Common use of Termination of the Grant Agreement Clause in Contracts

Termination of the Grant Agreement. or of the participation of one or more beneficiaries at the REA’s initiative 1. The REA may terminate the grant agreement or the participation of a beneficiary in the following cases: a) where one or more of the legal entities identified in Article 1 does not accede to this b) in case of non-performance or poor performance of the work or breach of any substantial obligation imposed by this grant agreement that is not remedied following a written request to the consortium to rectify the situation within a period of 30 days; c) where the beneficiary has deliberately or through negligence committed an irregularity in the performance of any grant agreement with the REA or the Commission; d) where the beneficiary has contravened fundamental ethical principles; e) where the required reports or deliverables are not submitted or the REA does not approve the reports or deliverables submitted; f) for major technical or economic reasons substantially adversely affecting the completion of the project; g) if the potential use of the foreground diminishes to a considerable extent; h) where a legal, financial, organisational or technical change or change of control of a beneficiary calls into question the decision of the REA to accept its participation; i) where any such change identified in h) above or termination of the participation of the beneficiary(ies) concerned substantially affects the implementation of the project, or the interests of the Union, or calls into question the decision to grant the contribution of the Union; j) in case of force majeure notified in conformity with Article II.40, where any reactivation of the project after suspension is impossible; k) where the conditions for participation in the project established by the Rules for Participation or as amended by the call for proposals to which the project was submitted are no longer satisfied, unless the REA considers that the continuation of the project is essential to the implementation of the specific programme; l) where a beneficiary is found guilty of an offence involving its professional conduct by a judgment having the force of res judicata or if it is guilty of grave professional misconduct proven by any justified means; m) where further to the termination of the participation of one or more beneficiaries, the consortium does not propose to the REA an amendment to the grant agreement with the necessary modifications for the continuation of the project including the reallocation of task of the beneficiary whose participation is terminated within the time limit determined by the REA, or where the REA does not accept the proposed modifications. n) where a beneficiary is declared bankrupt or is being wound up. 2. Termination of the participation of one or more beneficiaries at the REA’s initiative shall be notified to the beneficiary(ies) concerned, with a copy to the coordinator and shall take effect on the date indicated in the notification and at the latest 30 days after its receipt by the beneficiary. The REA shall inform the consortium of the effective date of termination. In the case of termination of the grant agreement, the coordinator shall be notified, who shall in turn notify all the other beneficiaries and the termination shall become effective 45 days after receipt by the coordinator. 3. Within 45 days after the effective date of termination, the beneficiary(ies) whose participation is terminated shall submit (through the coordinator) all required reports and deliverables referred to in Article II.4 relating to the work carried out up to that date. In the absence of receipt of such documents within the above time-limits, the REA may, after providing 30 days notice in writing of the non-receipt of such documents, determine not to take into account any further cost claims and not to make any further reimbursement and, where appropriate, require the reimbursement of any pre-financing due by the beneficiary(ies). 4. The consortium has up to 30 days after the effective date of termination of the beneficiary’s participation to provide the REA with information on the share of the contribution of the Union that has been effectively transferred to such beneficiary since the beginning of the project. 5. In the absence of receipt of such information within the time-limits, the REA shall consider that the beneficiary whose participation is terminated owes no money to the REA and that the contribution of the Union already paid is still at the disposal of the consortium and under its responsibility. 6. Based on documents and information referred to in the paragraphs above, the REA shall establish the debt owed by the beneficiary whose participation is terminated. 7. Where the participation of one or more beneficiaries is terminated, the beneficiary(ies) whose participation is terminated shall reimburse the amount due to the REA or transfer it to the coordinator as requested by the REA, within 30 days. The REA shall send a copy of such a request to the coordinator. In the latter case, the coordinator shall inform the REA at the latest 10 days after the end of this time-limit whether the amount has been transferred to it. 8. Where the grant agreement is terminated, the REA shall establish the debt owed by the consortium and notify it to the coordinator.

