Common use of Termination, Etc Clause in Contracts

Termination, Etc. 65.1 If the Organisation or where applicable any director or any senior manager thereof:- 65.1.1 commits a breach of any of the Organisation’s obligations under the Agreement; 65.1.2 changes the Organisation’s structure or staffing in a way which in the opinion of the Council adversely affects the ability of the Organisation to discharge its obligations under the Agreement to the Contract Standard; 65.1.3 has any director or senior manager of it convicted of dishonesty; 65.1.4 becomes bankrupt, or makes a composition or arrangement with its creditors, or has a proposal for voluntary arrangements for a composition of debts, or any scheme or arrangement approved in accordance with the Insolvency Act 1986; 65.1.5 has an application made under the Insolvency Act 1986 to the Court for the appointment of an administrator or an administrative receiver; 65.1.6 has a winding-up order made or (except for the purpose of amalgamation or reconstruction) a resolution for voluntary winding-up passed; 65.1.7 has a provisional liquidator, receiver, or manager of its business or undertaking duly appointed; 65.1.8 has an administrator or an administrative receiver (as defined in the Insolvency Act 1986) appointed; 65.1.9 has possession taken by or on behalf of the holders of any debenture secured by a floating charge, or any property comprised in, or subject to, the floating charge; 65.1.10 is in circumstances which entitle the court or a creditor to appoint, or have appointed, a receiver, a manager, an administrator or an administrative receiver, or which entitle the court to make a winding-up order then in any such circumstances the Council may (if it so decides) exercise the rights described in Clause 65.3. 65.2 Not Used 65.3 In the event of any one or more of the circumstances described in Clauses 65.1 the Council may take any or all of the following actions:- 65.3.1 either provide itself or procure the provision of the whole or the relevant part of the Services until such time as (if at all) the Organisation shall demonstrate to the satisfaction of the Council that the whole or such part of the Services will be once more provided by the Organisation in accordance with the provisions hereof 65.3.2 without determining the whole of this Agreement terminate forthwith the relevant part of the Services only and thereafter itself provide or procure a third party to provide such part of the Services 65.3.3 determine the whole of this Agreement

Termination, Etc. 65.1 If the Organisation or where applicable any director or any senior manager thereof:- 65.1.1 commits a breach of any of the Organisation’s obligations under the Agreement; 65.1.2 changes the Organisation’s structure or staffing in a way which in the opinion of the Council adversely affects the ability of the Organisation to discharge its obligations under the Agreement to the Contract Standard; 65.1.3 has any director or senior manager of it convicted of dishonesty; 65.1.4 becomes bankrupt, or makes a composition or arrangement with its creditors, or has a proposal for voluntary arrangements for a composition of debts, or any scheme or arrangement approved in accordance with the Insolvency Act 1986▇▇▇ ▇▇▇▇; 65.1.5 has an application made under the Insolvency Act 1986 ▇▇▇ ▇▇▇▇ to the Court for the appointment of an administrator or an administrative receiver; 65.1.6 has a winding-w inding- up order made or (except for the purpose of amalgamation or reconstruction) a resolution for voluntary winding-winding- up passed; 65.1.7 has a provisional liquidator, receiver, or manager of its business or undertaking duly appointed; 65.1.8 has an administrator or an administrative receiver (as defined in the Insolvency Act 1986) appointed; 65.1.9 has possession taken by or on behalf of the holders of any debenture secured by a floating charge, or any property comprised in, or subject to, the floating charge; 65.1.10 is in circumstances which entitle the court or a creditor to appoint, or have appointed, a receiver, a manager, an administrator or an administrative receiver, or which entitle the court to make a winding-winding- up order then in any such circumstances the Council may (if it so decides) exercise the rights described in Clause 65.3. 65.2 Not UsedIf there is or has been any act, omission or failure by the Organisation, its employees, sub-contractors or agents in the performance of the Organisation’s obligations under this Agreement which in the opinion of the Council delays, interrupts or prevents the performance of the Services required under this Agreement in accordance with the terms of the Agreement and any standard specified herein the Council shall be entitled (if it so wishes) to exercise the rights described in Clause 65.3. 65.3 [In the event of any one or more of the circumstances described in Clauses 65.1 and 65.2] [At any time]1 the Council may take any or all of the following actions:- 65.3.1 either provide itself or procure the provision of the whole or the relevant part of the Services until such time as (if at all) the Organisation shall demonstrate to the satisfaction of the Council that the whole or such part of the Services will be once more provided by the Organisation in accordance with the provisions hereof 65.3.2 without determining the whole of this Agreement terminate forthwith the relevant part of the Services only and thereafter itself provide or procure a third party to provide such part of the Services 65.3.3 determine the whole of this Agreement

