Tender Dossier (PDF) - Eulex

l) the Contractor fails to provide the required guarantee or insurance, or if the person providing the earlierguarantee or insurance required under the present contract is not able to abide by his commitments;m) where after the award of the contract, the award procedure or the performance of the contract prove tohave been subject to substantial errors, irregularities or fraud.Prior to, or instead of, terminating the Contract as provided for in this Article, the Contracting Authoritymay suspend payments as a precautionary measure without prior notice.36.2. Termination shall be without prejudice to any other rights or powers of the ContractingAuthority and the Contractor under the contract. The Contracting Authority may, thereafter,conclude any other contract with a third party at the Contractor's own expense. TheContractor's liability for delay in completion shall immediately cease upon terminationwithout prejudice to any liability thereunder that may already have occurred.36.3. The Project Manager shall, upon the issue of the notice of termination of the contract,instruct the Contractor to take immediate steps to bring the implementation of the tasks to aclose in a prompt and orderly manner and to reduce expenditure to a minimum.36.4. In the event of termination, the Project Manager shall, as soon as possible and in thepresence of the Contractor or his representatives or having duly summoned them, draw up areport on the supplies delivered and the work performed and take an inventory of thematerials supplied and unused. A statement shall also be drawn up of monies due to theContractor and of monies owed by the Contractor to the Contracting Authority as at the dateof termination of the contract.36.5. The Contracting Authority shall not be obliged to make any further payments to theContractor until the supplies are completed, whereupon the Contracting Authority shall beentitled to recover from the Contractor the extra costs, if any, of providing the supplies orshall pay any balance due to the Contractor prior to the termination of the contract.36.6. If the Contracting Authority terminates the contract, it shall without prejudice to its otherremedies under the contract, be entitled to recover from the Contractor any loss it hassuffered up to the value of the supply unless otherwise provided for in the SpecialConditions. .36.7. This contract shall be automatically terminated if it has given risen to no payment in thethree years following its signing.36.8. The Contracting Authority may, at any time and after giving the Contractor seven days'notice, terminate the contract, in addition to what is already provided for in Article 36.1.36.9. Where the termination is not due to an act or omission of the Contractor, force majeure orother circumstances beyond the control of the Contracting Authority, the Contractor shall beentitled to claim in addition to sums owing to it for work already performed, an indemnityfor loss suffered.