Where the Contractor is unable to obtain any required export, re-export or transfer authorization (including customs) and to provide the requested information or documentation, Fusion for Energy shall be entitled to terminate the contract in accordance with Article II.17 (
Where the Contractor. Supplier is subject to a Monthly Payment and the Contractor/Supplier does not terminate the Agreement prior to any Renewal, XXXX reserves the right to continue to charge the Contractor/Supplier the Membership Fee for the Subscription Services. This clause 3.4 shall be subject always to clauses 3.6 and 4.3.
Where the Contractor s application for a Functional Completion Certificate is rejected by the Owner in accordance with 19.3(a), the Contractor shall not re-apply for a Functional Completion Certificate under Section 19.2 until the Category "A" Deficiencies are remedied.
Where the Contractor i. Refuses or fails to remedy a defect in performance of the Services; or
ii. Fails to redo the services within the agreed timeframe;
iii. And the Shire cannot agree on a timeframe to remedy a defect or redo the Services, then the Contractor agrees that the Shire may arrange for the performance of the necessary remedial work, and recover all and any costs on demand from the Contractor.
Where the Contractor becomes liable to pay interest payments to a sub-contractor under the provisions of the contract between the Contractor and the sub-contractor or the provisions of the Late Payments of Commercial Debts (Interest) Act 1998, FIS will not reimburse those costs.
Where the Contractor fails to fulfil its obligations by the completion date of the Contract, and the delay is not caused by Fusion for Energy or a Force Majeure, the Contractor is not entitled to request the application of a new indexation for the period following the completion date.]
Where the Contractor is also registered with the OfS the OfS may, at any time during the Contract Period, assess the risks associated with the Contractor’s registration with the OfS. The Department will consider the outcome of any such assessment in the manner set out in Clauses 19.28to 19.32below.
Where the Contractor is delivering an ICT solution to the Department they shall deliver solutions and services that are compliant with the HMG Security Policy Framework in conjunction with current NCSC Information Assurance Guidance and Departmental Policy. The Contractor will provide the Department with evidence of compliance for the solutions and services to be delivered. The Department’s expectation is that the Contractor shall provide written evidence of:
Where the Contractor s actual delivery will result or has already resulted in an overpayment to the Contractor by the ESFA, the ESFA will withhold from, or deduct the amount owed from, payments due to the Contractor under the Contract for current or subsequent months or years accordingly.
Where the Contractor goes into administration or liquidation, the ESFA must be assumed to be a creditor of the Contractor. The Contractor must take steps to ensure that the ESFA is provided with details of the administrator or liquidator and receives notification of any creditors meetings. The ESFA will confirm whether in fact it is a creditor within 8 weeks of being notified that the Contractor is in administration or liquidation.
