Article 122. Resolution.

1. Without prejudice to the provisions of Article 121, contracting authorities may terminate a procurement contract without time limits if one or more of the following conditions occur: a) substantial modification of the contract, which requires a new procurement procedure pursuant to article 120; b) with reference to the modifications referred to in article 120, paragraph 1, letters b) and c), exceeding the thresholds referred to in paragraph 2 of the aforementioned article 120 and, with reference to the modifications referred to in article 120, paragraph 3, exceeding the thresholds referred to in the same article 120, paragraph 3, letters a) and b); c) the successful tenderer found himself, at the time of the award of the contract, in one of the situations referred to in Article 94, paragraph 1, and should therefore have been excluded from the tender procedure; d) the contract should not have been awarded in consideration of a serious violation of the obligations deriving from the treaties, as recognized by the Court of Justice of the European Union in a proceeding pursuant to Article 258 of the Treaty on the Functioning of the European Union. 2. Contracting authorities terminate a procurement contract if the contractor has: a) the revocation of the certification of qualification for having produced false documentation or false declarations; b) a definitive provision has been issued which provides for the application of one or more prevention measures referred to in the code of anti-mafia laws and the related prevention measures, referred to in the legislative decree 6 September 2011, n. 159, or a final conviction has been issued for the crimes referred to in Chapter II of Title IV of Part V of this Book. 3. The procurement contract may also be terminated for serious failure to fulfill contractual obligations by the contractor, such as to compromise the success of the services. The director of works or the director of execution, if appointed, when he ascertains a serious non-compliance pursuant to the first sentence, initiates the procedure regulated by article 10 of Annex II.14 in consultation with the contractor. At the end of the procedure, the contracting authority, upon proposal of the RUP, declares the contract terminated with a written document communicated to the contractor. 4. If, outside of the provisions of paragraph 3, the execution of the services is delayed for negligence of the contractor with respect to the provisions of the contract, the director of works or the director of execution, if appointed, assigns him a deadline which, except in cases of urgency, cannot be less than ten days, within which he must carry out performance. Once the deadline has expired and the joint verbal process has been drawn up, if the non-compliance persists, the contracting authority terminates the contract, with a written document communicated to the contractor, without prejudice to the payment of penalties. 5. In all cases of termination of the contract the contractor is entitled only to payment for the services relating to the works, services or supplies regularly performed. 6. In cases of termination of the contract referred to in paragraphs 1, letters c) and d), 2, 3 and 4, the sums referred to in paragraph 5, additional charges deriving from the termination of the contract are deducted, and at the time of final settlement of the works, services or supplies relating to the terminated contract, the burden to be borne by the contractor is also determined in relation to the greater expense incurred for the new award, if the contracting authority has not availed itself of the option provided for by article 124, paragraph 2, first sentence. 7. Annex II.14 regulates the activities delegated to the director of works and the testing or conformity verification body following the termination of the contract. 8. In cases of termination of the contract, the contractor shall arrange for the construction sites already set up to be closed and for the clearing of the work areas and related appurtenances within the deadline assigned by the station contracting; in case of non-compliance with the deadline, the contracting authority will automatically charge the contractor the related costs and expenses. As an alternative to the execution of any precautionary, possessory or emergency jurisdictional measures, however denominated, which inhibit or delay the withdrawal of the construction sites or the clearing of the work areas and related appurtenances, the contracting authority may deposit a deposit in an escrow account in favor of the contractor or provide a bank guarantee or insurance policy in the manner referred to in article 106, equal to 1 percent of the value of the contract. The contractor's right to take action for compensation for damages remains unaffected. EFFECTIVE FROM: 1 July 2023