Appears in 2 contracts

Samples: Fp7 Grant Agreement, Fp7 Grant Agreement

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Termination of the Grant Agreement. or of the participation of one or more beneficiaries at the REA’s initiativea 1. The REA consortium may terminate request (a) the termination of the grant agreement at the written request of the coordinator in agreement with all the other beneficiaries on the following grounds: • for major technical or economic reasons substantially affecting the project (including where the resumption of the performance of the agreement following its suspension on account of force majeure proves impossible), • if the use potential of the results of the project considerably diminishes. (b) the termination of the participation of a beneficiary in the project. Any such request of the consortium shall include the consortium's proposal for reallocation of the tasks and budget of that beneficiary, the reasons for requesting the termination and a letter containing the opinion of the beneficiary whose participation is requested to be terminated. The letter containing the opinion of the beneficiary concerned may be substituted by proof that this beneficiary has been requested in writing to express its opinion on the proposed termination of its participation within the time-limit established by that notification. This time-limit shall not be inferior to one month. In case of the termination of the participation of the coordinator without its agreement, the request shall be submitted by all other beneficiaries or by one of them representing the others. The termination of the grant agreement or the participation of a beneficiary in shall take effect on the following cases:date agreed by the parties; where there is no date specified, termination shall take effect on the date of the Commission's approval notified to the coordinator, which receives it on behalf of the consortium. In case of termination of the participation of one or more beneficiaries, the Commission shall send a copy to the beneficiary(ies) concerned. 2. The Commission may terminate this grant agreement or the participation of a (a) where one or more of the legal entities identified in Article 1 does 1(2) do not accede to this b) in case of non-performance or poor performance of the work or breach of any substantial obligation imposed by this grant agreement that within the deadline established in Article 2(1), (b) where the project has not effectively commenced within three months of the start date of the project and the new date proposed is not remedied following a written request to considered unacceptable by the consortium to rectify the situation within a period of 30 days;Commission, (c) where the beneficiary has deliberately or through negligence committed an irregularity in the performance of any grant agreement with the REA directly concerned or the Commission;consortium has not fully performed its contractual obligations despite a written request from the Commission to remedy a failure to comply with these obligations within a period not exceeding one month, (d) where the beneficiary has contravened fundamental ethical principles; e) where the required reports or deliverables are not submitted or the REA does not approve the reports or deliverables submitted; f) for major technical or economic reasons substantially adversely affecting the completion of the project; g) if the potential use of the foreground diminishes to a considerable extent; h) where a legal, financial, organisational or technical change or change of control of over a beneficiary calls into question is likely to substantially affect the decision of the REA to accept its participation; i) where any such change identified in h) above or termination of the participation of the beneficiary(ies) concerned substantially affects the implementation of the project, project or the interests of the Union, or calls into question the decision to accept its participation in the grant agreement or to grant the financial contribution of the Union;, j(e) on the grounds referred to in paragraph 1, point (a) of this Article, (f) in case the event of force majeure notified in conformity with Article II.40bankruptcy, where winding up, cessation of trading, winding up by court order or composition, or suspension of activities of a beneficiary or any reactivation of the project after suspension is impossible;similar proceedings provided for by national laws or regulations and leading to a similar result, k(g) where the conditions for participation in the project established by event of an irregularity or fraud on the Rules for Participation