Where the Authority requires the Supplier to terminate a Sub- Contract or a Key Sub-Contract pursuant to Clause 22.3.1 above, the Supplier shall remain responsible for fulfilling all its obligations under this Framework Agreement including the provision of the Goods and/or Services.
Where the Authority is terminating this Agreement under Clause 34.1(b) due to the occurrence of either limb (b) and/or (g) of the definition of Supplier Termination Event, it may rely on a single material Default or on a number of Defaults or repeated Defaults (whether of the same or different obligations and regardless of whether such Defaults are cured) which taken together constitute a material Default; and/or
Where the Authority. (a) terminates (in whole or in part) this Contract under any of the Clauses referred to in Clause 45; and
(b) then makes other arrangements for the supply of the Services, the Authority may recover from the Supplier the cost reasonably incurred of making those other arrangements and any additional expenditure incurred by the Authority throughout the remainder of the Contract Period provided that Authority shall take all reasonable steps to mitigate such additional expenditure. No further payments shall be payable by the Authority to the Supplier until the Authority has established the final cost of making those other arrangements.
42.1.1 42.1.2 (Termination on Authority Cause for Failure to Pay
Where the Authority has consented to the placing of sub-contracts, copies of each sub- contract shall be sent by the Contractor to the Authority within 2 Working Days of issue.
Where the Authority. (a) is terminating this Agreement under Clause I1.1(b) due to the occurrence of either limb (b) and/or (g) of the definition of Supplier Termination Event, it may rely on a single material Default or on a number of Defaults or repeated Defaults (whether of the same or different obligations and regardless of whether such Defaults are cured) which taken together constitute a material Default; and/or
(b) has the right to terminate this Agreement under Clause I1.1(b) or Clause I1.1(c), it may, prior to or instead of terminating the whole of this Agreement, serve a Termination Notice requiring the partial termination of this Agreement to the extent that it relates to any part of the Services which are materially affected by the relevant circumstances. Termination by the Supplier
Where the Authority or any of its sub-contractors has access to other funding streams, THE AUTHORITY or any of its sub-contractors will be required to demonstrate through accounting, management information systems and any other relevant evidence (in the sole discretion of THE ESFA or any entity undertaking the audit or monitoring), to THE ESFA and any entity set out in clause 9.4 that no double funding has occurred in respect of the Services delivered under the Agreement.
Where the Authority. 34.4.1 is terminating this Agreement under Clause 34.1.1 due to the occurrence of limb (b) of the definition of Supplier Termination Event, it may rely on a single material Default or on a number of Defaults or repeated Defaults (whether of the same or different obligations and regardless of whether such Defaults are cured) which taken together constitute a material Default; and/or
34.4.2 has the right to terminate this Agreement under Clause 34.1.1 or Clause 34.2, it may, prior to or instead of terminating the whole of this Agreement, serve a Termination Notice requiring the partial termination of this Agreement to the extent that it relates to any part of the Services which are materially affected by the relevant circumstances. Termination by the Supplier
Where the Authority. (a) terminates (in whole or in part) this Contract under any of the Clauses referred to in Clause 39.1; and
(b) then makes other arrangements for the supply of the Services, DH CRNCC Contract (Contract Terms) the Authority may recover from the Supplier the cost reasonably incurred of making those other arrangements and any additional expenditure incurred by the Authority throughout the remainder of the Contract Period provided that Authority shall take all reasonable steps to mitigate such additional expenditure. No further payments shall be payable by the Authority to the Supplier until the Authority has established the final cost of making those other arrangements.
Where the Authority carries out a new assessment, and it concludes that there remains a substantial risk to the SUPPLIER’s ability to perform its obligations under any of the Contracts, the AUTHORITY may by notice in writing:
12.5.1 require a performance guarantee, performance bond or such other financial protection in accordance with Clause 12.2.2; or
12.5.2 terminate this Framework Agreement in accordance with Clause 13.4.5.
Where the Authority has exercised its rights to take the Required Action pursuant to this Clause, it shall act in accordance with good industry practice and (without prejudice to the obligation to act in accordance with good industry practice) in accordance with its own established internal procedures.
