## ARTICLE 34. BREACH OF CONTRACT 

## BREACH OF CONTRACT, SUSPENSION ANDTERMINATION 

34.1. Either party commits a breach of contract where it fails to discharge any of its obligations under the contract. 

34.2. Where a breach of contract occurs, the party injured by the breach shall be entitled to the following remedies: 

34.3. Damages may be: 

(a) damages; and/or 

(b) termination of the contract. 

(a) general damages; or 

(b) liquidated damages. 

34.4. In any case where the Contracting Authority is entitled to damages, it may deduct such damages from any sums due to the Consultant or call on the appropriate guarantee. 

34.5. The Contracting Authority shall be entitled to compensation for any damage which comes to light after the contract is completed in accordance with the law governing the contract. 

## ARTICLE 35. SUSPENSION OF THE CONTRACT 

35.1. Where the award procedure or performance of the contract is vitiated by substantial errors or irregularities or by suspected or proven fraud, the Contracting Authority shall suspend payments and/or execution of the contract. 

35.2. Where such errors, irregularities or fraud are attributable to the Consultant, the Contracting Authority may in addition refuse to make payments or may recover amounts already paid, in proportion to the seriousness of the errors, irregularities or fraud. The Contracting Authority may also suspend payments in cases where there are suspected or established errors, irregularities or fraud committed by the Consultant in the performance of another contract funded by the general budget of the European Union or by EDF which are likely to affect the performance of the present contract. 

35.3. The Contracting Authority may suspend the implementation of the contract when it considers such a suspension being in the interest of the project. 

## ARTICLE 36. TERMINATION BY THE CONTRACTING AUTHORITY 

36.1. This contract shall terminate automatically if it has not given rise to any payment within a period of three years after its signature by both parties. 

36.2. Termination shall be without prejudice to any other rights or powers under the contract of the Contracting Authority and the Consultant. 

36.3. In addition to the grounds for termination defined in these General Conditions, the Contracting Authority may terminate the contract after giving 7 days' notice to the Consultant in any of the following cases: 

(a) the Consultant fails to carry out the services substantially in accordance with the contract; 

(b) the Consultant fails to comply within a reasonable time with the notice given by the Project Manager requiring it to make good the neglect or failure to perform its obligations under the contract which seriously affects the proper and timely performance of the services; 

(c) the Consultant refuses or neglects to carry out administrative orders given by the Project Manager; 

(d) the Consultant assigns the contract or sub-contracts without the authorisation of the Contracting Authority; 

(e) the Consultant becomes bankrupt or 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 proceedings concerning those matters, or is in any analogous situation arising 

