within the meaning of Directive U of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC shall abide by the applicable national public procurement rules. The beneficiary shall retain sole responsibility for carrying out the Project and for compliance with the provisions of the Agreement. The beneficiary shall ensure that any procurement contract contains provisions stipulating that the contractor has no rights vis-à-vis the NA under the Agreement. The beneficiary shall ensure that the conditions applicable to it under Articles II.3, II.4, II.5, II.8 and II.20 are also applicable to the contractor. - SUBCONTRACTING OF TASKS FORMING PART OF THE PROJECT A "subcontract" is a procurement contract within the meaning of Article II.9, which covers the implementation by a third party of tasks forming part of the Project as described in Annex I. The beneficiary may subcontract tasks forming part of the Project, provided that, in addition to the conditions specified in Article II.9 and the Special Conditions, the following conditions are complied with: subcontracting only covers the implementation of a limited part of the Project; recourse to subcontracting is justified having regard to the nature of the Project and what is necessary for its implementation; the estimated costs of the subcontracting are clearly identifiable in the estimated budget set out in Annex II; any recourse to subcontracting, if not provided for in Annex I, is communicated by the beneficiary and approved by the NA without prejudice to Article II.11.2; the beneficiary ensures that the conditions applicable to it under Article II.7 are also applicable to the subcontractor. - AMENDMENTS TO THE AGREEMENT Any amendment to the Agreement shall be made in writing.
In duly justified cases the beneficiary may terminate the Agreement by formally notifying the NA thereof, stating clearly the reasons and specifying the date on which the termination shall take effect. The notification shall be sent before the termination is due to take effect. If no reasons are given or if the NA considers that the reasons exposed cannot justify the termination, it shall formally notify the beneficiary, specifying the grounds thereof, and the Agreement shall be deemed to have been terminated improperly, with the consequences set out in the third subparagraph of Article II.15.3. Termination of the Agreement by the NA II.15.2.1 The NA may decide to terminate the Agreement in the following circumstances: if a change to the beneficiary’s legal, financial, technical, organisational or ownership situation is likely to affect the implementation of the Agreement substantially or calls into question the decision to award the grant; if the beneficiary does not implement the Project as specified in Annex I or fails to comply with another substantial obligation incumbent on it under the terms of the Agreement; in the event of force majeure, notified in accordance with Article II.13, or in the event of suspension by the beneficiary as a result of exceptional circumstances, notified in accordance with Article II.14, where resuming the implementation is impossible or where the necessary modifications to the Agreement would call into question the decision awarding the grant or would result in unequal treatment of applicants; if the beneficiary is declared bankrupt, is being wound up, is having its affairs administered by the courts, has entered into an arrangement with creditors, has suspended business activities, is the subject of any other similar proceedings concerning those matters, or is in an analogous situation arising from a similar procedure provided for in national legislation or regulations; if the beneficiary or any related person, as defined in the second subparagraph, have been found guilty of professional misconduct proven by any means; if the beneficiary is not in compliance with its obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which it is established or in which the Project is implemented;