Common use of TERMINATION OF THE FWC Clause in Contracts

TERMINATION OF THE FWC. II.17.1. Grounds for termination by the contracting authority (a) if provision of the services under a pending specific contract has not actually started within 15 days of the scheduled date and the contracting authority considers the new date proposed, if any, unacceptable, taking into account Article II.11.2; (b) if the contractor is unable, through its own fault, to obtain any permit or licence required for implementation of the FWC; (c) if the contractor does not implement the FWC or perform the specific contract in accordance with the tender specifications or request for services or is in breach of another substantial contractual obligation or repeatedly refuses to sign specific contracts. Termination of three or more specific contracts in these circumstances also constitutes grounds for termination of the FWC; (d) if the contractor or any person that assumes unlimited liability for the debts of the contractor is in one of the situations provided for in points (a) and (b) of Article 136(1) of the Financial Regulation2; (e) if the contractor or any related person is subject to any of the situations provided for in points (c) to (f) of Article 136(1) or to Article 136(2) of the Financial Regulation. (f) if the procedure for awarding the FWC or the implementation of the FWC prove to have been subject to substantial errors, irregularities or fraud; (g) if the contractor does not comply with applicable obligations under environmental, social and labour law established by Union law, national law, collective agreements or by the international environmental, social and labour law provisions listed in Annex X to Directive 2014/24/EU; (h) if the contractor is in a situation that could constitute a conflict of interest or a (i) if a change to the contractor’s legal, financial, technical, organisational or ownership situation is likely to substantially affect the implementation of the FWC or substantially modify the conditions under which the FWC was initially awarded; (j) in the event of force majeure, where either resuming implementation is impossible or the necessary ensuing amendments to the FWC or a specific contract would mean that the tender specifications are no longer fulfilled or result in unequal treatment of tenderers or contractors; (k) if the needs of the contracting authority change and it no longer require services under the FWC; in such cases ongoing specific contracts remain unaffected; (l) if the termination of the FWC with one or more of the contractors means that the multiple FWC with reopening of competition no longer has the minimum required level of competition. (m) If the amounts approved for this purpose in the annual budget of the contracting authority make the performance of the contract impossible.

TERMINATION OF THE FWC. II.17.1. Grounds for termination by the contracting authority (a) if provision of the services under a pending specific contract has not actually started within 15 days of the scheduled date and the contracting authority considers the new date proposed, if any, unacceptable, taking into account Article II.11.2; (b) if the contractor is unable, through its own fault, to obtain any permit or licence required for implementation of the FWC;for (c) if the contractor does not implement the FWC or perform the specific contract in accordance with the tender specifications or request for services or is in breach of another substantial contractual obligation or repeatedly refuses to sign specific contracts. Termination of three or more specific contracts in these circumstances also constitutes grounds for termination of the FWC; (d) if the contractor or any person that assumes unlimited liability for the debts of the contractor is in one of the situations provided for in points (a) and (b) of Article 136(1) of the Financial Regulation2Regulation3; (e) if the contractor or any related person is subject to any of the situations provided for in points (c) to (f) of Article 136(1) or to Article 136(2) of the Financial Regulation. (f) if the procedure for awarding the FWC or the implementation of the FWC prove to have been subject to substantial errors, irregularities or fraud; (g) if the contractor does not comply with applicable obligations under environmental, social and labour law established by Union law, national law, collective agreements or by the international environmental, social and labour law provisions listed in Annex X to Directive 2014/24/EU; (h) if the contractor is in a situation that could constitute a conflict of interest or a (i) if a change to the contractor’s legal, financial, technical, organisational or ownership situation is likely to substantially affect the implementation of the FWC or substantially modify the conditions under which the FWC was initially awarded; (j) in the event of force majeure, where either resuming implementation is impossible or the necessary ensuing amendments to the FWC or a specific contract would mean that the tender specifications are no longer fulfilled or result in unequal treatment of tenderers or contractors; (k) if the needs of the contracting authority change and it no longer require requires new services under the FWC; in such cases ongoing specific contracts remain unaffected; (l) if the termination of the FWC with one or more of the contractors means that the multiple FWC with reopening of competition no longer has the minimum required level of competition. (m) If the amounts approved for this purpose in the annual budget of the contracting authority make the performance of the contract impossible.

TERMINATION OF THE FWC. II.17.1. II.14.1 Grounds for termination by the contracting authority (a) if provision of the services under a pending specific contract has not actually started within 15 days of the scheduled date and the contracting authority considers the new date proposed, if any, unacceptable, taking into account Article II.11.2; (b) if the contractor is unable, through its own fault, to obtain any permit or licence required for implementation of the FWC; (c) if the contractor does not implement the FWC or perform the specific contract in accordance with the tender specifications or request for services service or is in breach of another substantial contractual obligation or repeatedly refuses to sign specific contracts. Termination of three or more specific contracts in these circumstances also constitutes grounds for termination of the FWC; (d) if the contractor or any person that assumes unlimited liability for the debts of the contractor is in one of the situations provided for in points (a) and (b) of Article 136(1106(1) of the Financial Regulation2Regulation1; (e) if the contractor or any related person is subject to any of the situations provided for in points (c) to (f) of Article 136(1106(1) or to Article 136(2106(2) of the Financial Regulation. (f) if the procedure for awarding the FWC or the implementation of the FWC prove to have been subject to substantial errors, irregularities or fraud; (g) if the contractor does not comply with applicable obligations under environmental, social and labour law established by Union law, national law, collective agreements or by the international environmental, social and labour law provisions listed in Annex X to Directive 2014/24/EU; (h) if the contractor is in a situation that could constitute a conflict of interest or a (i) if a change to the contractor’s legal, financial, technical, organisational or ownership situation is likely to substantially affect the implementation of the FWC or substantially modify the conditions under which the FWC was initially awarded; (j) in the event of force majeure, where either resuming implementation is impossible or the necessary ensuing amendments to the FWC or a specific contract would mean that the tender specifications are no longer fulfilled or result in unequal treatment of tenderers or contractors; (k) if the needs of the contracting authority change and it no longer require requires new services under the FWC; in such cases ongoing specific contracts remain unaffected; (l) if the termination of the FWC with one or more of the contractors means that the multiple FWC with reopening of competition no longer has the minimum required level of competition. (m) If the amounts approved for this purpose in the annual budget of the contracting authority make the performance of the contract impossible.