part of a beneficiary in the performance of any contract or as amended by grant agreement with the call for proposals to which the project was submitted are no longer satisfied, unless the REA considers that the continuation of the project is essential to the implementation of the specific programme;Commission, l(h) where a beneficiary is found guilty of an offence involving its professional conduct misrepresentation in supplying the information required by a judgment having the force Commission or has deliberately withheld information in order to obtain the financial contribution of res judicata the Union or if it is guilty of grave professional misconduct proven by any justified means; mother advantage provided for in the grant agreement. (i) where further to the termination of the participation of one or more beneficiaries, the consortium does not propose to the REA Commission an amendment to the grant agreement with the necessary modifications for the continuation of the project including the reallocation of task tasks of the beneficiary whose participation is terminated within the time limit determined by the REA, or where the REA does not accept the proposed modifications. n) where a beneficiary is declared bankrupt or is being wound up. 2. Termination of the participation of one or more beneficiaries at the REA’s initiative shall be notified to the beneficiary(ies) concerned, with a copy to the coordinator and shall take effect on the date indicated in the notification and at the latest 30 days after its receipt by the beneficiary. The REA shall inform the consortium of the effective date of termination. In the case of termination of the grant agreement, the coordinator shall be notified, who shall in turn notify all the other beneficiaries and the termination shall become effective 45 days after receipt by the coordinator. 3. Within 45 days after the effective date of termination, the beneficiary(ies) whose participation is terminated shall submit (through the coordinator) all required reports and deliverables referred to in Article II.4 relating to the work carried out up to that date. In the absence of receipt of such documents within the above time-limits, the REA may, after providing 30 days notice in writing of the non-receipt of such documents, determine not to take into account any further cost claims and not to make any further reimbursement and, where appropriate, require the reimbursement of any pre-financing due by the beneficiary(ies). 4. The consortium has up to 30 days after the effective date of termination of the beneficiary’s participation to provide the REA with information on the share of the contribution of the Union that has been effectively transferred to such beneficiary since the beginning of the project. 5. In the absence of receipt of such information within the time-limitslimit determined by the Commission, or where the Commission does not accept the proposed modifications. In the event of termination pursuant to points (a), (b), (c), (d), (f), (g), (h) and (i), the REA termination shall consider that be effective on the beneficiary whose participation is terminated owes no money to the REA and that the contribution date of receipt of the Union already paid is still at registered letter with acknowledgement of receipt sent by the disposal Commission. In the event of termination pursuant to points (e), the Commission shall determine the period of notice for termination in a registered letter with acknowledgement of receipt, whereby this period shall not exceed one month from the date of receipt of the consortium and under its responsibilityletter. 63. Based on documents and information referred Any letter from the Commission to in the paragraphs above, the REA shall establish the debt owed by the beneficiary whose participation is terminated. 7. Where terminate the participation of one or more beneficiaries is terminated, the beneficiary(ies) whose participation is terminated a beneficiary shall reimburse the amount due be addressed to the REA or transfer it beneficiary concerned with a copy to the coordinator as requested by in accordance with the REA, within 30 daysprocedure set out in paragraph 2 of this Article. The REA Any letter to terminate the agreement shall send a copy of such a request be sent to the coordinator. In coordinator who shall notify all the latter case, the coordinator shall inform the REA at the latest 10 days after the end of this time-limit whether the amount has been transferred to itother beneficiaries. 8. Where the grant agreement is terminated, the REA shall establish the debt owed by the consortium and notify it to the coordinator.

