PUBLIC POLICY WHICH WAS NOT PROVED CORRECT; OR
CAUSED BY THE AUTHORITY FAILING TO REIMBURSE THE
CONTRACTOR FOR ALLOWABLE COSTS OR TRADING COSTS PURSUANT TO CLAUSES 6.11 AND
6A.11 ABOVE (REIMBURSEMENT).
12.2.3
Revocation of licence
ANY REVOCATION OF THE NUCLEAR SITE LICENCE, ANY
ENVIRONMENTAL AGENCY OR SCOTTISH ENVIRONMENT PROTECTION AGENCY (AS APPLICABLE)
LICENCE, AUTHORISATION, PERMIT OR CONSENT OR ANY OTHER MATERIAL LICENCE OR
PERMIT HELD BY THE CONTRACTOR THE POSSESSION OF WHICH IS NECESSARY TO ENABLE THE
CONTRACTOR TO OPERATE THE SITE; OR
UPON RECEIPT OF NOTICE BY THE CONTRACTOR OF THE
HSE'S (OR OTHER RELEVANT BODY'S) INTENTION TO REVOKE SUCH LICENCE OR PERMIT
WHERE THE CONTRACTOR HAS NO ABILITY TO APPEAL, CHALLENGE OR DISCHARGE ANY SUCH
INTENTION TO REVOKE;
.
IN EITHER CASE WHERE SUCH REVOCATION OR THREATENED
REVOCATION IS NOT FOR THE SOLE PURPOSE OF ISSUING A REPLACEMENT LICENCE TO THE
CONTRACTOR.
12.2.4
Parent Body Agreement
A MATERIAL OR PERSISTENT BREACH BY THE CONTRACTOR OR THE PARENT BODY
ORGANISATION OF THE PARENT BODY AGREEMENT OR UPON THE PARENT BODY AGREEMENT
CEASING TO BE VALID AND BINDING ON THE PARENT BODY ORGANISATION.
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12.3
Termination for Persistent Breach
12.3.1
For the purposes of this Clause 12.3 (Termination for
Persistent Breach), "Breach of the Same Type" means the recurrence of any of the
events specified in Clause 12.2.1, whether or not each occurrence was in itself
of a material nature.
12.3.2
Except where the occurrence is caused by the Authority
failing to reimburse the Contractor for Allowable Costs or Trading Costs
pursuant to Clauses 6.11 and 6A.11 (Reimbursement) if any of:
(I) A BREACH OF THE SAME TYPE; OR
(II) A FAILURE TO PAY CREDITORS PURSUANT TO ITS OBLIGATIONS UNDER CLAUSES
(A) AND 6A.; OR
(III) A FAILURE TO PROTECT THE SUPPLY CHAIN; OR
(IV) A FAILURE TO COMPLY WITH CLAUSE 2.2.5 (STANDARD OF PERFORMANCE).
HAS OCCURRED MORE THAN 2 TIMES IN ANY 3 MONTH
PERIOD OR THE AUTHORITY (ACTING REASONABLY) BELIEVES THAT THE CONTRACTOR IS
DEMONSTRATING A PATTERN OF BEHAVIOUR WHICH IS REASONABLY LIKELY TO LEAD TO A
CONTRACTOR DEFAULT, THEN THE AUTHORITY MAY SERVE A NOTICE ON THE CONTRACTOR;
SPECIFYING THAT IT IS A FORMAL WARNING NOTICE
("PERFORMANCE WARNING NOTICE") GIVING REASONABLE DETAILS OF THE BREACH
SPECIFYING THE AUTHORITY'S CONCERNS; AND
STATING THAT SUCH BREACH IS A BREACH WHICH, IF IT
RECURS FREQUENTLY OR CONTINUES, MAY RESULT IN A TERMINATION OF THIS CONTRACT, OR
REQUIRING THE CONTRACTOR TO TAKE STEPS TO ADDRESS THOSE CONCERNS BY A SPECIFIED
DATE.
12.3.3
If, following service of such a Performance Warning
Notice, the breach specified has continued beyond the specified date or recurred
one or more times within the 6 month period after the date of service, then the
Authority may serve another notice on the Contractor ("Final Performance Warning
Notice"):
SPECIFYING THAT IT IS THE FINAL WARNING NOTICE;
STATING THAT THE BREACH SPECIFIED HAS BEEN THE
SUBJECT OF A PERFORMANCE WARNING NOTICE SERVED WITHIN THE SIX (6) MONTH PERIOD
PRIOR TO THE