Common use of Termination of the Trial Clause in Contracts

Termination of the Trial. 8.1 The Government may terminate the Trial under the following circumstances: (a) The Recipient fails to commence the Trial within two (2) months from the Commencement Date of the Trial as stipulated in Schedule 1 to this Agreement; (b) the Recipient is found to have applied for and/or received before or during the trial period of the Trial as stipulated in Schedule 1 to this Agreement any other subsidy (except the tax incentive from incentive schemes to encourage the use of electric vehicles and environment-friendly vehicles) from the Government, public bodies or charitable organizations in relation to the Subsidized Product which is purchased with the provision of the Subsidy in accordance with this Agreement, in breach of Clause 7 of this Agreement; (c) the Recipient, its director, staff or its agent is prosecuted under the Prevention of Bribery Ordinance (Cap. 201) in respect of the purchase of a Subsidized Product or the Trial of a Subsidized Product which is purchased with the provision of the Subsidy in accordance with this Agreement. 8.2 The Government may (but is not obliged to) serve a notice to the Recipient to require the Recipient to remedy the failure and/or breach (if such failure/breach is rectifiable) as stipulated in Clause 8.1 of this Agreement within the timeframe as stated in the notice. If the Recipient fails to remedy the failure and/or breach as stipulated in Clause 8.1 of this Agreement within the timeframe specified in the notice, the Government may exercise its right to terminate this Agreement immediately and the Government shall be entitled to cease to pay any unpaid portions of the Subsidy to the Recipient immediately and the Government shall be entitled to require the Recipient to forthwith return to the Government all the Subsidy it has already received.

Appears in 3 contracts

Sources: Subsidy Agreement, Subsidy Agreement, Subsidy Agreement

Termination of the Trial. 8.1 The Government may terminate the Trial under the following circumstancesconditions: (a) The Recipient fails to commence the Trial within two (2) months from the Commencement Date of the Trial as stipulated provided in Schedule 1 to this Agreement1; (b) the Recipient is found to have applied for and/or received before or during the trial period of the Trial as stipulated in Schedule 1 to this Agreement any other subsidy (except the subsidy from the incentive scheme for replacing Euro II diesel commercial vehicles and the tax incentive from incentive schemes to encourage the use of electric vehicles and environment-friendly vehicles) from the Government, public bodies or charitable organizations in relation to the Subsidized Product which is purchased with the provision of the Subsidy in accordance with this Agreement, in breach of Clause 7 of this Agreement; (c) the Recipient breaches any terms and conditions of this Agreement; or (d) the Recipient, its director, staff or its agent is prosecuted suffers prosecution under the Prevention of Bribery Ordinance (Cap. 201) in respect of the purchase of a Subsidized Product or the Trial of a Subsidized Product which is purchased with the provision of the Subsidy in accordance with this Agreement. 8.2 The Government may (but is not obliged to) serve a notice to the Recipient to require the Recipient to remedy the failure and/or breach (if such failure/breach is rectifiable) as stipulated provided in Clause 8.1 of this Agreement within the timeframe as stated in the notice. If the Recipient fails to remedy the failure and/or breach as stipulated provided in Clause 8.1 of this Agreement within the timeframe specified in the notice, the Government may exercise its right to terminate the Trial. If the Government exercises its right to terminate the Trial, this Agreement shall be terminated immediately and the Government shall be entitled to cease to pay any unpaid portions of the Subsidy to the Recipient immediately and the Government shall be entitled to require the Recipient to forthwith return refund to the Government all the Subsidy it has already receivedpaid to the Recipient.

Appears in 2 contracts

Sources: Subsidy Agreement, Subsidy Agreement

Termination of the Trial. 8.1 The Government may terminate the Trial under the following circumstances: (a) The Recipient fails to commence the Trial within two (2) months from the Commencement Date of the Trial as stipulated in Schedule 1 to this Agreement; (b) The Recipient is found to have sold or assigned the Subsidized Product(s) which is (are) purchased with the provision of the Subsidy in accordance with this Agreement before the completion of the trial period of the Trial without the written consent of the Government, in breach of Clause 6 of this Agreement; (c) the Recipient is found to have applied for and/or received before or during the trial period of the Trial as stipulated in Schedule 1 to this Agreement any other subsidy (except the tax incentive from incentive schemes to encourage the use of electric vehicles and environment-friendly vehicles) from the Government, public bodies or charitable organizations in relation to the Subsidized Product which is purchased with the provision of the Subsidy in accordance with this Agreement, in breach of Clause 7 of this Agreement; (cd) the Recipient, its director, staff or its agent is prosecuted under the Prevention of Bribery Ordinance (Cap. 201) in respect of the purchase of a Subsidized Product or the Trial of a Subsidized Product which is purchased with the provision of the Subsidy in accordance with this Agreement. 8.2 The Government may (but is not obliged to) serve a notice to the Recipient to require the Recipient to remedy the failure and/or breach as stipulated in Clause 8.1 of this Agreement (if such failure/breach is rectifiable) as stipulated in Clause 8.1 of this Agreement within the timeframe as stated in the notice. If the Recipient fails to remedy the rectifiable failure and/or breach as stipulated in Clause 8.1 of this Agreement within the timeframe specified in the notice, the Government may exercise its right to terminate this Agreement immediately and the Government shall be entitled to cease to pay any unpaid portions of the Subsidy to the Recipient immediately and the Government shall be entitled to require the Recipient to forthwith return to the Government all the Subsidy it has already received.

