Common use of Termination and repayment Clause in Contracts

Termination and repayment. 1. The MA shall be entitled, in whole or in part, to terminate this contract and/or to demand repayment of subsidy in any of the following circumstances: a. The LP has obtained the subsidy through false or incomplete statements or through forged documents and / or the information the PPs were required to provide in the assessment and selection procedure, negotiation phase or the implementation of the project was false or incomplete; b. The project has not been or cannot be implemented or the LP fails to fulfil any condition or obligation resulting from the co-financing contract; c. The LP or a PP becomes insolvent, is having its affairs administered by the courts, has entered into an arrangement with creditors, has suspended business activities, is the subject of bankruptcy proceedings, or proceedings concerning those matters, is an undertaking in difficulty, or is in any other comparable situation; d. The LP or a PP, or any related person, have committed fraud or are involved in any illegal activity detrimental to the EU’s financial interests; e. The termination of the participation of a PP or a change in a project partner’s status substantially affects the implementation of the project or puts into question the award decision; f. The LP and its PPs receive additional funding from the European Commission or other public authority for all or part of the same project expenditure reported during the period of the implementation of the project; g. The project has not started in due time and even a written reminder by the MA via the JS remains unsuccessful; h. A change has occurred, e.g. with regard to nature, scale, ownership, cost, timing, partnership or completion of the project, that has put at risk the achievement of the goals and objectives planned and stated in the latest version of the approved application form; i. The project significantly failed to reach the objectives, results and outputs planned in the application form, unless duly and / or the project outputs and results are not in line with those described in the approved application; j. The LP has failed to submit the required reports (e.g. the project progress reports according to the overview table of reporting targets and deadlines annexed to this contract) or proofs, or to supply necessary information provided that the LP has received a written reminder setting an adequate deadline and explicitly specifying the legal consequences of a failure to comply with requirements and has failed to comply with this deadline; k. The LP has infringed its duty to ask for prior written approval where indicated by this contract or in the programme Implementation Manual or has failed to immediately report events delaying or preventing the implementation of the project funded or any circumstances that mean a change of the disbursement conditions and frameworks as laid down in this contract; l. The LP or its PPs obstructed or prevented the financial control and auditing as indicated in art. 12 of this contract; m. The amount of funding awarded has been partially or entirely misapplied for purposes other than those agreed upon; n. The LP does not make available the outputs to the MA; o. Exceeding the permissible limits of the funding regulations e.g.: the LP wholly or partly sells, leases or lets the project outputs/results to a third party; p. Regulations of EU law including the horizontal policies or national regulations have been violated; q. The ownership of project outputs having the character of productive investments did not remain with the concerned LP and/or PPs for the timeframe and under the conditions set in art.65 of the CPR; r. It has become impossible to verify that the progress report is correct and thus the eligibility of the project by funding from IPA ▇▇▇▇▇▇ programme. 2. Prior to or instead of terminating the contract as provided for in this article, the MA may suspend payments as a precautionary measure, without prior notice. This measure shall be lifted as soon as the reasons for such measures cease to apply or requested proof can be furnished. 3. If the MA exercises its right of termination and the LP is demanded full or partial repayment of amounts already paid, the LP shall be obliged to transfer the repayment amount to the MA. The repayment amount