Article 11
Suspension of This Agreement
11.1 The Agreement may be suspended in the following cases:
- Each Party may suspend the implementation of this Agreement if one of the other Parties breaches an obligation under this Agreement.
- Each Party may suspend this Agreement in case of breach by one of the other Parties of an international legal obligation relating to respect for human rights, democratic principles and the rule of law and in serious cases of corruption as defined in Article 18.3 of Annex I (General Conditions).
- This Agreement may be suspended in cases of force majeure, as defined below.
"Force majeure" shall mean any unforeseeable and exceptional situation or event beyond the Parties' control which prevents either of them from fulfilling any of their obligations, not attributable to error or negligence on their part (or the part of their contractors, agents or employees) and proves insurmountable in spite of all due diligence. Defects in equipment or material or delays in making them available, labour disputes, strikes or financial difficulties cannot be invoked as force majeure. A Party faced with force majeure shall inform the other Parties without delay, stating the nature, probable duration and foreseeable effects of the problem, and take any measure to minimise possible damage.
- None of the Parties shall be held liable for breach of its obligations under this Agreement if it is prevented from fulfilling them by force majeure, provided that it takes measures to minimise any possible damage and that the other Parties are duly informed.
11.2 Each Party may take any appropriate precautionary measure before suspension takes place.
11.3 When the suspension is notified, the consequences for the ongoing procurement and grant contracts and for such contracts to be signed shall be indicated.
11.4 Irrespective of the Parties' right to suspend the Agreement, each Party that co-finances the Programme may suspend all or part of their payments in duly justified cases after having given the Managing Authority the opportunity to present its observations.
11.5 Each Party shall resume the implementation of the Agreement once the conditions allow with prior mutual written approval. This is without prejudice to any amendments to this Agreement which may be necessary to adapt the action to the new implementing conditions, including, if possible, the extension of the implementation period, or the termination of this Agreement in accordance with Article 12 of this Agreement (Special Conditions).
<< Article 10 Amendment of This Agreement |
>> Article 12 Termination of this Agreement |
|
Agreement on Financing and Implementation of Cross Border Cooperation Programme "Russia - Estonia" 2014-2020 |