Appears in 2 contracts

Sources: Subsidy Agreement, Subsidy Agreement

Termination of the Trial. 8.1 The Government may terminate the Trial under the following circumstances: (a) The the Recipient fails to commence the Trial within two (2) months from the Commencement Date of the Trial as stipulated in Schedule 1 to this Agreement1; (b) the Recipient is found to have applied for and/or received before or during the trial period of the Trial as stipulated in Schedule 1 to this Agreement Period any other subsidy (except the subsidy from the tax incentive from incentive schemes to encourage the use of electric vehicles and environment-friendly vehiclesElectric Public Light Buses) from the Government, public bodies or charitable organizations in relation to the Subsidized Product which is purchased with the provision of the Subsidy in accordance with this Agreement; (c) The Recipient is found to have sold or assigned the Subsidized Product(s) which is (are) purchased with the provision of the Subsidy in accordance with this Agreement before the end of the Trial Period without the prior written consent of the Government, in breach of Clause 7 6 of this Agreement; (cd) the RecipientRecipient or any of its directors, its directorofficers, staff employees or its agent agents is prosecuted under the Prevention of Bribery Ordinance (Cap. 201Chapter 201 of the Laws of Hong Kong) in respect of connection with the purchase of a Subsidized Product or the Trial of a Subsidized Product which is purchased with the provision of the Subsidy in accordance with this Agreement; (e) the Recipient has engaged or is engaging in acts or activities that are likely to constitute or cause the occurrence of offences endangering national security or which would otherwise be contrary to the interest of national security; (f) the continued engagement of the Recipient or the continued implementation of the Trial is contrary to the interest of national security; or (g) the Government reasonably believes that any of the events mentioned in Clause 8.1(e) or Clause 8.1(f) above is about to occur. 8.2 The Government may (but is not obliged to) serve a notice to the Recipient to require the Recipient to remedy the failure and/or breach (if such failure/breach is rectifiable) as stipulated in Clause 8.1 of this Agreement within the timeframe as stated in the notice. If the Recipient fails to remedy the failure and/or breach as stipulated in Clause 8.1 of this Agreement within the timeframe specified in the notice, the Government may exercise its right to terminate this Agreement immediately and the Government shall be entitled to cease to pay any unpaid portions of the Subsidy to the Recipient immediately and immediately. In such circumstances, the Government shall be entitled to require the Recipient to forthwith return to the Government all the Subsidy it the Recipient has already received.

Appears in 2 contracts

Sources: Subsidy Agreement, Subsidy Agreement

Termination of the Trial. 8.1 The Government may terminate the Trial under the following circumstancesconditions: (a) The Recipient fails to commence the Trial within two (2) months from the Commencement Date of the Trial as stipulated provided in Schedule 1 to this Agreement1; (b) the Recipient is found to have applied for and/or received before or during the trial period of the Trial as stipulated in Schedule 1 to this Agreement any other subsidy (except the subsidy from the incentive scheme for replacing Euro II diesel commercial vehicles and the tax incentive from incentive schemes to encourage the use of electric vehicles and environment-friendly vehicles) from the Government, public bodies or charitable organizations in relation to the Subsidized Product which is purchased with the provision of the Subsidy in accordance with this Agreement, in breach of Clause 7 of this Agreement; (c) the Recipient breaches any terms and conditions of this Agreement; or (d) the Recipient, its director, staff or its agent is prosecuted suffers prosecution under the Prevention of Bribery Ordinance (Cap. 201) in respect of the purchase of a Subsidized Product or the Trial of a Subsidized Product which is purchased with the provision of the Subsidy in accordance with this Agreement. 8.2 The Government may (but is not obliged to) serve a notice to the Recipient to require the Recipient to remedy the failure and/or breach (if such failure/breach is rectifiable) as stipulated provided in Clause 8.1 of this Agreement within the timeframe as stated in the notice. If the Recipient fails to remedy the failure and/or breach as stipulated provided in Clause 8.1 of this Agreement within the timeframe specified in the notice, the Government may exercise its right to terminate the Trial. If the Government exercises its right to terminate the Trial, this Agreement shall be terminated immediately and the Government shall be entitled to cease to pay any unpaid portions of the Subsidy to the Recipient immediately and the Government shall be entitled to require the Recipient to forthwith return refund to the Government all the Subsidy it has already receivedpaid to the Recipient.

