34.3. Notwithstanding the issue of the final acceptance certificate, the contractor and the contracting authority shall remain liable for the fulfilment of any obligation incurred under the contract prior to the issue of the final acceptance certificate which remains unperformed at the time that final acceptance certificate is issued. The nature and extent of any such obligation shall be determined by reference to the provisions of the contract. 

## Article 35 - Breach of contract 

## BREACH OF CONTRACT AND TERMINATION 

35.1. Either party commits a breach of contract where it fails to perform its obligations in accordance with the provisions of the contract. 

35.2. Where a breach of contract occurs, the party injured by the breach is entitled to the following remedies: 

35.3. Damages may be either: 

a) damages; and/or 

b) termination of the contract. 

a) general damages; or 

b) liquidated damages. 

35.4. Should the contractor fail to perform any of its obligations in accordance with the provisions of the contract, the contracting authority is without prejudice to its right under Article 35.2, also entitled to the following remedies: 

a) suspension of payments; and/or 

b) reduction or recovery of payments in proportion to the failure's extent. 

35.5. Where the contracting authority is entitled to damages, it may deduct such damages from any sums due to the contractor or call on the appropriate guarantee. 

35.6. 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 36 - Termination by the contracting authority 

36.1. The contracting authority may, at any time and with immediate effect, subject to Article 36.9, terminate the contract, except as provided for under Article 36.2. 

36.2. Subject to any other provision of these general conditions, the contracting authority may, by giving seven day notice to the contractor, terminate the contract in any of the following cases where: 

a) the contractor is in serious breach of contract for failure to perform its contractual obligations; 

b) the contractor 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 implementation of the tasks; 

