HELP : Terminating Contracts earlier ?
Hi guys,
I'm new in the world of contracting.I got assignment in Belgium through a British agency (G2) and using umbrella company CXC.
I wanted to know if i can withdraw the contract before ending date.
I changed names of companies by Letters While X corresponds to recruitment agency
They state in the introduction (42 days as notice period) and here are below the clauses about Termination :
This Agreement shall automatically expire at close of business on the End Date and may be terminated prior to the End Date:
9.1.1 by "X" by notice with immediate effect if (or, for the purpose of Clause 9.1.1.7 only, by the same period of notice as "X" receives from the Client, less one day):
9.1.1.1 the Service Provider is in breach of any term of this Agreement, which is, in the reasonable opinion of "X" or the Client, incapable of being remedied; or, where such breach is in the opinion of "X" or the Client capable of being remedied, the Service Provider fails to remedy such breach to X’s and the Client's satisfaction and at no additional cost to "X" (or the Client) within 14 calendar days after an earlier notice requiring the Service Provider to do so;
9.1.1.2 the Service Provider is in breach of Clauses 2.9, 6 or 7;
9.1.1.3 without prejudice to the generality of the foregoing, the Service Provider fails to return completed signed worksheets in accordance with the provisions of Clause 2.2;
9.1.1.4 "X" shall become unable to commence, continue or completely perform its obligations under this Agreement by reason of Force Majeure affecting "X" and/or the Client and which is not within the respective control of "X" or the Client;
9.1.1.5 the Service Provider or the Consultant has in relation to this Agreement committed an act or omission of dishonesty, incompetence, negligence or inefficiency; or is, in the reasonable opinion of "X" and/or the Client, technically unsuitable; or is convicted of any indictable criminal offence (other than, where
Agreement No. 500002407 Page 12 of 15
the Services do not require the Consultant to drive, a road traffic offence for which a penalty of imprisonment is not imposed); or becomes bankrupt, applies for, or has made against it or him, a receiving order or makes any composition with its creditors or an administration order or order is made or resolution passed for the winding up of the Service Provider;
9.1.1.6 "X" receives or obtains information which gives " X " reasonable grounds to believe that the Service Provider and/or the Consultant is/are unsuitable to provide services for the Client; or, if the information indicates that the Service Provider and/or the Consultant may be unsuitable, "X" has reasonable grounds to believe that the Service Provider and/or the Consultant is/are unsuitable after "X" has made such enquiries as are reasonably practicable as to such suitability;
9.1.1.7 in accordance with Clause 10.2, a replacement consultant is not accepted by "X", or a replacement consultant is not available;
9.1.1.8 for any reason the Client terminates its corresponding agreement with "X" in relation to the provision of the Services by the Service Provider or requests that the Consultant be removed or replaced as consultant or fails to make payment to "X" in accordance with its corresponding agreement with "X", and, for the avoidance of doubt, "X" shall incur no liability for Losses in connection with any such termination;
9.1.1.9 the corresponding agreement between "X" and the Client fails to commence for whatever reason; or
9.1.1.10 the Service Provider is, for any reason, unable to fulfil its obligations under this Agreement;
9.1.2 by "X" by notice of the "X" Notice Period or (if applicable) by the Service Provider by notice of the Service Provider Notice Period.
9.2 Termination or expiry of this Agreement shall be without prejudice to the rights of "X" and/or the Client arising directly or indirectly out of the acts and/or omissions of the Service Provider and/or the Consultant prior to, in connection with or as a result of such termination or expiry.
9.3 Without prejudice to Clause 9.2 the Service Provider shall indemnify "X" from and against any Losses for which "X" may be liable under the terms of its contract(s) with the Client and which arise as a direct or indirect result of the negligence of or breach of this Agreement by the Service Provider or the Consultant.
I'm new in the world of contracting.I got assignment in Belgium through a British agency (G2) and using umbrella company CXC.
I wanted to know if i can withdraw the contract before ending date.
I changed names of companies by Letters While X corresponds to recruitment agency
They state in the introduction (42 days as notice period) and here are below the clauses about Termination :
This Agreement shall automatically expire at close of business on the End Date and may be terminated prior to the End Date:
9.1.1 by "X" by notice with immediate effect if (or, for the purpose of Clause 9.1.1.7 only, by the same period of notice as "X" receives from the Client, less one day):
9.1.1.1 the Service Provider is in breach of any term of this Agreement, which is, in the reasonable opinion of "X" or the Client, incapable of being remedied; or, where such breach is in the opinion of "X" or the Client capable of being remedied, the Service Provider fails to remedy such breach to X’s and the Client's satisfaction and at no additional cost to "X" (or the Client) within 14 calendar days after an earlier notice requiring the Service Provider to do so;
9.1.1.2 the Service Provider is in breach of Clauses 2.9, 6 or 7;
9.1.1.3 without prejudice to the generality of the foregoing, the Service Provider fails to return completed signed worksheets in accordance with the provisions of Clause 2.2;
9.1.1.4 "X" shall become unable to commence, continue or completely perform its obligations under this Agreement by reason of Force Majeure affecting "X" and/or the Client and which is not within the respective control of "X" or the Client;
9.1.1.5 the Service Provider or the Consultant has in relation to this Agreement committed an act or omission of dishonesty, incompetence, negligence or inefficiency; or is, in the reasonable opinion of "X" and/or the Client, technically unsuitable; or is convicted of any indictable criminal offence (other than, where
Agreement No. 500002407 Page 12 of 15
the Services do not require the Consultant to drive, a road traffic offence for which a penalty of imprisonment is not imposed); or becomes bankrupt, applies for, or has made against it or him, a receiving order or makes any composition with its creditors or an administration order or order is made or resolution passed for the winding up of the Service Provider;
9.1.1.6 "X" receives or obtains information which gives " X " reasonable grounds to believe that the Service Provider and/or the Consultant is/are unsuitable to provide services for the Client; or, if the information indicates that the Service Provider and/or the Consultant may be unsuitable, "X" has reasonable grounds to believe that the Service Provider and/or the Consultant is/are unsuitable after "X" has made such enquiries as are reasonably practicable as to such suitability;
9.1.1.7 in accordance with Clause 10.2, a replacement consultant is not accepted by "X", or a replacement consultant is not available;
9.1.1.8 for any reason the Client terminates its corresponding agreement with "X" in relation to the provision of the Services by the Service Provider or requests that the Consultant be removed or replaced as consultant or fails to make payment to "X" in accordance with its corresponding agreement with "X", and, for the avoidance of doubt, "X" shall incur no liability for Losses in connection with any such termination;
9.1.1.9 the corresponding agreement between "X" and the Client fails to commence for whatever reason; or
9.1.1.10 the Service Provider is, for any reason, unable to fulfil its obligations under this Agreement;
9.1.2 by "X" by notice of the "X" Notice Period or (if applicable) by the Service Provider by notice of the Service Provider Notice Period.
9.2 Termination or expiry of this Agreement shall be without prejudice to the rights of "X" and/or the Client arising directly or indirectly out of the acts and/or omissions of the Service Provider and/or the Consultant prior to, in connection with or as a result of such termination or expiry.
9.3 Without prejudice to Clause 9.2 the Service Provider shall indemnify "X" from and against any Losses for which "X" may be liable under the terms of its contract(s) with the Client and which arise as a direct or indirect result of the negligence of or breach of this Agreement by the Service Provider or the Consultant.
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