TERMINATION OF THE GRANT CONTRACT. The Managing Authority shall have the right to terminate the Grant Contract with one month's notice if the Lead Partner: received co-financing based on: false or incomplete declarations or documents, non-disclosure of information, despite the obligation to disclose it, with the aim of misappropriating or unlawfully retaining the grant received, while executing the Grant Contract, has not complied with the national or European Union regulations or the provisions of the documents referred to in § 2 section 3 points 2 - 3; has used all or part of the allocated co-financing for an improper purpose, or in breach of the European Union and national law, current programme documents and the national and the European Union rules and guidelines, or in breach of the contractual provisions, or has taken all or part of the allocated co-financing unduly or in excess, for reasons for which it is responsible: a) has not commenced the technical and financial implementation of the project within …… months from the date referred to in § 5(1); b) has not achieved the intended project objectives, c) has not achieved the intended project outputs, is not able to complete the technical and financial implementation of the project within the time limit referred to in § 5(2), and if the delay exceeds …… months in relation to the activities planned in the Application Form, has ceased to implement the project or is executing the project in a manner inconsistent with the Grant Contract, has not submitted all the required progress reports for a project, refuses to submit to a control or audit by authorised institutions, has not remedied the irregularities identified within the specified period, has failed to submit the required information or documents despite a written request from the Managing Authority or other bodies entitled to carry out inspections, which specified the deadline and the legal consequences of failing to comply with the request of the Managing Authority or other bodies entitled to carry out checks, is not able to prove that the progress report for a project contain complete and true data and that the reported expenditure is eligible, is in liquidation or subject to receivership or has suspended its business activities or is the subject to similar proceedings, has not informed the Managing Authority of such a change in its legal status or of any of the Project Partners, which results in their failure to comply with the requirements set out in the Programme, the Lead Partner or the Project Partner is subject to criminal proceedings for fraud of a corrupt nature to the detriment of the European Union's financial interests. In the event of the Grant Contract termination for the reasons referred to in section 1, the Lead Partner shall return the co-financing paid in accordance with § 12. In the event when the European Commission does not provide the European Union funds for the Programme for reasons beyond the control of the Managing Authority, the Managing Authority reserves the right to terminate the Grant Contract. In this case, the Lead Partner is not entitled to any claim against the Managing Authority, for any reason whatsoever. In case of circumstances preventing the further performance of the obligations under the Grant Contract, it may be terminated by mutual consent of the Parties. The Lead Partner shall then be entitled to retain the co-financing received only for that part of the expenditure which corresponds to the properly executed part of the project. The Grant Contract may be terminated at a written request of the Lead Partner if the Lead Partner returns the co-financing granted in accordance with § 12, subject to § 17. Regardless of the reasons for termination of the Grant Contract, the Lead Partner shall submit the final progress report for a project by the date specified by the Managing Authority and shall be obliged to archive documents relating to its implementation within the period referred to in § 8(17).
Appears in 2 contracts
Sources: Grant Contract, Grant Agreement
TERMINATION OF THE GRANT CONTRACT. The Managing Authority shall have the right to terminate the Grant Contract with one month's notice if the Lead PartnerSPF Beneficiary: received co-financing based on: false or incomplete declarations or documents, non-disclosure of information, despite the obligation to disclose it, with the aim of misappropriating or unlawfully retaining the grant received, ; while executing the Grant Contract, has did not complied comply with the national or European Union regulations or the provisions of the documents referred to in § 2 section 3 points 2 - 3; has used all or part of the allocated co-financing for an improper purpose, or in breach of the European Union and national law, the current programme Programme documents and the national and the European Union rules and guidelines, or in breach of the contractual provisions, or has taken all or part of the allocated co-financing unduly or in excess, for reasons for which it is responsible:
a) : has not commenced the technical and financial implementation of the project within …… months from the date term referred to in § 5(14(1);
b) , has not announced the call of small projects within 60 days from the date of grant contract signature, has not achieved the intended project objectives,
c) , has not achieved the intended project outputs, is not able to complete the technical and financial implementation of the project within the time limit referred to in § 5(24(2), and if the delay exceeds …… 6 months in relation to the activities planned in the Application Form, has ceased to implement the project or is executing the project in a manner inconsistent with the Grant Contract, has not submitted all the required progress reports for a projectSmall Project Fund, refuses to submit to a control or audit by authorised institutions, has not remedied failed to remedy the irregularities identified within the specified period, has failed to submit the required information or documents despite a written request from the Managing Authority or other bodies entitled to carry out inspections, which specified the deadline and the legal consequences of failing to comply with the request of the Managing Authority or other bodies entitled to carry out checks, is not able to prove that the progress report reports