Termination on Material Default. 30.2.1 The Authority may terminate this Framework Agreement for material Default by issuing a Termination Notice to the Supplier where:
(a) the Supplier fails to accept a Call Off Agreement pursuant to paragraph 6.2 of Framework Schedule 5 (Call Off Procedure);
(b) a Contracting Body terminates a Call Off Agreement for the Supplier’s breach of that Call Off Agreement;
(c) an Audit reveals that the Supplier has underpaid an amount equal to or greater than five per cent (5%) of the Management Charge due;
(d) the Supplier refuses or fails to comply with its obligations as set out in Framework Schedule 12 (Continuous Improvement and Benchmarking);
(e) in the event of two (2) or more failures by the Supplier to meet the specific KPI Targets at Framework Schedule 2 (except in relation to the “Spend under Management”, “On Time Delivery” and “On Quote Delivery” KPIs set out in Part B of Framework Schedule 2 (Goods and/or Services and Key Performance Indicators)), whether the failures relate to the same or different KPI targets, in any rolling period of three (3) Months;
(f) the Authority expressly reserves the right to terminate this Framework Agreement for material Default including pursuant to:
(i) Clause 16.1.4(c)(ii) (Variation Procedure);
(ii) Clause 24.2.10 (Confidentiality);
(iii) Clause 37.6.2 (Prevention of Fraud and Xxxxxxx);
(iv) Clause 33.1.2 (Compliance)
(v) Clause 38.3 (Conflicts of Interest);
(vi) paragraph 6.2 of Framework Schedule 9 (Management Information); and/or
(vii) anywhere that is stated in this Framework Agreement that the Supplier by its act or omission will have committed a material Default;
(g) the Supplier commits a Default of any of the following Clauses or Framework Schedules:
(i) Clause 6 (Representations and Warranties);
(ii) Clause 9 (Framework Agreement Performance);
(iii) Clause 15 (Records, Audit Access and Open Book Data);
(iv) Clause 17 (Management Charge);
(v) Clause 18 (Promoting Tax Compliance);
(vi) Clause 22 (Supply Chain Rights and Protection);
(vii) Clause 24.1 (Provision of Management Information);
(viii) Clause 24.4 (Freedom of Information);
(ix) Clause 24.5 (Protection of Personal Data);
(x) paragraph 1.2 of Part B of Framework Schedule 2 (Goods and/or Services and Key Performance Indicators); and/or
(xi) paragraph 2.3 of Part A of Framework Schedule 2 (Goods and/or Services and Key Performance Indicators); and/or
(xii) paragraph 4 of Framework Schedule 16 (Financial Distress); and/or
(h) the Supplier commits any ma...
Termination on Material Default. The Authority may terminate this Framework Agreement by serving written notice on the Supplier with effect from the date specified in such notice where the Supplier commits a Material Default and if:
Termination on Material Default. The Customer may terminate this Call Off Contract for material Default by issuing a Termination Notice to the Supplier where: the Supplier commits a Critical Service Level Failure; the representation and warranty given by the Supplier pursuant to Clause 3.2.5 (Representations and Warranties) is materially untrue or misleading, and the Supplier fails to provide details of proposed mitigating factors which in the reasonable opinion of the Customer are acceptable; as a result of any Defaults, the Customer incurs Losses in any Contract Year which exceed 80% of the value of the Supplier’s aggregate annual liability limit for that Contract Year as set out in Clauses 40.2.1(a) and 40.2.1(b) (Liability); the Customer expressly reserves the right to terminate this Call Off Contract for material Default, including pursuant to any of the following Clauses: 6.2.3 (Implementation Plan), 8.3.2 (Services), Error: Reference source not found ), 14.1 (Critical Service Level Failure), 16.4 (Disruption), 21.5 (Records, Audit Access and Open Book Data), 24 (Promoting Tax Compliance), 36.3.9 (Confidentiality), 55.6.2 (Prevention of Fraud and Xxxxxxx); the Supplier commits any material Default of this Call Off Contract which is not, in the reasonable opinion of the Customer, capable of remedy; and/or the Supplier commits a Default, including a material Default, which in the opinion of the Customer is remediable but has not remedied such Default to the satisfaction of the Customer in accordance with the Rectification Plan Process; For the purpose of Clause 45.2.1, a material Default may be a single material Default or a number of Defaults or repeated Defaults (whether of the same or different obligations and regardless of whether such Defaults are remedied) which taken together constitute a material Default.