Appears in 2 contracts

Samples: Grant Agreement, Grant Agreement

Termination of the Grant Agreement. or of the participation of one or more beneficiaries at the REA’s initiativea beneficiary 1. The REA consortium may terminate request (a) the termination of the grant agreement at the written request of the coordinator in agreement with all the other beneficiaries on the following grounds: • for major technical or economic reasons substantially affecting the project (including where the resumption of the performance of the agreement following its suspension on account of force majeure proves impossible), • if the use potential of the results of the project considerably diminishes. (b) the termination of the participation of a beneficiary in the project. Any such request of the consortium shall include the consortium's proposal for reallocation of the tasks and budget of that beneficiary, the reasons for requesting the termination and a letter containing the opinion of the beneficiary whose participation is requested to be terminated. The letter containing the opinion of the beneficiary concerned may be substituted by proof that this beneficiary has been requested in writing to express its opinion on the proposed termination of its participation within the time-limit established by that notification. This time-limit shall not be inferior to one month. In case of the termination of the participation of the coordinator without its agreement, the request shall be submitted by all other beneficiaries or by one of them representing the others. The termination of the grant agreement or the participation of a beneficiary in shall take effect on the following cases:date agreed by the parties; where there is no date specified, termination shall take effect on the date of the Commission's approval notified to the coordinator, which receives it on behalf of the consortium. In case of termination of the participation of one or more beneficiaries, the Commission shall send a copy to the beneficiary(ies) concerned. 2. The Commission may terminate this grant agreement or the participation of a (a) where one or more of the legal entities identified in Article 1 does 1(2) do not accede to this b) in case of non-performance or poor performance of the work or breach of any substantial obligation imposed by this grant agreement that within the deadline established in Article 2(1), (b) where the project has not effectively commenced within three months of the start date of the project and the new date proposed is not remedied following a written request to considered unacceptable by the consortium to rectify the situation within a period of 30 days;Commission, (c) where the beneficiary has deliberately or through negligence committed an irregularity in the performance of any grant agreement with the REA directly concerned or the Commission;consortium has not fully performed its contractual obligations despite a written request from the Commission to remedy a failure to comply with these obligations within a period not exceeding one month, (d) where the beneficiary has contravened fundamental ethical principles; e) where the required reports or deliverables are not submitted or the REA does not approve the reports or deliverables submitted; f) for major technical or economic reasons substantially adversely affecting the completion of the project; g) if the potential use of the foreground diminishes to a considerable extent; h) where a legal, financial, organisational or technical change or change of control of over a beneficiary calls into question is likely to substantially affect the decision of the REA to accept its participation; i) where any such change identified in h) above or termination of the participation of the beneficiary(ies) concerned substantially affects the implementation of the project, project or the interests of the Union, or calls into question the decision to accept its participation in the grant agreement or to grant the financial contribution of the Union;, j(e) on the grounds referred to in paragraph 1, point (a) of this Article, (f) in case the event of force majeure notified in conformity with Article II.40bankruptcy, where winding up, cessation of trading, winding up by court order or composition, or suspension of activities of a beneficiary or any reactivation of the project after suspension is impossible;similar proceedings provided for by national laws or regulations and leading to a similar result, k(g) where the conditions for participation in the project established by event of an irregularity or fraud on the Rules for Participation part of a beneficiary in the performance of any contract or as amended by grant agreement with the call for proposals to which the project was submitted are no longer satisfied, unless the REA considers that the continuation of the project is essential to the implementation of the specific programme;Commission, l(h) where a beneficiary is found guilty of an offence involving its professional conduct misrepresentation in supplying the information required by a judgment having the force Commission or has deliberately withheld information in order to obtain the financial contribution of res judicata the Union or if it is guilty of grave professional misconduct proven by any justified means; mother advantage provided for in the grant agreement. (i) where further to the termination of the participation of one or more beneficiaries, the consortium does not propose to the REA Commission an amendment to the grant agreement with the necessary modifications for the continuation of the project including the reallocation of task tasks of the beneficiary whose participation is terminated within the time limit determined by the REA, or where the REA does not accept the proposed modifications. n) where a beneficiary is declared bankrupt or is being wound up. 2. Termination of the participation of one or more beneficiaries at the REA’s initiative shall be notified to the beneficiary(ies) concerned, with a copy to the coordinator and shall take effect on the date indicated in the notification and at the latest 30 days after its receipt by the beneficiary. The REA shall inform the consortium of the effective date of termination. In the case of termination of the grant agreement, the coordinator shall be notified, who shall in turn notify all the other beneficiaries and the termination shall become effective 45 days after receipt by the coordinator. 3. Within 45 days after the effective date of termination, the beneficiary(ies) whose participation is terminated shall submit (through the coordinator) all required reports and deliverables referred to in Article II.4 relating to the work carried out up to that date. In the absence of receipt of such documents within the above time-limits, the REA may, after providing 30 days notice in writing of the non-receipt of such documents, determine not to take into account any further cost claims and not to make any further reimbursement and, where appropriate, require the reimbursement of any pre-financing due by the beneficiary(ies). 4. The consortium has up to 30 days after the effective date of termination of the beneficiary’s participation to provide the REA with information on the share of the contribution of the Union that has been effectively transferred to such beneficiary since the beginning of the project. 5. In the absence of receipt of such information within the time-limitslimit determined by the Commission, or where the Commission does not accept the proposed modifications. In the event of termination pursuant to points (a), (b), (c), (d), (f), (g), (h) and (i), the REA termination shall consider that be effective on the beneficiary whose participation is terminated owes no money to the REA and that the contribution date of receipt of the Union already paid is still at registered letter with acknowledgement of receipt sent by the disposal Commission. In the event of termination pursuant to points (e), the Commission shall determine the period of notice for termination in a registered letter with acknowledgement of receipt, whereby this period shall not exceed one month from the date of receipt of the consortium and under its responsibilityletter. 63. Based on documents and information referred Any letter from the Commission to in the paragraphs above, the REA shall establish the debt owed by the beneficiary whose participation is terminated. 7. Where terminate the participation of one or more beneficiaries is terminated, the beneficiary(ies) whose participation is terminated a beneficiary shall reimburse the amount due be addressed to the REA or transfer it beneficiary concerned with a copy to the coordinator as requested by in accordance with the REA, within 30 daysprocedure set out in paragraph 2 of this Article. The REA Any letter to terminate the agreement shall send a copy of such a request be sent to the coordinator. In coordinator who shall notify all the latter case, the coordinator shall inform the REA at the latest 10 days after the end of this time-limit whether the amount has been transferred to itother beneficiaries. 8. Where the grant agreement is terminated, the REA shall establish the debt owed by the consortium and notify it to the coordinator.