Termination, Etc. 65.1 If the Organisation or where applicable any director or any senior manager thereof:- 65.1.1 commits a breach of any of the Organisation’s obligations under the Agreement; 65.1.2 changes the Organisation’s structure or staffing in a way which in the opinion of the Council adversely affects the ability of the Organisation to discharge its obligations under the Agreement to the Contract Standard; 65.1.3 has any director or senior manager of it convicted of dishonesty; 65.1.4 becomes bankrupt, or makes a composition or arrangement with its creditors, or has a proposal for voluntary arrangements for a composition of debts, or any scheme or arrangement approved in accordance with the Insolvency Act 1986▇▇▇ ▇▇▇▇; 65.1.5 has an application made under the Insolvency Act 1986 ▇▇▇ ▇▇▇▇ to the Court for the appointment of an administrator or an administrative receiver; 65.1.6 has a winding-up order made or (except for the purpose of amalgamation or reconstruction) a resolution for voluntary winding-up passed; 65.1.7 has a provisional liquidator, receiver, or manager of its business or undertaking duly appointed; 65.1.8 has an administrator or an administrative receiver (as defined in the Insolvency Act 1986) appointed; 65.1.9 has possession taken by or on behalf of the holders of any debenture secured by a floating charge, or any property comprised in, or subject to, the floating charge; 65.1.10 is in circumstances which entitle the court or a creditor to appoint, or have appointed, a receiver, a manager, an administrator or an administrative receiver, or which entitle the court to make a winding-up order then in any such circumstances the Council may (if it so decides) exercise the rights described in Clause 65.3. 65.2 Not UsedIf there is or has been any act, omission or failure by the Organisation, its employees, sub-contractors or agents in the performance of the Organisation’s obligations under this Agreement which in the opinion of the Council delays, interrupts or prevents the performance of the Services required under this Agreement in accordance with the terms of the Agreement and any standard specified herein the Council shall be entitled (if it so wishes) to exercise the rights described in Clause 65.3. 65.3 In the event of any one or more of the circumstances described in Clauses 65.1 the Council may take any or all of the following actions:- 65.3.1 either provide itself or procure the provision of the whole or the relevant part of the Services until such time as (if at all) the Organisation shall demonstrate to the satisfaction of the Council that the whole or such part of the Services will be once more provided by the Organisation in accordance with the provisions hereof 65.3.2 without determining the whole of this Agreement terminate forthwith the relevant part of the Services only and thereafter itself provide or procure a third party to provide such part of the Services 65.3.3 determine the whole of this Agreementand