for a project Small Project Fund contain complete and true data and that the reported expenditure is eligible, is in liquidation or subject to receivership or has suspended its business activities or is the subject to similar proceedings, has not informed the Managing Authority of such a change in its legal status or of any of the Project Partners, which that results in their failure to comply with the requirements set out in the Programme, the Lead Partner or the Project Partner SPF Beneficiary is subject to criminal proceedings for fraud of a corrupt nature to the detriment of the European Union's financial interests. In the event of the Grant Contract termination for the reasons referred to in section 1, the Lead Partner SPF Beneficiary shall return the co-financing paid in accordance with § 12. In the event when the European Commission does not provide the European Union funds for the Programme for reasons beyond the control of the Managing Authority, the Managing Authority reserves the right to terminate the Grant Contract. In this case, the Lead Partner SPF Beneficiary is not entitled to any claim against the Managing Authority, for any reason whatsoever. In case of circumstances preventing the further performance of the obligations under the Grant Contract, it may be terminated by mutual consent of the Parties. The Lead Partner shall then be entitled to retain the co-financing received only for that part of the expenditure which corresponds to the properly executed part of the project. The Grant Contract may be terminated at a written request of the Lead Partner if the Lead Partner returns the co-financing granted in accordance with § 12, subject to § 17. Regardless of the reasons for termination of the Grant Contract, the Lead Partner SPF Beneficiary shall submit the final progress report for a project Small Project Fund by the date specified by the Managing Authority and shall be obliged to archive documents relating to its implementation within the period referred to in § 8(177 sections 11 and 14(1).
Appears in 1 contract
Sources: Grant Contract
TERMINATION OF THE GRANT CONTRACT. The Managing Authority shall have the right to terminate the Grant Contract with one month's notice if the Lead PartnerBeneficiary: received co-financing based on: false or incomplete declarations or documents, non-disclosure of information, despite the obligation to disclose it, with the aim of misappropriating or unlawfully retaining the grant received, ; while executing the Grant Contract, has not complied with the national or European Union regulations or the provisions of the documents referred to in § 2 section 3 points 2 - 3; has used all or part of the allocated co-financing for an improper purpose, or in breach of the European Union and national law, current programme Programme documents and the national and the European Union rules and guidelines, or in breach of the contractual provisions, or has taken all or part of the allocated co-financing unduly or in excess, for reasons for which it is responsible:
a) : has not commenced the technical and financial implementation of the project within …… months from the date term referred to in § 5(14(1);
b) , has not announced the call of small projects within 60 days from the date of grant contract signature, has not achieved the intended project objectives,
c) , has not achieved the intended project outputs, is not able to complete the technical and financial implementation of the project within the time limit referred to in § 5(24(2), and if the delay exceeds …… 6 months in relation to the activities planned in the Application Form, has ceased to implement the project or is executing the project in a manner inconsistent with the Grant Contract, has not submitted all the required progress reports for a project, refuses to submit to a control or audit by authorised institutions, has not remedied the irregularities identified within the specified period, has failed to submit the required information or documents despite a written request from the Managing Authority or other bodies entitled to carry out inspections, which specified the deadline and the legal consequences of failing to comply with the request of the Managing Authority or other bodies entitled to carry out checks, is not able to prove that the progress report requests for payment for a project contain complete and true data and that the reported expenditure is eligible, is in liquidation or subject to receivership or has suspended its business activities or is the subject to similar proceedings, has not informed the Managing Authority of such a change in its legal status or of any of the Project Partnersstatus, which results in their failure to comply with the requirements set out in the Programme, the Lead Partner or the Project Partner Beneficiary is subject to criminal proceedings for fraud of a corrupt nature to the detriment of the European Union's financial interests. In the event of the Grant Contract termination for the reasons referred to in section 1, the Lead Partner Beneficiary shall return the co-financing paid in accordance with § 12. In the event when the European Commission does not provide the European Union funds for the Programme for reasons beyond the control of the Managing Authority, the Managing Authority reserves the right to terminate the Grant Contract. In this case, the Lead Partner is not entitled to any claim against the Managing Authority, for any reason whatsoever. In case of circumstances preventing the further performance of the obligations under the Grant Contract, it may be terminated by mutual consent of the Parties. The Lead Partner shall then be entitled to retain the co-financing received only for that part of the expenditure which corresponds to the properly executed part of the project. The Grant Contract may be terminated at a written request of the Lead Partner if the Lead Partner returns the co-financing granted in accordance with § 12, subject to § 17. Regardless of the reasons for termination of the Grant Contract, the Lead Partner Beneficiary shall submit the final progress report for a project by the date specified by the Managing Authority and shall be obliged to archive documents relating to its implementation within the period referred to in § 8(177 sections 11 and 14(1).
Appears in 1 contract
Sources: Grant Contract