Appears in 1 contract

Samples: Grant Agreement

Termination of the Grant Agreement. or of the participation of one or more beneficiaries at the REA’s initiativea beneficiary 1. The REA consortium may terminate request (a) the termination of the grant agreement at the written request of the coordinator in agreement with all the other beneficiaries on the following grounds: • for major technical or economic reasons substantially affecting the project (including where the resumption of the performance of the agreement following its suspension on account of force majeure proves impossible), • if the use potential of the results of the project considerably diminishes. (b) the termination of the participation of a beneficiary in the project. Any such request of the consortium shall include the consortium's proposal for reallocation of the tasks and budget of that beneficiary, the reasons for requesting the termination and a letter containing the opinion of the beneficiary whose participation is requested to be terminated. The letter containing the opinion of the beneficiary concerned may be substituted by proof that this beneficiary has been requested in writing to express its opinion on the proposed termination of its participation within the time-limit established by that notification. This time-limit shall not be inferior to one month. In case of the termination of the participation of the coordinator without its agreement, the request shall be submitted by all other beneficiaries or by one of them representing the others. The termination of the grant agreement or the participation of a beneficiary in shall take effect on the following cases:date agreed by the parties; where there is no date specified, termination shall take effect on the date of the Commission's approval notified to the coordinator, which receives it on behalf of the consortium. In case of termination of the participation of one or more beneficiaries, the Commission shall send a copy to the beneficiary(ies) concerned. 2. The Commission may terminate this grant agreement or the participation of a (a) where one or more of the legal entities identified in Article 1 does 1(2) do not accede to this b) in case of non-performance or poor performance of the work or breach of any substantial obligation imposed by this grant agreement that within the deadline established in Article 2(1), (b) where the project has not effectively commenced within three months of the start date of the project and the new date proposed is not remedied following a written request to considered unacceptable by the consortium to rectify the situation within a period of 30 days;Commission, (c) where the beneficiary has deliberately or through negligence committed an irregularity in the performance of any grant agreement with the REA directly concerned or the Commission;consortium has not fully performed its contractual obligations despite a written request from the Commission to remedy a failure to comply with these obligations within a period not exceeding one month, (d) where the beneficiary has contravened fundamental ethical principles; e) where the required reports or deliverables are not submitted or the REA does not approve the reports or deliverables submitted; f) for major technical or economic reasons substantially adversely affecting the completion of the project; g) if the potential use of the foreground diminishes to a considerable extent; h) where a legal, financial, organisational or technical change or change of control of over a beneficiary calls into question is likely to substantially affect the decision of the REA to accept its participation; i) where any such change identified in h) above or termination of the participation of the beneficiary(ies) concerned substantially affects the implementation of the project, project or the interests of the UnionCommunity, or calls into question the decision to grant the contribution of the Union; j) in case of force majeure notified in conformity with Article II.40, where any reactivation of the project after suspension is impossible; k) where the conditions for accept its participation in the project established grant agreement or to grant the Community financial contribution, (e) on the grounds referred to in paragraph 1, point (a) of this Article, (f) in the event of bankruptcy, winding up, cessation of trading, winding up by court order or composition, or suspension of activities of a beneficiary or any similar proceedings provided for by national laws or regulations and leading to a similar result, (g) in the Rules for Participation event of an irregularity or as amended by fraud on