Common use of Termination by the Council Clause in Contracts

Termination by the Council. 19.1 The Council may terminate this Contract wholly or in part at any time subject to a month's written notice to the Consultant. 19.2 Notwithstanding the provisions of Clause 19.1, the Council may be entitled to terminate this Contract (in whole or in part) forthwith by written notice having immediate effect in the following circumstances; 19.2.1 if the Consultant is in breach of any of its obligations under this Contract and if such breach is capable of remedy fails to remedy the breach within 7 working days of a written request by the Council to remedy the same; 19.2.2 if the Consultant shall have a receiver or administrative receiver appointed over it or over any part of its undertaking or assets or shall pass a resolution for winding-up (otherwise than for the purpose of a bona fide scheme of solvent amalgamation or reconstruction) or a court of competent jurisdiction shall make an order to that effect or if the other party shall become subject to an administration order or shall enter into any voluntary arrangement with its creditors or shall cease or threaten to cease to carry on business; 19.2.3 if a meeting is convened for the purposes of considering a resolution or other steps are taken for the winding up of the Consultant or for the making of an administration order (otherwise than for the purpose of an amalgamation or reconstruction); 19.2.4 if the Consultant has offered or given or agreed to give any person any gift or a consideration of any kind as an inducement or reward for doing or forbearing to do or for having done or forborne to do any action in relation to the obtaining or execution of this Contract or any other Contract with the Council or for showing or forbearing to show favour or disfavour to any person in relation to this Contract or any other Contract with the Council or if the like acts shall have been done by any person employed by it or acting on its behalf (whether with or without the knowledge of the Consultant) or if in relation to any Contract with the Council the Consultant or any person employed by him or acting on his behalf has committed any offence under the Prevention of Corruption Acts 1889 and 1916 or shall have given any fee or reward the receipt of which is an offence under sub section (2) or (3) of Section 117 of the Local Government Act 1972; 19.2.5 if there is a change of control of the Consultant or (where the Consultant is a subsidiary company) of its ultimate holding company. 19.3 In the event of termination of this Contract (in whole or in part) for any of the reasons specified in Clause 19.2 the Council may exercise any or all of the following rights: 19.3.1 the Council may require the Consultant to perform any of its obligations existing at the date of termination; 19.3.2 the Council shall cease to be under any obligation to make any further payments under this Contract; 19.3.3 the Council shall be entitled to recover from the Consultant any loss, damages, costs or expenses to the Council resulting from or arising out of the termination of this Contract (in whole or in part) including the reasonable cost to the Council of time spent by its officers in terminating this Contract (in whole or in part) and, without limitation, the costs of procuring suitable alternative Services in accordance with the procedures laid down by the Council's Contract Procedure Rules and relevant legislation. 19.4 The termination (in whole or in part) or expiration of this Contract shall be without prejudice to the rights and remedies a party may be entitled to hereunder or at law and shall not affect any accrued rights or liabilities of either party nor the coming into or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination or expiration.

Termination by the Council. 19.1 18.1 The Council may terminate this Contract wholly or in part at any time subject to a one month's written notice to the ConsultantService Provider. 19.2 18.2 Notwithstanding the provisions of Clause 19.118.1, the Council may be entitled to terminate this Contract (in whole or in part) forthwith with immediate effect by giving written notice having immediate effect to the Service Provider in the following circumstances;: 19.2.1 18.2.1 if the Consultant Service Provider is in breach of any of its obligations under this Contract and if such breach is capable of remedy fails to remedy the breach within 7 working days 5 Working Days (or such other time as agreed in writing between the parties) of a written request by the Council to remedy the same; 19.2.2 18.2.2 if the Consultant Service Provider shall have a receiver or administrative receiver appointed over it or over any part of its undertaking or assets or shall pass a resolution for winding-up (otherwise than for the purpose of a bona fide scheme of solvent amalgamation or reconstruction) or a court of competent jurisdiction shall make an order to that effect or if the other party Party shall become subject to an administration order or shall enter into any voluntary arrangement with its creditors or shall cease or threaten to cease to carry on business; 19.2.3 18.2.3 if a meeting is convened for the purposes of considering a resolution or other steps are taken for the winding up of the Consultant Service Provider or for the making of an administration order (otherwise than for the purpose of an amalgamation or reconstruction); 19.2.4 18.2.4 if the Consultant Service Provider has offered or given or agreed to give any person any gift or a consideration of any kind as an inducement or reward for doing or forbearing to do or for having done or forborne to do any action in relation to the obtaining or execution of this Contract or any other Contract contract with the Council or for showing or forbearing to show favour or disfavour to any person in relation to this Contract or any other Contract contract with the Council or if the like acts shall have been done by any person employed by it or acting on its behalf (whether with or without the knowledge of the ConsultantService Provider) or if in relation to any Contract contract with the Council the Consultant Service Provider or any person employed by him or acting on his behalf has committed any offence under the Prevention of Corruption Acts 1889 and 1916 or shall have given any fee or reward the receipt of which is an offence under sub section (2) or (3) of Section 117 of the Local Government Act 1972; 19.2.5 18.2.5 if there is a change of control of the Consultant Service Provider or (where the Consultant Service Provider is a subsidiary company) of its ultimate holding company. 19.3 18.3 In the event of termination of this Contract (in whole or in part) for any of the reasons specified in Clause 19.2 18.2 the Council may exercise any or all of the following rights: 19.3.1 18.3.1 the Council may require the Consultant Service Provider to perform any of its obligations existing at the date of termination; 19.3.2 18.3.2 the Council shall cease to be under any obligation to make any further payments under this Contract; 19.3.3 18.3.3 the Council shall be entitled to recover from the Consultant Service Provider any loss, damages, costs or expenses to the Council resulting from or arising out of the termination of this Contract (in whole or in part) including the reasonable cost to the Council of time spent by its officers in terminating this Contract (in whole or in part) and, without limitation, the costs of procuring suitable alternative Services in accordance with the procedures laid down by the Council's Contract Procedure Rules (as set out in the Council’s Constitution and available on the Council’s website) and relevant legislation. 19.4 18.4 The termination (in whole or in part) or expiration of this Contract shall be without prejudice to the rights and remedies a party Party may be entitled to hereunder or at law and shall not affect any accrued rights or liabilities of either party Party nor the coming into or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination or expiration. 18.5 On expiry or termination of this Contract, the following clauses shall continue in force: 2, 8, 9, 14.1, 14.2, 14.7, 14.8, 14.9, 14.10, 16, 20, 25, 30, 31, 33.1, 33.2, 33.7, 33.9 and 33.10.