Common use of TERMINATION OF THE ASSIGNMENT Clause in Contracts

TERMINATION OF THE ASSIGNMENT. 8.1. The Assignment will terminate when the Client confirms that the Consultancy Services have been completed. 8.2. Notwithstanding the provisions of clause 8.1 the Client may terminate the Assignment with immediate effect by notice in writing to the Employment Business where: 8.2.1. the Consultancy has acted in breach of any statutory or other reasonable rules and regulations applicable to them while providing the Consultancy Services; or 8.2.2. the Client reasonably believes that the Consultancy has not observed any condition of confidentiality applicable to the Consultancy from time to time; or 8.2.3. the Client reasonably considers that the Consultancy’s provision of the Consultancy Services is unsatisfactory. 8.3. The Employment Business may terminate an Assignment with immediate effect by notice in writing if: 8.3.1. the Client is in wilful or persistent breach of its obligations under this Agreement and where the breach is capable of being remedied, fails to remedy the breach within 7 days of receiving written notice from the Employment Business to do so; or 8.3.2. the Client fails to pay any amount which is due to the Employment Business in full and on the date that the payment falls due; or 8.3.3. the Client is dissolved, ceases to conduct all (or substantially all) of its business, is or becomes unable to pay its debts as they fall due, is or becomes insolvent or is declared insolvent, or convenes a meeting or makes or proposes to make any arrangement or composition with its creditors; or 8.3.4. an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the Client; or 8.3.5. an order is made for the winding up of the Client, or where the Client passes a resolution for its winding up (other than for the purpose of a solvent company reorganisation or amalgamation where the resulting entity will assume all the obligations of the other party under this Agreement); or 8.3.6. (where the Client is an individual) the Client dies, or as a result of illness or incapacity becomes incapable of managing his or her own affairs, or is the subject of a bankruptcy petition or order; or 8.3.7. the Employment Business knows or suspects that the Consultancy or the Consultancy Staff work under (or subject to the right of) supervision, direction or control of any person as to the manner in which they provide the Consultancy Services in breach of this Agreement; or 8.3.8. the Client fails to provide accurate and sufficient evidence that neither the Consultancy nor the Consultancy Staff work under (or subject to the right of) supervision, direction or control of any person as to the manner in which they provide the Consultancy Services; or 8.3.9. the Client provides to the Employment Business, the Consultancy or the Consultancy Staff, a document which fraudulently states that the Consultancy Staff do not work under (or are not subject to) supervision, direction or control of any person as to the manner in which they provide the Consultancy Services; or 8.3.10. the Employment Business knows or suspects that the Client is a Public Authority.

Appears in 1 contract

Sources: Terms of Business

TERMINATION OF THE ASSIGNMENT. 8.112.1. The Assignment will terminate when the Client confirms that the Consultancy Services have been completed. 8.212.2. Notwithstanding the provisions of clause 8.1 Error! Reference source not found. the Client may terminate the Assignment with immediate effect by notice in writing to the Employment Business where: 8.2.112.2.1. the Consultancy has acted in breach of any statutory or other reasonable rules and regulations applicable to them while providing the Consultancy Services; or; 8.2.212.2.2. the Client reasonably believes that the Consultancy has not observed any condition of confidentiality applicable to the Consultancy from time to time; or 8.2.312.2.3. the Client reasonably considers that the Consultancy’s provision of the Consultancy Services is unsatisfactory. 8.312.3. The Employment Business may terminate an Assignment with immediate effect by notice in writing if: 8.3.112.3.1. the Client is in wilful or persistent breach of its obligations under this Agreement these Terms and where the breach is capable of being remedied, fails to remedy the breach within 7 days of receiving written notice from the Employment Business to do so; or 8.3.212.3.2. the Client fails to pay any amount which is due to the Employment Business in full and on the date that the payment falls due; or 8.3.312.3.3. the Client is dissolved, ceases to conduct all (or substantially all) of its business, is or becomes unable to pay its debts as they fall due, is or becomes insolvent or is declared insolvent, or convenes a meeting or makes or proposes to make any arrangement or composition with its creditors; or 8.3.412.3.4. an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the Client; or 8.3.512.3.5. an order is made for the winding up of the Client, or where the Client passes a resolution for its winding up (other than for the purpose of a solvent company reorganisation or amalgamation where the resulting entity will assume all the obligations of the other party under this Agreement); or 8.3.612.3.6. (where the Client is an individual) fails to provide written reasons for its IR35 Status Decision within 7 days of the Client dies, or as a result of illness or incapacity becomes incapable of managing his or her own affairs, or is the subject date of a bankruptcy petition or orderrequest for those reasons from the Employment Business; or 8.3.712.3.7. the Client advises that the circumstances of the Assignment have changed so that the Assignment become an Inside IR35 Assignment; or 12.3.8. the Employment Business knows or suspects that the circumstances of the Assignment have changed so that Assignment has or will become an Inside IR35 Assignment; 12.3.9. the Client or the Consultancy or the Consultancy Staff work under (or subject provide to the right of) supervisionEmployment Business, direction or control of any person as to a document which incorrectly states that the manner in which they provide the Consultancy Services in breach of this AgreementAssignment is Outside IR35; or 8.3.812.3.10. the Client fails to provide accurate and sufficient evidence that neither the Consultancy nor the Consultancy Staff work under (or subject to the right of) supervision, direction or control of any person as to the manner in which they provide the Consultancy Services; or 8.3.912.3.11. the Client provides to the Employment Business, the Consultancy or the Consultancy Staff, a document which fraudulently incorrectly states that the Consultancy Staff do not work under (or are not subject to) supervision, direction or control of any person as to the manner in which they provide the Consultancy Services; or 8.3.10. the Employment Business knows or suspects that the Client is a Public Authority.