the call for proposals to which part of a beneficiary in the project was submitted are no longer satisfied, unless performance of any contract or grant agreement with the REA considers that the continuation of the project is essential to the implementation of the specific programme;Commission, l(h) where a beneficiary is found guilty of an offence involving its professional conduct misrepresentation in supplying the information required by a judgment having the force of res judicata Commission or if it is guilty of grave professional misconduct proven by has deliberately withheld information in order to obtain the Community’s financial contribution or any justified means; mother advantage provided for in the grant agreement. (i) where further to the termination of the participation of one or more beneficiaries, the consortium does not propose to the REA Commission an amendment to the grant agreement with the necessary modifications for the continuation of the project including the reallocation of task tasks of the beneficiary whose participation is terminated within the time limit determined by the REA, or where the REA does not accept the proposed modifications. n) where a beneficiary is declared bankrupt or is being wound up. 2. Termination of the participation of one or more beneficiaries at the REA’s initiative shall be notified to the beneficiary(ies) concerned, with a copy to the coordinator and shall take effect on the date indicated in the notification and at the latest 30 days after its receipt by the beneficiary. The REA shall inform the consortium of the effective date of termination. In the case of termination of the grant agreement, the coordinator shall be notified, who shall in turn notify all the other beneficiaries and the termination shall become effective 45 days after receipt by the coordinator. 3. Within 45 days after the effective date of termination, the beneficiary(ies) whose participation is terminated shall submit (through the coordinator) all required reports and deliverables referred to in Article II.4 relating to the work carried out up to that date. In the absence of receipt of such documents within the above time-limits, the REA may, after providing 30 days notice in writing of the non-receipt of such documents, determine not to take into account any further cost claims and not to make any further reimbursement and, where appropriate, require the reimbursement of any pre-financing due by the beneficiary(ies). 4. The consortium has up to 30 days after the effective date of termination of the beneficiary’s participation to provide the REA with information on the share of the contribution of the Union that has been effectively transferred to such beneficiary since the beginning of the project. 5. In the absence of receipt of such information within the time-limitslimit determined by the Commission, or where the Commission does not accept the proposed modifications. In the event of termination pursuant to points (a), (b), (c), (d), (f), (g), (h) and (i), the REA termination shall consider that be effective on the beneficiary whose participation is terminated owes no money to the REA and that the contribution date of receipt of the Union already paid is still at registered letter with acknowledgement of receipt sent by the disposal Commission. In the event of termination pursuant to points (e), the Commission shall determine the period of notice for termination in a registered letter with acknowledgement of receipt, whereby this period shall not exceed one month from the date of receipt of the consortium and under its responsibilityletter. 63. Based on documents and information referred Any letter from the Commission to in the paragraphs above, the REA shall establish the debt owed by the beneficiary whose participation is terminated. 7. Where terminate the participation of one or more beneficiaries is terminated, the beneficiary(ies) whose participation is terminated a beneficiary shall reimburse the amount due be addressed to the REA or transfer it beneficiary concerned with a copy to the coordinator as requested by in accordance with the REA, within 30 daysprocedure set out in paragraph 2 of this Article. The REA Any letter to terminate the agreement shall send a copy of such a request be sent to the coordinator. In coordinator who shall notify all the latter case, the coordinator shall inform the REA at the latest 10 days after the end of this time-limit whether the amount has been transferred to itother beneficiaries. 8. Where the grant agreement is terminated, the REA shall establish the debt owed by the consortium and notify it to the coordinator.

