Where the Contractor is unable to obtain any required export, re-export or transfer authorization (including customs) and to provide the requested information or documentation, Fusion for Energy shall be entitled to terminate the contract in accordance with Article II.17 (
Where the Contractor becomes liable to pay interest payments to a sub-contractor under the provisions of the contract between the Contractor and the sub-contractor or the provisions of the Late Payments of Commercial Debts (Interest) Xxx 0000, FIS will not reimburse those costs.
Where the Contractor is a trustee, the Contractor warrants that it enters this Contract personally and in its capacity as trustee has the power to perform its obligations under this Contract.
Where the Contractor becomes aware of a trend that would have a negative effect on one or more of the Framework Public Bodies, they should immediately notify the Authority to discuss pre-emptive corrective action.
Where the Contractor s application for a Functional Completion Certificate is rejected by the Owner in accordance with 19.3(a), the Contractor shall not re-apply for a Functional Completion Certificate under Section 19.2 until the Category "A" Deficiencies are remedied.
Where the Contractor disposes of the Asset it shall pay to the Department whichever is the greater either the amount of Funding provided by the Department in respect of the Asset or the net proceeds of any disposal of an Asset, or the appropriate proportion thereof, to the Department unless otherwise agreed with the Department.
Where the Contractor i. Refuses or fails to remedy a defect in performance of the Services; or
Where the Contractor is delivering an ICT solution to the Department they shall deliver solutions and services that are compliant with the HMG Security Policy Framework in conjunction with current NCSC Information Assurance Guidance and Departmental Policy. The Contractor will provide the Department with evidence of compliance for the solutions and services to be delivered. The Department’s expectation is that the Contractor shall provide written evidence of: • Any existing security assurance for the services to be delivered such as the Common Criteria (CC) and ISO 27001 or an equivalent industry level certification. • Existing HMG security accreditations or assurance that are still valid including: details of the body awarding the accreditation; the scope of the accreditation; any caveats or restrictions to the accreditation; the date awarded, plus a copy of the residual risk statement. Documented evidence of any existing security accreditation shall be required. • Documented progress in achieving any security assurance or accreditation activities including whether documentation has been produced and submitted. The Contractor shall provide details of who the awarding body or organisation will be and date expected.
Where the Contractor s actual delivery will result or has already resulted in an overpayment to the Contractor by the ESFA, the ESFA will withhold from, or deduct the amount owed from, payments due to the Contractor under the Contract for current or subsequent months or years accordingly.
Where the Contractor goes into administration or liquidation, the ESFA must be assumed to be a creditor of the Contractor. The Contractor must take steps to ensure that the ESFA is provided with details of the administrator or liquidator and receives notification of any creditors meetings. The ESFA will confirm whether in fact it is a creditor within 8 weeks of being notified that the Contractor is in administration or liquidation.
