Article 123. Withdrawal.

1. Without prejudice to the provisions of articles 88, paragraph 4-ter and 92, paragraph 4, of the code of anti-mafia laws and prevention measures, referred to in legislative decree 6 September 2011, n. 159, the contracting authority may withdraw from the contract at any time as long as it indemnifies the contractor by paying for the works carried out or the services relating to the services and supplies carried out as well as the value of the useful materials existing on the construction site in the case of works or in the warehouse in the case of services or supplies, in addition to one tenth of the amount of the works, services or supplies not performed, calculated in accordance with the provisions of Annex II.14. 2. The exercise of the right of withdrawal is expressed by the contracting authority through a formal communication to the contractor to be given in writing with a notice of no less than twenty days, after which the contracting authority takes delivery of the works, services or supplies and carries out the definitive testing or verifies the regularity of the services and supplies. 3. Annex II.14 regulates the reimbursement of materials, the right of retention of the contracting authority and the removal and clearing obligations of the contractor. EFFECTIVE FROM: July 1, 2023