Appears in 2 contracts

Sources: Subsidy Agreement, Subsidy Agreement

Termination of the Trial. 8.1 The Government may terminate the Trial under the following circumstances: (a) The Recipient fails to commence the Trial within two (2) months from the Commencement Date of the Trial as stipulated in Schedule 1 to this Agreement; (b) The Recipient is found to have sold or assigned the Subsidised Product(s) which is (are) purchased with the provision of the Subsidy in accordance with this Agreement before the completion of the trial period of the Trial without the written consent of the Government, in breach of Clause 6 of this Agreement; (c) the Recipient is found to have applied for and/or received before or during the trial period of the Trial as stipulated in Schedule 1 to this Agreement any other subsidy (except the tax incentive from incentive schemes to encourage the use of electric vehicles and environment-friendly vehicles) from the Government, public bodies or charitable organizations organisations in relation to the Subsidized Subsidised Product which is purchased with the provision of the Subsidy in accordance with this Agreement, in breach of Clause 7 of this Agreement; (cd) the Recipient, its director, staff or its agent is prosecuted under the Prevention of Bribery Ordinance (Cap. 201) in respect of the purchase of a Subsidized Subsidised Product or the Trial of a Subsidized Subsidised Product which is purchased with the provision of the Subsidy in accordance with this Agreement. 8.2 The Government may (but is not obliged to) serve a notice to the Recipient to require the Recipient to remedy the failure and/or breach as stipulated in Clause 8.1 of this Agreement (if such failure/breach is rectifiable) as stipulated in Clause 8.1 of this Agreement within the timeframe as stated in the notice. If the Recipient fails to remedy the rectifiable failure and/or breach as stipulated in Clause 8.1 of this Agreement within the timeframe specified in the notice, the Government may exercise its right to terminate this Agreement immediately and the Government shall be entitled to cease to pay any unpaid portions of the Subsidy to the Recipient immediately and the Government shall be entitled to require the Recipient to forthwith return to the Government all the Subsidy it has already received.

Appears in 1 contract

Sources: Subsidy Agreement

Termination of the Trial. 8.1 The Government may forthwith terminate the Trial under the following circumstances: (a) The Recipient fails to purchase the Subsidised Product(s) within three (3) months of the execution of this Agreement by the Government and the Recipient and/or fails to commence the Trial within two (2) months from on the Commencement Date of the Trial as stipulated in Schedule 1 to this Agreement; (b) The Recipient is found to have sold or assigned the Subsidised Product(s) which is (are) purchased with the provision of the Subsidy in accordance with this Agreement before the completion of the trial period of the Trial as stipulated in Schedule 1 to this Agreement without the written consent of the Government, in breach of Clause 6 of this Agreement; (c) the Recipient is found to have applied for and/or received before or during the trial period of the Trial as stipulated in Schedule 1 to this Agreement any other subsidy (except the tax incentive from incentive schemes to encourage the use of electric vehicles and environment-friendly vehicles) from the Government, public bodies or charitable organizations organisations in relation to the Subsidized Product Subsidised Product(s) which is (are) purchased with the provision of the Subsidy in accordance with this Agreement, in breach of Clause 7 of this Agreement; (cd) the Recipient, its director, staff or its agent is prosecuted under the Prevention of Bribery Ordinance (Cap. 201) in respect of the purchase of a Subsidized Subsidised Product or the Trial of a Subsidized Subsidised Product which is purchased with the provision of the Subsidy in accordance with this Agreement. 8.2 The Government may (but is not obliged to) serve a notice to the Recipient to require the Recipient to remedy the failure and/or breach as stipulated in Clause 8.1 of this Agreement (if such failure/breach is rectifiable) as stipulated in Clause 8.1 of this Agreement within the timeframe as stated specified in the notice. If the Recipient fails to remedy the such rectifiable failure and/or breach as stipulated in Clause 8.1 of this Agreement within the timeframe specified in the notice, the Government may exercise its right to terminate this Agreement immediately and the Government shall be entitled to cease to pay any unpaid portions of the Subsidy to the Recipient immediately and the Government shall be entitled to require the Recipient to forthwith return to the Government all the Subsidy it has already received.

Appears in 1 contract

Sources: Subsidy Agreement