Appears in 1 contract

Sources: Terms of Business

TERMINATION OF THE ASSIGNMENT. 8.19.1. The Assignment will terminate when on the end date set out in the relevant Work Schedule The Client, Mainstay or the PSC may terminate the Assignment earlier by giving written notice for the period of notice specified in the relevant Work Schedule. However, and whenever an Assignment terminates, the Client confirms that the Consultancy Services have been completedmust pay any Charges due under clause 6 (Charges) above. 8.29.2. Notwithstanding the provisions of clause 8.1 9.1, the Client may terminate the an Assignment with immediate effect by notice in writing to the Employment Business Mainstay where: 8.2.19.2.1. the Consultancy PSC has acted in breach of any statutory or other reasonable rules and regulations applicable to them while providing the Consultancy PSC Services; or 8.2.29.2.2. the Client reasonably believes that the Consultancy PSC has not observed any condition of confidentiality applicable to the Consultancy that PSC from time to time; or 8.2.39.2.3. the Client reasonably considers that the Consultancy’s a PSC 's provision of the Consultancy PSC Services is unsatisfactoryunsatisfactory or that the PSC has not delivered the Specified Deliverables. 8.39.3. The Employment Business Mainstay may terminate an Assignment with immediate effect by notice in writing to the Client if: 8.3.19.3.1. the Client is in wilful or persistent breach of its obligations under this Agreement and where the breach is capable of being remedied, fails to remedy the breach within 7 days of receiving written notice from the Employment Business Mainstay to do so; or 8.3.29.3.2. the Client fails to pay any amount which is due to the Employment Business Mainstay in full and on the date that the payment falls due; or 8.3.39.3.3. the Client is dissolved, ceases to conduct all (or substantially all) of its business, is or becomes unable to pay its debts as they fall due, is or becomes insolvent or is declared insolvent, or convenes a meeting or makes or proposes to make any arrangement or composition with its creditors; or 8.3.49.3.4. an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the Client; or 8.3.5. , or an order is made for the winding up of the Client, or where the Client passes a resolution for its winding up (other than for the purpose of a solvent company reorganisation or amalgamation where the resulting entity will assume all the obligations of the other party under this Agreement); or 8.3.69.3.5. (where the Client is an individual) the Client dies, or as a result of illness or incapacity becomes incapable of managing his or her own affairs, or is the subject of a bankruptcy petition or order; or 8.3.7. the Employment Business ▇▇▇▇▇▇▇▇ knows or suspects that the Consultancy Client is an Exempt Organisation; 9.3.6. Mainstay knows or suspects that the Consultancy Client has not used best endeavours in providing its SDS; or 9.3.7. the Client advises that the circumstances of that Assignment have changed so that the Outside IR35 Assignment has become an Inside IR35 Assignment; or 9.3.8. ▇▇▇▇▇▇▇▇ knows or suspects that the PSC Staff work under (or subject to the right of) supervision, direction or control of any person as to the manner in which they provide the Consultancy Services PSC Services, in breach of this Agreement; or 8.3.89.3.9. the Client fails to provide does not give accurate and sufficient evidence that neither the Consultancy nor the Consultancy PSC Staff do not work under (or subject to the right of) supervision, direction or control of any person as to the manner in which they provide it provides the Consultancy PSC Services; or 8.3.99.3.10. either the Client provides to the Employment Business, the Consultancy or the Consultancy Staff, PSC gives Mainstay fraudulent information with the purpose of avoiding the Off-payroll rules or a document which fraudulently states that the Consultancy PSC Staff do not work under (or are is not subject to) the supervision, direction or control of any person as to the manner in which they provide the Consultancy PSC Services; or 8.3.109.3.11. where ▇▇▇▇▇▇▇▇ knows or suspects that the Employment Business PSC Staff no longer meet the Conditions of Liability in relation to the PSC; or 9.3.12. either the Client or the PSC enters into avoidance arrangements where the main purpose, or one of their main purposes, is to secure a tax advantage; or 9.3.13. Mainstay knows or suspects that the Client is a Public Authorityhas breached the Data Protection Laws.

Appears in 1 contract

Sources: Terms of Business for the Supply of Personal Service Companies (Psc's)