Appears in 1 contract

Samples: Grant Agreement

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Termination of the Grant Agreement. or of the participation of one or more beneficiaries at the REA’s initiativea beneficiary 1. The REA consortium may terminate request (a) the termination of the grant agreement at the written request of the coordinator in agreement with all the other beneficiaries on the following grounds: • for major technical or economic reasons substantially affecting the project (including where the resumption of the performance of the agreement following its suspension on account of force majeure proves impossible), • if the use potential of the results of the project considerably diminishes. (b) the termination of the participation of a beneficiary in the project. Any such request of the consortium shall include the consortium's proposal for reallocation of the tasks and budget of that beneficiary, the reasons for requesting the termination and a letter containing the opinion of the beneficiary whose participation is requested to be terminated. The letter containing the opinion of the beneficiary concerned may be substituted by proof that this beneficiary has been requested in writing to express its opinion on the proposed termination of its participation within the time-limit established by that notification. This time-limit shall not be inferior to one month. In case of the termination of the participation of the coordinator without its agreement, the request shall be submitted by all other beneficiaries or by one of them representing the others. The termination of the grant agreement or the participation of a beneficiary in shall take effect on the following casesdate agreed by the parties; where there is no date specified, termination shall take effect on the date of the Commission's approval notified to the coordinator, which receives it on behalf of the consortium. In case of termination of the participation of one or more beneficiaries, the Commission shall send a copy to the beneficiary(ies) concerned. 2. The Commission may terminate this grant agreement or the participation of a beneficiary: (a) where one or more of the legal entities identified in Article 1 does 1(2) do not accede to this b) in case of non-performance or poor performance of the work or breach of any substantial obligation imposed by this grant agreement that within the deadline established in Article 2(1), (b) where the project has not effectively commenced within three months of the start date of the project and the new date proposed is not remedied following a written request to considered unacceptable by the consortium to rectify the situation within a period of 30 days;Commission, (c) where the beneficiary has deliberately or through negligence committed an irregularity in the performance of any grant agreement with the REA directly concerned or the Commission;consortium has not fully performed its contractual obligations despite a written request from the Commission to remedy a failure to comply with these obligations within a period not exceeding one month, (d) where the beneficiary has contravened fundamental ethical principles; e) where the required reports or deliverables are not submitted or the REA does not approve the reports or deliverables submitted; f) for major technical or economic reasons substantially adversely affecting the completion of the project; g) if the potential use of the foreground diminishes to a considerable extent; h) where a legal, financial, organisational or technical change or change of control of over a beneficiary calls into question is likely to substantially affect the decision of the REA to accept its participation; i) where any such change identified in h) above or termination of the participation of the beneficiary(ies) concerned substantially affects the implementation of the project, project or the interests of the Union, or calls into question the decision to accept its participation in the grant agreement or to grant the financial contribution of the Union;, j(e) on the grounds referred to in paragraph 1, point (a) of this Article, (f) in case the event of force majeure notified in conformity with Article II.40bankruptcy, where winding up, cessation of trading, winding up by court order or composition, or suspension of activities of a beneficiary or any reactivation of the project after suspension is impossible;similar proceedings provided for by national laws or regulations and leading to a similar result, k(g) where the conditions for participation in the project established by event of an irregularity or fraud on the Rules for Participation part of a beneficiary in the performance of any contract