Contract violations and termination.

CFR · 2024-01-01 · US · Title 7

(a) NRCS may terminate a contract: (1) Without the consent of the participant where NRCS determines that the participant— (i) Violated the contract; or (ii) Is unable to comply with the terms of the contract as the result of conditions beyond their control. (2) With the consent of the participant if NRCS determines that the termination is in the public interest. NRCS will not assess liquidated damages for contracts terminated under this basis. (b) When NRCS terminates a contract in accordance with paragraph (a) of this section, NRCS may allow a participant to retain payments already received based on— (1) The level of effort the participant has made to comply with the contract. NRCS may require a participant to provide only a partial refund of the payments received if a previously installed conservation activity has achieved the expected conservation performance improvement, is not adversely affected by any contract violation or the absence of other conservation activities that would have been installed under the contract, and has met the associated operation and maintenance requirement of the activity; or (2) Hardship situations where circumstances beyond the participant's control prevented the participant from complying with the contract. Any hardship affecting the participant's ability to comply with the contract must not have existed at the time the contract was executed by the participant. Participants may submit a written request to NRCS, along with additional supportin

official document · source cfr-2024 · id 7:§ 1470.27