Termination on Material Default. 33.2.1 The Authority may terminate this Framework Agreement for material Default by issuing a Termination Notice to the Supplier where:
(a) the Supplier fails to accept a Call Off Contract pursuant to paragraph 7.2 of Framework Schedule 5 (Call Off Procedure);
(b) a Contracting Authority terminates a Call Off Contract for the Suppliers breach of that Call Off Contract;
(c) an Audit reveals that the Supplier has underpaid an amount equal to or greater than five per cent (5%) of the Management Charge due;
Termination on Material Default. (Clause 41.2.1(c) of the Call Off Terms)): [In Clause 41.2.1(c) of the Call Off Terms] [OR] [The percentage of “80%” in Clause 41.2.1(c) shall be amended to [ ]] Guidance Note: consider Clause 41.2.1(c) (Termination on Material Default). Insert an appropriate percentage to facilitate the ability of the Customer to terminate the Call Off Contract for material Default where, as a result of any Defaults, the Customer incurs Losses in any Call Off Contract Year which exceed a certain percentage of the value of the Supplier’s aggregate annual liability limit for that Call Off Contract Year as set out in Clause 36.2.1 (Financial Limits).
Termination on Material Default. The Administering Authority may terminate this DPS Agreement for material Default by issuing a Termination Notice to the Provider where:
Termination on Material Default. (Clause 41.2.1(c) of the Contract Terms)): [In Clause 41.2.1(c) of the Contract Terms] [OR] [The percentage of “80%” in Clause 41.2.1(c) shall be amended to [ ]] Guidance Note: consider Clause 41.2.1(c) (Termination on Material Default). Insert an appropriate percentage to facilitate the ability of the Customer to terminate the Contract for material Default where, as a result of any Defaults, the Customer incurs Losses in any Contract Year which exceed a certain percentage of the value of the Suppliers aggregate annual liability limit for that Contract Year as set out in Clause 36.2.1 (Financial Limits).
Termination on Material Default. 33.2.1 The Authority may terminate this Panel Agreement for material Default by issuing a Termination Notice to the Supplier where:
(a) a Panel Customer terminates a Legal Services Contract for the Supplier’s breach of that Legal Services Contract;
(b) an Audit reveals that the Supplier has underpaid an amount equal to or greater than five per cent (5%) of the Management Charge due in any period specified by the Auditor;
(c) the Supplier refuses or fails to comply with its obligations as set out in Schedule 12 (Improvement and Benchmarking);
(d) in the event of two (2) or more failures by the Supplier to meet the KPI Targets whether the failures relate to the same or different KPI Targets, in any rolling period of 12 Month;
(e) the Authority expressly reserves the right to terminate this Panel Agreement for material Default including pursuant to:
i. Clause 9.4 (Cyber Essentials Scheme Condition) Clause 19.1.4 (Variation Procedure);
ii. Clause 32.1.8 (Authority Remedies); iii. Clause 27.2.10 (Confidentiality);
Termination on Material Default. Either Party may terminate this Framework Agreement by serving notice on the other Party in writing with effect from the date specified in such notice where such other Party commits a Material Default under sub-paragraph (a) or (c) of the definition of Material Default (“General Default”), and if: the General Default is capable of remedy but the defaulting Party has not remedied the General Default to the satisfaction of the other Party within twenty (20) Working Days, or such other period as may be specified by such other Party, after issue of a written notice specifying the General Default and requesting it to be remedied; or the General Default is not, in the reasonable opinion of the Party seeking to terminate this Framework Agreement, capable of remedy.
