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Tender Specifications - ECHA - Europa

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I.17.5 Should the Contractor fail to notify the Agency of any change in accordance with paragraphs<br />

3 and 4 of this article, the Agency shall be entitled to terminate the Contract, in conformity with<br />

Article II.14.1(k), at the Contractor's expense. The Agency shall also be entitled to seek damages<br />

and interest thereof from the Contractor.<br />

ARTICLE I.18 - OBLIGATION OF THE CONTRACTOR IN CASE OF TERMINATION<br />

OF THE CONTRACT<br />

In case of termination of the Contract, the Contractor shall hand over the following items:<br />

(1) Where the Agency is the rightful owner of the developed software, the Contractor shall hand<br />

over the specifications, sources and documentation, including access keys.<br />

(2) Where the Agency has paid for maintenance of developed software, the Contractor shall hand<br />

over (immediately and without charge) the specifications, sources and documentation, including<br />

access keys, required by the Agency for the proper operation of the software, insofar as the<br />

Contractor has a legal right to do so.<br />

ARTICLE I.19 – SPECIFIC PROVISION ON COLLABORATION WITH OTHER<br />

PARTIES DURING THE PHASE-OUT<br />

At the end of the contractual period, and as an integral part of the services provision, the contractor<br />

shall, actively collaborate, by providing complete information and documentation on the services,<br />

with the future service provider and with the Agency, in order to minimise the costs and to<br />

guarantee the continuity of the services.<br />

ARTICLE I.20 – TERMINATION BY EITHER CONTRACTING PARTY<br />

Either contracting party may, of its own volition and without being required to pay compensation,<br />

terminate the Contract by serving a four-month formal prior notice. Should the Agency terminate<br />

the Contract, the Contractor shall only be entitled to payment corresponding to the services<br />

ordered before the termination date. On receipt of the letter terminating the Contract, the<br />

Contractor shall take all appropriate measures to minimise costs, prevent damage, and cancel or<br />

reduce his commitments. He shall draw up the documents required by the Special Conditions for<br />

the services rendered up to the date on which termination takes effect, within a period not<br />

exceeding sixty days from that date.<br />

ARTICLE I.21 – CONTRACT CONCLUDED DURING STANDSTILL PERIOD<br />

In case this Contract was signed by both the Agency and the Contractor before the expiry of 14<br />

calendar days from the day after simultaneous dispatch of information about the award decisions<br />

and decisions to reject, this Contract shall be null and void.<br />

SIGNATURES<br />

For the Contractor,<br />

[Company name/forename/surname/function]<br />

signature[s]: _______________________<br />

For the Agency,<br />

[forename/surname/function]<br />

signature[s]:_____________________<br />

Done at […………..], [date] Done at [Helsinki], [date]<br />

73

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