Common use of DETERMINATION BY THE EMPLOYER Clause in Contracts

DETERMINATION BY THE EMPLOYER. 8.1.1 If the Contractor makes default in any one or more of the following respects, that is to say: (i) if he without reasonable cause fails to proceed diligently with the Works, or (ii) if he wholly suspends the carrying out of the Works before completion thereof, (iii) if he refuses or persistently neglects to comply with a notice from the Employer’s Representative requiring him to remove defective work, improper materials or goods or rectify dangerous or unsafe conditions, then the Employer’s Representative may by registered post or recorded delivery give the Contractor notice specifying the default and notifying the Contractor of the Employers intention to determine the employment of the Contractor forthwith if the Contractor shall continue such default for fourteen (14) days after receipt of such notice. 8.1.2 If the Contractor shall for fourteen (14) days after receipt of a notice served pursuant to clause 8.1.1 hereof continue such default the Employer may, but not unreasonably or vexatiously, within ten (10) days after such continuance by notice by registered post or recorded delivery to the Contractor determine forthwith the employment of the Contractor under this Contract. 8.1.3 If the Contractor or any of his employees, servants, or sub-contractors of any tier shall have (i) offered or given or agreed to give to any person having a relationship with the award or performance of this Contract any gift or consideration of any kind, or (ii) if the Contractor or any of his employees, servants, or sub-contractors of any tier shall have committed any offence under the Prevention of Corruption Ordinance. then Employer may, but not unreasonably or vexatiously, by notice by registered post or recorded delivery to the Contractor determine forthwith the employment of the Contractor under this Contract. 8.1.4 Provided always that the right of determination pursuant to clause 8.1.2 or clause 8.1.3 hereof shall be without prejudice to any other rights or remedies which the Employer may possess. 8.1.5 In the event of the Employer determining the employment of the Contractor as aforesaid the Contractor shall immediately give up possession of the Site and the Employer shall not be bound to make any further payment to the Contractor until after completion of the Works. 8.1.6 If the Contractor: (i) becomes bankrupt, or (ii) makes any composition or arrangement with his creditors, or (iii) has a winding up order made, or (except for the purposes of reconstruction) a resolution for voluntary winding up passed, or a receiver of his business appointed or the like; then the employment of the Contractor under this Contract shall be forthwith automatically determined.

DETERMINATION BY THE EMPLOYER. 8.1.1 If the Contractor Supplier makes default in any one or more of the following respects, that this is to say: (i) if he without reasonable cause fails to proceed diligently with suspends the Works, orproduction or delivery of Supplies thereof. (ii) if he wholly suspends the carrying out of the Works before completion thereof, (iii) if he refuses or persistently neglects to comply with a notice from the Employer’s Representative requiring him to rectify defects or remove defective work, improper materials or goods or rectify dangerous or unsafe conditionsgoods, then the Employer’s Representative may by registered post or recorded delivery give the Contractor Supplier notice specifying the default and notifying the Contractor Supplier of the Employers intention to determine the employment of the Contractor Supplier forthwith if the Contractor Supplier shall continue such default for fourteen (14) days after receipt of such notice. 8.1.2 If the Contractor Supplier shall for fourteen (14) days after receipt of a notice served pursuant to clause 8.1.1 Error! Reference source not found. hereof continue such default the Employer may, but not unreasonably or vexatiously, within ten (10) days after such continuance by notice by registered post or recorded delivery to the Contractor Supplier determine forthwith the employment of the Contractor Supplier under this Contract. 8.1.3 If the Contractor Supplier or any of his employees, servants, or sub-contractors subcontractor of any tier shall have (i) offered or given or agreed to give to any person having a relationship with the award or performance of this Contract any gift or consideration of any kind, or (ii) if the Contractor or any of his employees, servants, or sub-contractors of any tier shall have committed any offence under the Prevention of Corruption Ordinance. then Employer may, but not unreasonably or vexatiously, by notice by registered post or recorded delivery to the Contractor Supplier determine forthwith the employment of the Contractor Supplier under this Contract. In the event of the Employer determining the employment of the Supplier as aforesaid the Employer shall not be bound to make any further payment to the Supplier. 8.1.4 Provided always that the right of determination pursuant to clause 8.1.2 or clause 8.1.3 hereof shall be without prejudice to any other rights or remedies which the Employer may possess. 8.1.5 In the event of the Employer determining the employment of the Contractor as aforesaid the Contractor shall immediately give up possession of the Site and the Employer shall not be bound to make any further payment to the Contractor until after completion of the Works. 8.1.6 If the Contractor: (i) becomes bankrupt, or (ii) makes any composition or arrangement with his creditors, or (iii) has a winding up order made, or (except for the purposes of reconstruction) a resolution for voluntary winding up passed, or a receiver of his business appointed or the like; then the employment of the Contractor under this Contract shall be forthwith automatically determined.clause

DETERMINATION BY THE EMPLOYER. 8.1.1 If the Contractor makes default in any one or more of the following respects, that is to say: (i) if he without reasonable cause fails to proceed diligently with the Works, or (ii) if he wholly suspends the carrying out of the Works before completion thereof, (iii) if he refuses or persistently neglects to comply with a notice from the Employer’s Representative requiring him to remove defective work, improper materials or goods or rectify dangerous or unsafe conditions, then the Employer’s Representative may by registered post or recorded delivery give the Contractor notice specifying the default and notifying the Contractor of the Employers intention to determine the employment of the Contractor forthwith if the Contractor shall continue such default for fourteen (14) days after receipt of such notice. 8.1.2 If the Contractor shall for fourteen (14) days after receipt of a notice served pursuant to clause 8.1.1 hereof continue such default the Employer may, but not unreasonably or vexatiously, within ten (10) days after such continuance by notice by registered post or recorded delivery to the Contractor determine forthwith the employment of the Contractor under this Contract. 8.1.3 If the Contractor or any of his employees, servants, or sub-contractors sub‐contractors of any tier shall have (i) offered or given or agreed to give to any person having a relationship with the award or performance of this Contract any gift or consideration of any kind, or (ii) if the Contractor or any of his employees, servants, or sub-contractors sub‐contractors of any tier shall have committed any offence under the Prevention of Corruption Ordinance. then Employer may, but not unreasonably or vexatiously, by notice by registered post or recorded delivery to the Contractor determine forthwith the employment of the Contractor under this Contract. 8.1.4 Provided always that the right of determination pursuant to clause 8.1.2 or clause 8.1.3 hereof shall be without prejudice to any other rights or remedies which the Employer may possess. 8.1.5 In the event of the Employer determining the employment of the Contractor as aforesaid the Contractor shall immediately give up possession of the Site and the Employer shall not be bound to make any further payment to the Contractor until after completion of the Works. 8.1.6 If the Contractor: (i) becomes bankrupt, or (ii) makes any composition or arrangement with his creditors, or (iii) has a winding up order made, or (except for the purposes of reconstruction) a resolution for voluntary winding up passed, or a receiver of his business appointed or the like; then the employment of the Contractor under this Contract shall be forthwith automatically determined.