Termination of the Project. 14.1 The Commission may terminate the grant agreement should the beneficiary, for no valid economic or technical reason, fail to honour one of the substantive obligations under the grant agreement. For this purpose the Commission shall apply the following procedure: A first letter will be sent asking the beneficiary to comply with the abovementioned obligations. If no reply is received within two months from the date of the first letter or if the reply received is considered insufficient a second letter will be sent. In this letter the Commission will inform the beneficiary of the proposed decision based on the information available at that stage. If no reply is received within one month from the date of the second letter or if the reply received is considered insufficient a registered letter (with acknowledgement of receipt) will be sent. In this letter the Commission will notify the beneficiary of the decision taken. Any comment by/information from the beneficiary will be considered only if it is sent within one month of receipt of the registered letter at the latest. Based on any comments/information received the Commission may confirm/amend its decision. The decision will then be considered final and will be notified by registered letter. In the event of termination of the grant agreement the Commission may demand full or partial repayment of amounts already paid. Only the information available at that stage will be considered to determine the amount of eligible expenditure. 14.2 The Commission may terminate the grant agreement, without notice and without paying compensation of any kind, In case of force majeure or where the beneficiary is declared bankrupt, is wound up or is subject to any similar proceeding; If the beneficiary deliberately makes false or incomplete statements to obtain the Community financial contribution provided for in the agreement or if the beneficiary has intentionally or by negligence committed a substantial irregularity in performing the agreement or in the event of fraud, corruption or any other illegal activity on the part of the beneficiary to the detriment of the European Communities' financial interests. A substantial irregularity consists of any infringement of a provision of an agreement or regulation resulting from an act or an omission on the part of the beneficiary which causes or might cause a loss to the Community budget. If the beneficiary is found guilty of an offence involving his professional conduct by a judgment having the force of res judicata or if he is guilty of grave professional misconduct proven by any justified means; 14.3 In theses events, the Commission may demand full or partial repayment of amounts already paid under the grant agreement. 14.4 Termination of the grant agreement for financial irregularities shall be without prejudice to the application of other administrative measures or penalties which may be imposed in accordance with Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities' financial interests. 14.5 The beneficiary may terminate the project at any time by giving two months' formal written notice, provided valid economic or technical reasons exist. The beneficiary shall be under an obligation to present a technical report outlining the status of the work and the reasons for termination. The beneficiary shall present a financial report, on the basis of which the Commission will determine the amount of eligible expenditure. If no reasons are given or if the Commission does not accept the reasons, the beneficiary shall be deemed to have terminated this agreement improperly, and the Commission may ask full or partial repayment of amounts already paid.
Appears in 2 contracts
Sources: Grant Agreement, Grant Agreement
Termination of the Project. 14.1 The Commission may terminate the grant agreement should the beneficiary, for no valid economic or technical reason, fail to honour one of the substantive obligations under the grant agreement. For this purpose the Commission shall apply the following procedure: A first letter will be sent asking the beneficiary to comply with the abovementioned obligations. If no reply is received within two months from the date of the first letter or if the reply received is considered insufficient a second letter will be sent. In this letter the Commission will inform the beneficiary of the proposed decision based on the information available at that stage. If no reply is received within one month from the date of the second letter or if the reply received is considered insufficient a registered letter (with acknowledgement of receipt) will be sent. In this letter the Commission will notify the beneficiary of the decision taken. Any comment by/information from the beneficiary will be considered only if it is sent within one month of receipt of the registered letter at the latest. Based on any comments/information received the Commission may confirm/amend its decision. The decision will then be considered final and will be notified by registered letter. In the event of termination of the grant agreement the Commission may demand full or partial repayment of amounts already paid. Only the information available at that stage will be considered to determine the amount of eligible expenditure.
14.2 The Commission may terminate the grant agreement, without notice and without paying compensation of any kind, In case of force majeure or where the beneficiary is declared bankrupt, is wound up or is subject to any similar proceeding; If the beneficiary deliberately makes false or incomplete statements to obtain the Community financial contribution provided for in the agreement or if the beneficiary has intentionally or by negligence committed a substantial irregularity in performing the agreement or in the event of fraud, corruption or any other illegal activity on the part of the beneficiary to the detriment of the European Communities' financial interests. A substantial irregularity consists of any infringement of a provision of an agreement or regulation resulting from an act or an omission on the part of the beneficiary which causes or might cause a loss to the Community budget. If the beneficiary is found guilty of an offence involving his professional conduct by a judgment having the force of res judicata or if he is guilty of grave professional misconduct proven by any justified means;
14.3 In theses events, the Commission may demand full or partial repayment of amounts already paid under the grant agreement.
14.4 Termination of the grant agreement for financial irregularities shall be without prejudice to the application of other administrative measures or penalties which may be imposed in accordance with Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities' financial interests.
14.5 The beneficiary may terminate the project at any time by giving two months' formal written notice, provided valid economic or technical reasons exist. The beneficiary shall be under an obligation to present a technical report outlining the status of the work and the reasons for termination. The beneficiary shall present a financial report, on the basis of which the Commission will determine the amount of eligible expenditure. If no reasons are given or if the Commission does not accept the reasons, the beneficiary shall be deemed to have terminated this agreement improperly, and the Commission may ask full or partial repayment of amounts already paid.
Appears in 1 contract
Sources: Grant Agreement