or as amended by grant agreement with the call for proposals to which the project was submitted are no longer satisfied, unless the REA considers that the continuation of the project is essential to the implementation of the specific programme;Commission, l(h) where a beneficiary is found guilty of an offence involving its professional conduct misrepresentation in supplying the information required by a judgment having the force Commission or has deliberately withheld information in order to obtain the financial contribution of res judicata the Union or if it is guilty of grave professional misconduct proven by any justified means; mother advantage provided for in the grant agreement. (i) where further to the termination of the participation of one or more beneficiaries, the consortium does not propose to the REA Commission an amendment to the grant agreement with the necessary modifications for the continuation of the project including the reallocation of task tasks of the beneficiary whose participation is terminated within the time limit determined by the REA, or where the REA does not accept the proposed modifications. n) where a beneficiary is declared bankrupt or is being wound up. 2. Termination of the participation of one or more beneficiaries at the REA’s initiative shall be notified to the beneficiary(ies) concerned, with a copy to the coordinator and shall take effect on the date indicated in the notification and at the latest 30 days after its receipt by the beneficiary. The REA shall inform the consortium of the effective date of termination. In the case of termination of the grant agreement, the coordinator shall be notified, who shall in turn notify all the other beneficiaries and the termination shall become effective 45 days after receipt by the coordinator. 3. Within 45 days after the effective date of termination, the beneficiary(ies) whose participation is terminated shall submit (through the coordinator) all required reports and deliverables referred to in Article II.4 relating to the work carried out up to that date. In the absence of receipt of such documents within the above time-limits, the REA may, after providing 30 days notice in writing of the non-receipt of such documents, determine not to take into account any further cost claims and not to make any further reimbursement and, where appropriate, require the reimbursement of any pre-financing due by the beneficiary(ies). 4. The consortium has up to 30 days after the effective date of termination of the beneficiary’s participation to provide the REA with information on the share of the contribution of the Union that has been effectively transferred to such beneficiary since the beginning of the project. 5. In the absence of receipt of such information within the time-limitslimit determined by the Commission, or where the Commission does not accept the proposed modifications. In the event of termination pursuant to points (a), (b), (c), (d), (f), (g), (h) and (i), the REA termination shall consider that be effective on the beneficiary whose participation is terminated owes no money to the REA and that the contribution date of receipt of the Union already paid is still at registered letter with acknowledgement of receipt sent by the disposal Commission. In the event of termination pursuant to points (e), the Commission shall determine the period of notice for termination in a registered letter with acknowledgement of receipt, whereby this period shall not exceed one month from the date of receipt of the consortium and under its responsibilityletter. 63. Based on documents and information referred Any letter from the Commission to in the paragraphs above, the REA shall establish the debt owed by the beneficiary whose participation is terminated. 7. Where terminate the participation of one or more beneficiaries is terminated, the beneficiary(ies) whose participation is terminated a beneficiary shall reimburse the amount due be addressed to the REA or transfer it beneficiary concerned with a copy to the coordinator as requested by in accordance with the REA, within 30 daysprocedure set out in paragraph 2 of this Article. The REA Any letter to terminate the agreement shall send a copy of such a request be sent to the coordinator. In coordinator who shall notify all the latter case, the coordinator shall inform the REA at the latest 10 days after the end of this time-limit whether the amount has been transferred to itother beneficiaries. 8. Where the grant agreement is terminated, the REA shall establish the debt owed by the consortium and notify it to the coordinator.

Appears in 1 contract

Samples: Grant Agreement

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