The Contractor shall be entitled to terminate the Contract if:
(a) the Contractor does not receive the reasonable evidence within 42 days after
giving notice under Sub-Clause 16.1 [Contractor’s Entitlement to Suspend
Work] in respect of a failure to comply with Sub-Clause 2.4 [Employer’s
Financial Arrangements],
(b) the Engineer fails, within 56 days after receiving a Statement and supporting
documents, to issue the relevant Payment Certificate,
(c) the Contractor does not receive the amount due under an Interim Payment
Certificate within 42 days after the expiry of the time stated in Sub-Clause 14.7
[Payment] within which payment is to be made (except for deductions in
accordance with Sub-Clause 2.5 [Employer’s Claims]),
(d) the Employer substantially fails to perform his obligations under the Contract,
(e) the Employer fails to comply with Sub-Clause 1.6 [Contract Agreement] or SubClause
1.7 [Assignment],
(f) a prolonged suspension affects the whole of the Works as described in SubClause
8.11 [Prolonged Suspension], or
(g) the Employer becomes bankrupt or insolvent, goes into liquidation, has a
receiving or administration order made against him, compounds with his
creditors, or carries on business under a receiver, trustee or manager for the
Suspension and Termination by Contractor 16
16.3
Cessation of Work and
Removal of Contractor’s
Equipment
16.4
Payment on Termination
17.1
Indemnities
benefit of his creditors, or if any act is done or event occurs which (under
applicable Laws) has a similar effect to any of these acts or events.
In any of these events or circumstances, the Contractor may, upon giving 14 days’
notice to the Employer, terminate the Contract. However, in the case of subparagraph
(f) or (g), the Contractor may by notice terminate the Contract immediately.
The Contractor’s election to terminate the Contract shall not prejudice any other rights
of the Contractor, under the Contract or otherwise.