General Conditions of Contract

28. Determination

28.1   

The Council shall be entitled forthwith to terminate this Contract upon the Contractor suffering an execution to be levied on its goods (or, if the Contractor consists of one or more individuals, any such individual dying), entering into a composition or arrangement for the benefit of its creditors or having a receiving order in bankruptcy made against him or, if the Contractor consists of a body corporate, the Contractor having an administrator a receiver (including an administrative receiver) or a receiver and manager appointed or being the subject of a resolution or order for winding up (otherwise than for the purpose of amalgamation or reconstruction).

28.2   

If a party commits a material breach of the Contract and, in the case of a breach which is capable of remedy, fails to remedy such breach within 28 days of being required by the other party in writing to do so, the injured party shall be entitled to terminate the Contract with immediate effect by notice in writing to the other party and without prejudice to any rights or remedies of the parties accrued to the date of the determination of the Contract.

28.3   

In the event of termination under either Clause 28.1 or Clause 28.2 and without prejudice to any other rights and remedies:

28.3.1            

The Contractor shall unless requested otherwise by the Authorised Officer forthwith cease to provide any of the Services;

28.3.2            

The Contractor shall fully and promptly indemnify the Council against all loss and damage suffered by the Council by reason of such termination and without prejudice to the generality of this clause shall fully and promptly indemnify the Council in respect of the cost of causing to be performed such work as would have been performed by the Contractor during the remainder of the Contract Term to the extent that such costs exceed such sums as would have been lawfully payable to the Contractor for performing such work.  The Council shall be at liberty to have the Services provided by any persons (whether or not servants of the Council) as the Council shall in its absolute discretion think fit and be under no obligation to employ the least expensive method of having such Services provided.

28.3.3            

The Council shall be under no obligation to make any further payment to the Contractor and shall be entitled to retain in its hands any payment which may have fallen due to the Contractor before termination until the Contractor has paid in full to the Council all sums due from the Contractor to the Council under this Contract.

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Procurement

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