If the Contract is terminated because of a fundamental breach of Contract by the Contractor, the Engineer shall issue a certificate for the value of the work done and Materials ordered less advance payments received up to the date of the issue of the certificate and less the percentage to apply to the value of the work not completed, as indicated in the SCC. Additional Liquidated Damages shall not apply. If the total amount due to the Public Body exceeds any payment due to the Contractor, the difference shall be a debt payable to the Public Body.
If the Public Body terminates the Contract in the event specified in GCC Sub-Clause 21.2 (o) or because of a fundamental breach of Contract by the Public Body, the Engineer shall issue a certificate for the value of the work done, Materials ordered, the reasonable cost of removal of Equipment, repatriation of the Contractor’s personnel employed solely on the Works, and the Contractor’s costs of protecting and securing the Works, and less advance payments received up to the date of the certificate.
In the event the Public Body terminates the Contract pursuant to the GCC Sub-Clause 21.2 (c) termination will be without compensation to the Contractor, provided that such termination will not prejudice or affect any right of action or remedy that has accrued or will accrue thereafter to the Public Body.
Arrangements on Termination
The Public Body and the Contractor agree that termination or expiry of the Contract shall not affect either Party's obligations which the Contract provides shall survive the expiration or termination of the Contract.
All Materials on the Site, Plant, Equipment, Temporary Works, and Works shall be deemed to be the property of the Public Body if the Contract is terminated because of the Contractor’s default.
After termination or expiry all data, documents and records (whether stored electronically or otherwise) relating in whole or in part to the provided Works shall be delivered by the Contractor to the Public Body provided that the Contractor shall be entitled to keep copies thereof to the extent that the information contained therein does not relate solely to the Works or to the extent that the Contractor is required by law to maintain copies thereof or to the extent that the Contractor was possessed of such data documents and records prior to the date of the Contract. In addition, the Contractor shall co-operate fully with the Public Body during the handover leading to the termination of the Contract. This co-operation shall extend to full access to all documents, reports, summaries and any other information required to achieve an effective transition without disruption to routine operational requirements.
