contract where the Supplier supplier was subject to one of the grounds for exclusion under §§ 135-137 at the time of award of the contract with subsequent exclusion of the Supplier supplier from the procurement procedure. The Parties’ agree that this also applies if the Agreement is subject to the Defence and Security Directive. If DALO ascertains that the Supplier or any Subcontractor(s) at the time of award of the Contract Agreement was subject to a compulsory ground for exclusion as stated in or equivalent to §§ 135 and 136 of the Public Procurement Act, DALO shall give the Supplier an appropriate time limit to document that the Supplier is reliable in accordance with or equivalent to § 138 of the Public Procurement Act. If the Supplier has not provided documentation for the Supplier’s reliability satisfactory to DALO within the time limit, DALO shall be entitled to terminate the Contract Agreement with a written notice of 1 (one) month. Correspondingly, DALO shall give the Supplier an appropriate time limit to document that the Supplier is reliable in accordance with or equivalent to § 138 of the Public Procurement Act, if the compulsory ground for exclusion (a) concerns any Subcontractor(sSubcontractor (s) on which the Supplier is based in accordance with or equivalent to § 144 (5) of the Public Procurement Act, or (b) concerns any Subcontractor(s) where the Supplier on DALO’s request has sub- mitted a declaration stating that the Subcontractor(s) are not subject to grounds for exclu- sion in accordance with or equivalent to § 177 (5) of the Public Procurement Act. If the reliability of the Subcontractor in question has not been documented satisfactory to DALO within the time limit, the Supplier shall replace the Subcontractor and give notice to DALO with whom the Subcontractor is replaced by in accordance with or equivalent to §§ 177 (5) and 147 of the Public Procurement Act. DALO The Buyer may demand any Individual Chartering deliverables under the Contract Agreement that has not yet been carried out made shall be suspended during the self-cleaning period. The Supplier is not entitled to any payment for suspended deliveries. The Supplier is further not entitled to any damages/compensation for loss in connection with suspension or termination. . 15.2.2 Grounds for exclusion emerged throughout the duration of the Contract.‌ Agreement If the Supplier or any Subcontractor(s) throughout the duration of the Contract becomes Agreement be -comes subject to a compulsory ground for exclusion in accordance with or equivalent to §§ 135 (1) or (2) of the Public Procurement Act, the Supplier shall immediately give written notice to DALO. Furthermore, the provisions set out above under the headline “Grounds for exclusion pre- sent at the time of award” in clause 15.2.1 apply correspondingly.