Common use of Termination and Suspension of the Contract Clause in Contracts

Termination and Suspension of the Contract. 21.1 Without prejudice to any rights and remedies which the Employer may possess whether by virtue of the terms of this Contract and/or at law or otherwise the Employer may, by notice in writing, at any time, notify the Consultant of a failure to perform, or of its election to suspend, postpone or cancel any work being carried out by the Consultant pursuant to the Contract either as a whole or in relation to any individual task or matter (including for the avoidance of doubt any Instruction) in respect of which the Consultant may have been instructed. 21.2 Where the Consultant has been notified in accordance with Clause 21.1 of its failure to perform, the Employer may, without prejudice to any other remedy it may have:- a) request from the Consultant that, at the Consultant's own expense and as specified by the Employer, it reschedules and carries out the work in a manner satisfactory to the Employer, which may include rectifying work done or repeating the provision of any of the Services within such period as the Employer may specify by such written notice; or b) withhold or reduce payments to the Consultant, as the Employer shall deem appropriate in each particular case. 21.3 If the provision of Services is suspended, postponed or cancelled in accordance with Clause 21.1 for longer than 6 months, the Consultant may request in writing that the provision of those Services by it be resumed and, unless written instructions to resume are given by the Employer to the Consultant within 28 days after such request, the employment of the Consultant in relation to the suspended, postponed or cancelled Services shall determine upon expiry of such 28 day period. 21.4 Without prejudice to any other right it may have to terminate this Contract and/or any Instruction, the Employer may at any time, and without giving reasons, serve written notice on the Consultant of its intention to terminate the Contract and/or any Instruction, and the Contract and/or any Instruction shall be terminated with immediate effect upon service of such notice. 21.5 Subject to the provisions of Clause 21.1 the Consultant may, upon giving reasonable notice to the Employer serve written notice on the Employer of its intention to terminate the Contract and the Contract shall, upon expiry of such notice be terminated.

Appears in 2 contracts

Sources: Panel Appointment of Consultant, Direct Appointment of Consultant

Termination and Suspension of the Contract. 21.1 Without prejudice to any rights and remedies which the Employer Agency may possess whether by virtue of the terms of this Contract and/or at law or otherwise the Employer Agency may, by notice in writing, at any time, notify the Consultant of a failure to perform, or of its election to suspend, postpone or cancel any work being carried out by the Consultant pursuant to the Contract either as a whole or in relation to any individual task or matter (including for the avoidance of doubt any Instruction) in respect of which the Consultant may have been instructed. 21.2 Where the Consultant has been notified in accordance with Clause 21.1 of its failure to perform, the Employer Agency may, without prejudice to any other remedy it may have:- a) request from the Consultant that, at the Consultant's own expense and as specified by the EmployerAgency, it reschedules and carries out the work in a manner satisfactory to the EmployerAgency, which may include rectifying work done or repeating the provision of any of the Services within such period as the Employer Agency may specify by such written notice; or b) withhold or reduce payments to the Consultant, as the Employer Agency shall deem appropriate in each particular case. 21.3 If the provision of Services is suspended, postponed or cancelled in accordance with Clause 21.1 for longer than 6 months, the Consultant may request in writing that the provision of those Services by it be resumed and, unless written instructions to resume are given by the Employer Agency to the Consultant within 28 days after such request, the employment of the Consultant in relation to the suspended, postponed or cancelled Services shall determine upon expiry of such 28 day period. 21.4 Without prejudice to any other right it may have to terminate this Contract and/or any Instruction, the Employer Agency may at any time, and without giving reasons, serve written notice on the Consultant of its intention to terminate the Contract and/or any Instruction, and the Contract and/or any Instruction shall be terminated with immediate effect upon service of such notice. 21.5 Subject to the provisions of Clause 21.1 the Consultant may, upon giving reasonable notice to the Employer Agency serve written notice on the Employer Agency of its intention to terminate the Contract and the Contract shall, upon expiry of such notice be terminated.

Appears in 1 contract

Sources: Contract for Housing Standards Review Analysis