Common use of Termination by SIM Clause in Contracts

Termination by SIM. SIM by a decision of its board of directors may terminate this Agreement, any particular Project or the participation of one or more Partners in this Agreement in the following cases: (a) where a Partner involved in a specific Project would not have signed the Project Agreement within four (4) months from the approval of the Project by SIM and FIO (b) in case of non-performance or poor performance of the work under any Project or a substantial breach of obligations under this Agreement or a Project Agreement that is not remedied within forty-five (45) days notice or that is not capable of remedy (c) where the Partner infringes a provision of the applicable law or breaches an obligation resulting from an act or omission by a Partner which has, or would have, the effect of prejudicing the SIM reserved budget through unjustified expenditure (d) where the required reports are not submitted or SIM disapproves the reports submitted (e) for major technical or economic reasons substantially adversely affecting the completion of the whole Program or one or more Projects or the potential use of the Foreground (f) where a Partner is found guilty of an offence involving its professional conduct by a judgment having the force of res judicata or if it is guilty of grave professional misconduct proven by any justified means (g) in case of force majeure, where any reactivation of the Program or the Project in question after suspension is impossible (h) where the conditions for participation in the Program or any particular Project established by SIM for the Program or the particular Project are no longer satisfied (i) where further to the termination of the participation of one or more Partners, the Partners do not propose to SIM the necessary modifications for the continuation of the Projects affected by the termination including the reallocation of task of the Partner whose participation is terminated within the time limit determined by SIM, or where SIM does not accept the proposed modifications (j) where for more than two (2) years a Research Institution has not been participating in any Project nor is a party to a new project proposal introduced at the Program Steering Committee for submission to SIM, SIM will terminate that Research Institution’s participation in the Program. Any termination of a Project by SIM will be aligned with the termination of the Project by FIO under the FIO Agreement(s). Termination of the participation of a Partner at SIM’s initiative shall be notified to the Partner concerned, with a copy to the Project Leaders of the Projects affected and shall take effect on the date indicated in the notification. In the case of termination of this Agreement, all Partners shall be notified.

Termination by SIM. SIM by a decision of its board of directors may terminate this Agreement, any particular Project or the participation of one or more Partners in this Agreement in the following cases: (a) where a Partner involved in a specific Project would not have signed the Project Agreement within four (4) months from the approval of the Project by SIM and FIOIWT; (b) in case of non-performance or poor performance of the work under any Project or a substantial breach of obligations under this Agreement or a Project Agreement that is not remedied within forty-five (45) days notice or that is not capable of remedy; (c) where the Partner infringes a provision of the applicable law or breaches an obligation resulting from an act or omission by a Partner Research Institution which has, or would have, the effect of prejudicing the SIM reserved budget through unjustified expenditure; (d) where the required reports are not submitted or SIM disapproves the reports submitted; (e) for major technical or economic reasons substantially adversely affecting the completion of the whole Program or one or more Projects or the potential use of the Foreground; (f) where a Partner is found guilty of an offence involving its professional conduct by a judgment having the force of res judicata or if it is guilty of grave professional misconduct proven by any justified means; (g) in case of force majeuremajeure notified in conformity with ▇▇▇▇▇▇▇▇▇.3, where any reactivation of the Program or the Project in question after suspension is impossible; (h) where the conditions for participation in the Program or any particular Project established by SIM for the Program or the particular Project are no longer satisfied; (i) where further to the termination of the participation of one or more Partners, the Partners do not propose to SIM the necessary modifications for the continuation of the Projects affected by the termination including the reallocation of task of the Partner whose participation is terminated within the time limit determined by SIM, or where SIM does not accept the proposed modifications; and (j) where for more if less than two (2) years a Research Institution has not been participating in any Project nor is a party vertical programs are linked to a new project proposal introduced at the Program Steering Committee for submission to SIM, SIM will terminate that Research Institution’s participation in the Program. Any termination of a Project by SIM will be aligned with the termination of the Project by FIO under the FIO Agreement(s). Termination of the participation of a Partner at SIM’s initiative shall be notified to the Partner concerned, with a copy to the Project Leaders of the Projects affected and shall take effect on the date indicated in the notification. In the case of termination of this Agreement, all Partners shall be notified.

Termination by SIM. SIM by a decision of its board of directors may terminate this Grant Agreement, any particular Project or the participation of one or more Partners Program Parties in this the Grant Agreement in the following cases: (a) where a Partner Program Party would not have signed the Program Framework Agreement within sixty (60) days from the Effective Date; (b) where a Program Party involved in a specific Project would not have signed the Project Agreement within four (4) months from the approval of the Project by SIM and FIOSIM; (bc) in case of non-performance or poor performance of the work under any Project or a substantial breach of obligations under this Grant Agreement, the Program Framework Agreement or a Project Agreement that is not remedied within forty-five (45) days notice or that is not capable of remedy; (cd) where the Partner Program Party infringes a provision of the applicable law or breaches an obligation resulting from an act or omission by a Partner Program Party which has, or would have, the effect of prejudicing the SIM reserved budget through unjustified expenditure; (de) where the required reports are not submitted or SIM disapproves the reports submitted; (ef) for major technical or economic reasons substantially adversely affecting the completion of the whole Program or one or more Projects or the potential use of the Foreground; (fg) where a Partner legal, financial, organisational or technical change or change of control of a Program Party calls into question the decision of SIM to accept its participation; (h) where a Program Party is declared bankrupt or is being wound up; (i) where a Program Party is found guilty of an offence involving its professional conduct by a judgment having the force of res judicata or if it is guilty of grave professional misconduct proven by any justified means; (gj) in case of force majeuremajeure notified in conformity with article 13.1, where any reactivation of the Program or the Project in question after suspension is impossible; (hk) where the conditions for participation in the Program or any particular Project established by SIM for the SIBO Program or the particular Project are no longer satisfied; and (il) where further to the termination of the participation of one or more PartnersProgram Parties, the Partners do Consortium does not propose to SIM an amendments to the Grant Agreement and/or the relevant Project Agreements with the necessary modifications for the continuation of the Program or the Projects affected by the termination including the reallocation of task of the Partner Program Party whose participation is terminated within the time limit determined by SIM, or where SIM does not accept the proposed modifications (j) where for more than two (2) years a Research Institution has not been participating in any Project nor is a party to a new project proposal introduced at the Program Steering Committee for submission to SIM, SIM will terminate that Research Institution’s participation in the Program. Any termination of a Project by SIM will be aligned with the termination of the Project by FIO under the FIO Agreement(s). Termination of the participation of a Partner Program Party at SIM’s initiative shall be notified to the Partner Program Party concerned, with a copy to the Project Leaders of the Projects affected Coordinator and shall take effect on the date indicated in the notification. In the case of termination of this the Grant Agreement, all Partners the Coordinator shall be notified.