Exclusion of a Contractor Clause Samples

POPULAR SAMPLE Copied 1 times
Exclusion of a Contractor. The exclusion of a Contractor may be decided by the General Assembly by a vote at the majority of 2/3 minus the vote of the concerned Contractor and pursuant to the terms set forth in the EC Contract. The exclusion of a Contractor shall have the same consequences as a withdrawal. The abovementioned rules shall also be valid with regard to the exclusion or withdrawal of an Other entity or a Member.
View SourceView Similar (7)
Exclusion of a Contractor. The exclusion of a Contractor may be decided by the contractors by unanimous vote minus the vote of the concerned Contractor. The exclusion of a Contractor has the same consequences as a withdrawal.
View SourceView Similar (2)
Exclusion of a Contractor. In the event of breach by a Contractor of its obligations under this Consortium Agreement or the Contract which is irremediable or which is not remedied within thirty (30) calendar days or such other period agreed by the Steering Committee, of a written notice from the Coordinator according to the decision of the Steering Committee, requiring that such breach be remedied, then the General Assembly may decide to terminate this Consortium Agreement with respect to such Defaulting Contractor following a minimum of thirty (30) calendar days prior written notice sent by the Coordinator to the Defaulting Contractor. Such termination shall take place with respect to the Defaulting Contractor and the latter shall be deemed to have agreed to the termination of the Contract in respect of its participation therein under the general provisions of Contract, as the other Contractors and/or the Commission shall decide provided always that: (a) any and all Access Rights granted to the Defaulting Contractor by the other Contractors as well as under the Contract for carrying out the Project, shall cease immediately; but any and all Access Rights granted by the Defaulting Contractor to the other Contractors shall remain in full force and effect; (b) the tasks of the Defaulting Contractor, shall be assigned according to the decision of the General Assembly. The preference shall be granted to one or more of the remaining Contractors. (c) the Defaulting Contractor shall: - assume all reasonable direct costs increase (if any), resulting from the assignment referred to in (b) above in comparison with the Budget of the Defaulting Contractor as specified in the Annex A of this Consortium Agreement, and be liable for any so resulting reasonable additional direct cost caused to the other Contractors The Defaulting Contractor’s liability under this Article 10.3(c) shall not exceed its own Project Share. (d) termination of this Consortium Agreement and/or cessation of licenses granted to the Defaulting Contractor in accordance with Article 7.3 herein shall not terminate any sublicenses granted or agreed to be granted or offered by the Defaulting Contractor in accordance with Article 7.3.4 of this Consortium Agreement prior to the date on which such termination of this Consortium Agreement and/or cessation of licenses becomes effective, provided that the Contractor or Contractors which generated the Knowledge or Pre-existing Know-how so sublicensed shall have the right to have an assign...
View SourceView Similar (2)
Exclusion of a Contractor. The exclusion of a Contractor may be decided and approved by the Steering Committee by an unanimously vote of the members present or represented, minus the vote of the concerned Contractor (if it is a Member of the SC), and pursuant to the terms set forth in the Grant Agreement. The exclusion of a Contractor has the same consequences as a withdrawal, except the financial consequences. The excluded Contractor shall pay the following costs: - the procedure fees to select a new Contractor(s) to carry out the Project; in an amount determined by the Steering Committee; - damages to compensate the consequences of the exclusion affecting the conduct of the Project, including losses suffered by the Contractors. This financial compensation shall be payable only if the concerned Contractor is excluded on the basis of a default in the execution of its commitments under the Grant Agreement and the Consortium Agreement.
View Source
Exclusion of a Contractor. The exclusion of a Contractor may be decided by the Governing Board by vote upon a majority of 3/4rds of the members present or represented, minus the vote of the concerned Contractor and pursuant to the terms set forth in the EC Contract. The exclusion of a Contractor has the same consequences as a withdrawal, except the financial consequences. The excluded Contractor shall pay the following costs: - damages to compensate the consequences of the exclusion affecting the conduct of the Project, including losses suffered by the Contractors. This financial compensation shall be payable only if the concerned Contractor is excluded on the basis of a default in the execution of its commitments under the EC Contract and the Consortium Agreement. The amount of the financial compensation shall be determined and justified by the Governing Board, in the limit of twice the amount of the EC contribution received by the excluded Contractor since the beginning of the Project.
View Source

Related to Exclusion of a Contractor

  • Contractor Certification for Contractor Employees Introduction Texas Education Code Chapter 22 requires entities that contract with school districts to provide services to obtain criminal history record information regarding covered employees. Contractors must certify to the district that they have complied. Covered employees with disqualifying criminal histories are prohibited from serving at a school district. Definitions: Covered employees: Employees of a contractor or subcontractor who have or will have continuing duties related to the service to be performed at the District and have or will have direct contact with students. The District will be the final arbiter of what constitutes direct contact with students. Disqualifying criminal history: Any conviction or other criminal history information designated by the District, or one of the following offenses, if at the time of the offense, the victim was under 18 or enrolled in a public school: (a) a felony offense under Title 5, Texas Penal Code; (b) an offense for which a defendant is required to register as a sex offender under Chapter 62, Texas Code of Criminal Procedure; or (c) an equivalent offense under federal law or the laws of another state. I certify that: NONE (Section A) of the employees of Contractor and any subcontractors are covered employees, as defined above. If this box is checked, I further certify that Contractor has taken precautions or imposed conditions to ensure that the employees of Contractor and any subcontractor will not become covered employees. Contractor will maintain these precautions or conditions throughout the time the contracted services are provided. OR SOME (Section B) or all of the employees of Contractor and any subcontractor are covered employees. If this box is checked, I further certify that: (1) Contractor has obtained all required criminal history record information regarding its covered employees. None of the covered employees has a disqualifying criminal history.

  • Subcontracting for the Provision of Services (a) The parties acknowledge that, subject to the provisions of the Enabling Legislation, the HSP may subcontract the provision of some or all of the Services. For the purposes of this Agreement, actions taken or not taken by the subcontractor, and Services provided by the subcontractor, will be deemed actions taken or not taken by the HSP, and Services provided by the HSP. (b) When entering into a subcontract the HSP agrees that the terms of the subcontract will enable the HSP to meet its obligations under this Agreement. Without limiting the foregoing, the HSP will include a provision that permits the Funder or its authorized representatives, to audit the subcontractor in respect of the subcontract if the Funder or its authorized representatives determines that such an audit would be necessary to confirm that the HSP has complied with the terms of this Agreement. (c) Nothing contained in this Agreement or a subcontract will create a contractual relationship between any subcontractor or its directors, officers, employees, agents, partners, affiliates or volunteers and the Funder. (d) When entering into a subcontract, the HSP agrees that the terms of the subcontract will enable the HSP to meet its obligations under the FLSA.

  • Supervision of Contractor Personnel The Contractor must supply all necessary and sufficient supervision over the work that is being performed and will be held solely responsible for the conduct and performance of his employees or agents involved in work under the Agreement.

  • Independent Capacity of Contractor The Contractor and Contractor Parties shall act in an independent capacity and not as officers or employees of the state of Connecticut or of the Agency.

  • Engagement of Contractor 1.01 The Authority hereby engages the Contractor and the Contractor agrees to perform the services as set forth in Exhibit A which is herein incorporated by reference.