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Accreditation of ICT Suppliers

the terms of the Agreement, the Contractor shall, provided that he submits a written claim which is certified by the Agency as being correct, be entitled to be paid an amount equal to the total amount of fees outstanding at the date of expiry of the notice in respect of the performance of the Services.

If the Contractor at any time fails to perform the Services to the satisfaction of the Agency and in accordance with this Agreement, the Agency may, having given the Contractor reasonable notice requiring him to remedy the default by a specified time and the default not being remedied by that time, terminate the Agreement forthwith.

15.

Recovery upon Termination

Termination or expiry of the Contract shall be without prejudice to any rights and remedies of the Consultant and the Agency accrued before such termination or expiration and nothing in the Contract shall prejudice the right of either Party to recover any amount outstanding at such termination or expiry.

At the end of the Contract Period (and howsoever arising) the Contractor shall forthwith deliver to the Agency upon request all the Agency’s Property (including but not limited to materials, documents, information, access keys) relating to the Contract in its possession or under its control or in the possession or under the control of any permitted suppliers or sub-contractors and in default of compliance with this Clause the Agency may recover possession thereof and the Contractor grants licence to the Agency or its appointed agents to enter (for the purposes of such recovery) any premises of the Contractor or its permitted suppliers or sub-contractors where any such items may be held.

The Contractor shall co-operate with the Agency and any new contractor appointed by the Client to continue or take over the performance of the Contract free of charge in order to ensure an effective handover of all work then in progress.

The provisions of this Condition shall survive the continuance of this Contract and indefinitely after its termination.

16.

Insolvency of the Contractor

The Agency may at any time by notice in writing summarily determine the Agreement in any of the following events:

If the Contractor, being an individual, or where the Contractor is a firm any partner in that firm at any time becomes bankrupt, or has a receiving order or administration order made against him or makes any composition or arrangement with or for the benefit of his creditors, or purports to do so, or where any applications are made under the Insolvency Act 1986 for sequestration of his estate, or a trust deed granted by him on behalf of his creditors; or

If the Contractor being a company, passes a resolution, or the Court makes an order, that the company be wound up otherwise than for the purpose of reconstruction or amalgamation, or if a receiver or manager on behalf of a creditor shall be appointed, or if circumstances shall arise which entitle the Court or a creditor to appoint a receiver or manager otherwise than for the purposes of amalgamation or reconstruction to make a winding up order.

Provided always that such determination shall not prejudice or affect any right of action or remedy which shall have accrued or shall accrue thereafter to the Agency.

17.

Intellectual Property

The following provisions shall apply to the project:

1.

The Intellectual Property Rights created by the Applicant under the Project will be the property

of the Agency, but subject always to the following:

a)

The Agency will offer a non-exclusive, indefinite, royalty free licence in respect of Intellectual Property Rights to the Applicant;

b)

The Agency will give the Applicant a minimum of 12 months notice of any intent to withdraw or vary this license.

Advantage West Midlands Form ADV-09 Issue 02INVITATION TO TENDERPage 14 of 35

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