Termination, Etc. 65.1 66.1 If the Organisation or where applicable any director or any senior manager thereof:- 65.1.1 66.1.1 commits a breach of any of the Organisation’s obligations under the Agreement; 65.1.2 66.1.2 changes the Organisation’s structure or staffing in a way which in the opinion of the Council adversely affects the ability of the Organisation to discharge its obligations under the Agreement to the Contract Standard; 65.1.3 66.1.3 has any director or senior manager of it convicted of dishonesty; 65.1.4 66.1.4 becomes bankrupt, or makes a composition or arrangement with its creditors, or has a proposal for voluntary arrangements for a composition of debts, or any scheme or arrangement approved in accordance with the Insolvency Act 1986▇▇▇ ▇▇▇▇; 65.1.5 66.1.5 has an application made under the Insolvency Act 1986 ▇▇▇ ▇▇▇▇ to the Court for the appointment of an administrator or an administrative receiver; 65.1.6 66.1.6 has a winding-up order made or (except for the purpose of amalgamation or reconstruction) a resolution for voluntary winding-up passed; 65.1.7 66.1.7 has a provisional liquidator, receiver, or manager of its business or undertaking duly appointed; 65.1.8 66.1.8 has an administrator or an administrative receiver (as defined in the Insolvency Act 1986) appointed; 65.1.9 66.1.9 has possession taken by or on behalf of the holders of any debenture secured by a floating charge, or any property comprised in, or subject to, the floating charge; 65.1.10 66.1.10 is in circumstances which entitle the court or a creditor to appoint, or have appointed, a receiver, a manager, an administrator or an administrative receiver, or which entitle the court to make a winding-up order then in any such circumstances the Council may (if it so decides) exercise the rights described in Clause 65.3. 65.2 Not Used66.2 If there is or has been any act, omission or failure by the Organisation, its employees, sub-contractors or agents in the performance of the Organisation’s obligations under this Agreement which in the opinion of the Council delays, interrupts or prevents the performance of the Services required under this Agreement in accordance with the terms of the Agreement and any standard specified herein the Council shall be entitled (if it so wishes) to exercise the rights described in Clause 65.3. 65.3 66.3 In the event of any one or more of the circumstances described in Clauses 65.1 the Council may take any or all of the following actions:- 65.3.1 either provide itself or procure the provision of the whole or the relevant part of the Services until such time as (if at all) the Organisation shall demonstrate to the satisfaction of the Council that the whole or such part of the Services will be once more provided by the Organisation in accordance with the provisions hereof 65.3.2 without determining the whole of this Agreement terminate forthwith the relevant part of the Services only and thereafter itself provide or procure a third party to provide such part of the Services 65.3.3 determine the whole of this Agreementand

Termination, Etc. 65.1 If the Organisation or where applicable any director or any senior manager thereof:-thereof: 65.1.1 commits a material breach of any of the Organisation’s obligations under the Agreement or commits a breach of any of the Organisation’s obligations under the Agreement;Agreement which is not capable of being remedied, 65.1.2 changes the Organisation’s structure or staffing in a way which in the reasonable opinion of the Council adversely affects has a fundamental adverse affect on the ability of the Organisation to discharge its obligations under the Agreement to the Contract Standard; 65.1.3 has any director or senior manager of it convicted of dishonesty;dishonesty and in the reasonable opinion of the Council the Organisation has failed to take appropriate action in response, 65.1.4 becomes bankrupt, or makes a composition or arrangement with its creditors, or has a proposal for voluntary arrangements for a composition of debts, or any scheme or arrangement approved in accordance with the Insolvency Act 1986;▇▇▇ ▇▇▇▇, 65.1.5 has an application made under the Insolvency Act 1986 ▇▇▇ ▇▇▇▇ to the Court for the appointment of an administrator or an administrative receiver;, 65.1.6 has a winding-up order made or (except for the purpose of amalgamation or reconstruction) a resolution for voluntary winding-up passed;, 65.1.7 has a provisional liquidator, receiver, or manager of its business or undertaking duly appointed;, 65.1.8 has an administrator or an administrative receiver (as defined in the Insolvency Act 1986) appointed;, 65.1.9 has possession taken by or on behalf of the holders of any debenture secured by a floating charge, or any property comprised in, or subject to, the floating charge;, 65.1.10 is in circumstances which entitle the court or a creditor to appoint, or have appointed, a receiver, a manager, an administrator or an administrative receiver, or which entitle the court to make a winding-up order then in any such circumstances the Council may (if it so decides) exercise the rights described in Clause 65.3. 65.2 Not UsedIf there is or has been any act, omission or failure by the Organisation, its employees, sub-contractors or agents in the performance of the Organisation’s obligations under this Agreement which in the opinion of the Council materially delays, interrupts or prevents the performance of the Services required under this Agreement in accordance with the terms of the Agreement and any standard specified herein the Council shall subject to Clause 65.5 be entitled (if it so wishes) to exercise the rights described in Clause 65.3. 65.3 In the event of any one or more of the circumstances described in Clauses 65.1 the Council may take any or all of the following actions:- 65.3.1 either provide itself or procure the provision of the whole or the relevant part of the Services until such time as (if at all) the Organisation shall demonstrate to the satisfaction of the Council that the whole or such part of the Services will be once more provided by the Organisation in accordance with the provisions hereof 65.3.2 without determining the whole of this Agreement terminate forthwith the relevant part of the Services only and thereafter itself provide or procure a third party to provide such part of the Services 65.3.3 determine the whole of this Agreementand