Contract Terms and Conditions for Goods and Services

21.1

Without prejudice to any other power of termination, the Council may terminate the Contract without notice, for any of the following reasons: -

21.1.1 the breach by the Contractor of any of the following conditions: 15 (Exclusion), 16 (Fair Employment and Treatment (NI) Order 1998), 17 (Disclosure of Information) of the Contract, or any other Material Breach of contract,

21.1.2 Unsatisfactory Performance in accordance with Clause 20.

21.1.3 the Contractor ceases or proposes to cease to carry on his business,

21.1.4 there is a change of control of the type referred to in Condition 19 (Merger, Take-over or Change of Control), and the Council has not agreed in advance in writing to the particular change of control, save that in this event the Council shall give one month's notice in writing to the Contractor,

21.1.5 in accordance with Section 78, and/or Section 79 (where applicable), of the Procurement Act 2023, and provided that the requirements of Section 78(7) of the Procurement Act 2023 have been met, where:

1. the Council considers that the Contract was awarded or modified in material breach of the Procurement Act 2023 or regulations made under it; or
2. the Contractor has, since the award of the Contract is put on the debarment list or becomes an excluded supplier or excludable supplier (including by reference to an associated person) as set out in Section 57 of the Procurement Act 2023 and provided that the conditions in Sections 78(8) (where applicable) of the Procurement Act 2023 have been met; or
3. any Subcontractor has, since the award of the Contract become an excluded supplier or excludable supplier as set out in Section 57 of the Procurement Act 2023 and provided that the conditions in Section 78(3) to 78(8) of the Procurement Act 2023 have been met.

21.1.6 the Contractor fails to enter into a legally binding agreement with any Subcontractor in accordance with Section 72 of the Procurement Act 2023,

21.1.7 where any Subcontractor has, since the award of the Contract, become an excluded supplier or excludable supplier as defined in Section 57 of the Procurement Act 2023, provided that prior to exercising its right of termination, the Council has notified the Contractor of its intention to terminate this Contract and has given the Contractor reasonable opportunity to make representations and has given the Contractor a reasonable opportunity to end its Sub-Contract with the excluded or excludable Subcontractor, and if necessary, find an alternative Subcontractor.

21.1.8 Contractor, or a Subcontractor or an associated person has, in the opinion of the Council, embarrassed or brought the Council into disrepute or diminished the public trust in the Council.