Amendment, Termination and Renewal Clause Samples
The "Amendment, Termination and Renewal" clause defines the procedures and conditions under which a contract can be changed, ended, or extended. Typically, this clause outlines the requirements for making amendments, such as needing written agreement from all parties, specifies how and when the contract may be terminated by either party, and details the process for renewing the agreement, including any notice periods or renewal terms. Its core practical function is to provide a clear framework for managing changes to the contractual relationship, thereby reducing uncertainty and potential disputes over how the contract can be modified, ended, or continued.
Amendment, Termination and Renewal. 4.2.1 The agreement shall not bind, nor purport to bind, the Department for any commitment in excess of the original agreement period.
4.2.2 Any change to the agreement, whether by modification and/or supplementation, shall be accomplished by a formal, written agreement amendment. Oral agreements or agreements confirmed by e-mail or otherwise to modify the agreement shall not be enforceable.
4.2.3 The Department shall have the right, at its sole option, to renew the agreement by written notice to the provider. In the event the Department exercises its renewal option, all terms, conditions and provisions of the original agreement and any subsequent amendments shall remain in effect and shall apply during the renewal period.
4.2.4 The Department reserves the right to terminate the agreement with cause immediately upon notice from the Department, without penalty or termination costs. The licensed child care provider may request an administrative review of the decision to terminate the agreement within ten (10) calendar days of notification. The reasons for immediate termination by the Department may include, but not be limited to, the following events:
a. Provider employs individuals or allows volunteers to work within the child care facility who have a substantiated Child Abuse or Neglect report;
b. Provider committed an intentional violation which is the receipt of any benefit through the wrongful acquisition or issuance of Child Care Subsidy payment for child care services by the Department through false representation or concealment of material facts by the participant, eligibility unit, child care provider or any other representatives.
c. Provider failed to report child abuse and neglect;
d. Provider employs individuals or allows volunteers who are not mentally, emotionally, or physically fit to care for children as determined by a medical professional or mental health professional;
e. Provider employs individuals or allows volunteers who are not legally allowed in the presence of children;
f. Provider failed to cooperate in a Welfare Investigative Unit investigation, Child Abuse and Neglect investigation or assessment, compliance review, or audit; or
g. DHSS/SCCR takes action to immediately suspend or revoke the provider’s child care license;
h. Provider failed to disclose all employees or volunteers subject to a check of the Family Care Safety Registry or Criminal Background Screening, as applicable;
i. Health and safety issues exist, as determined on ...
Amendment, Termination and Renewal. 4.2.1 The contract shall not bind, nor purport to bind, the Department for any commitment in excess of the original contract period.
4.2.2 Funding for the contract must be appropriated by the Missouri General Assembly for each fiscal year included within the contract period. Therefore, the contract shall not be binding upon the Department for any period in which funds have not been appropriated, and the Department shall not be liable for any costs associated with termination caused by lack of appropriations.
a. The Department reserves the right to terminate the contract, without penalty or termination costs, if such funds are not appropriated or available.
b. In the event funds are not appropriated or available for the contract, the contractor shall not prohibit or limit the Department's right to pursue alternate contracts, as necessary, to conduct state governmental affairs.
c. The provisions of the above paragraphs shall apply to any amendment to the contract.
4.2.3 Any change to the contract shall require a formal, written contract amendment executed by both parties. This contract shall not be amendable by implication by course of dealing or by informal agreements between the parties confirmed by letter, e-mail or otherwise.
4.2.4 The Department shall have the right, with the consent of the contractor, to renew or extend the contract. In the event the contract is renewed or extended, all terms, conditions and provisions of the original contract and any subsequent amendments shall remain in effect and shall apply during the renewal/extension period.
4.2.5 The contract may be terminated by either party, by giving thirty (30) days advance written notice to the other party at its principal address. The termination shall be effective thirty (30) days from the date of notice or the date specified in the notice. Upon the mutual consent of both parties the contractor shall be reimbursed for all work satisfactorily completed and any non-cancelable obligations incurred prior to the effective date of the termination.
4.2.6 Either party may terminate the contract for breach of contract by providing the other party with a written notice of termination. The termination shall become effective on the date specified in the notice. Payments for project activities or for services shall not be made beyond the date of termination.
4.2.7 Any written notice to the contractor shall be deemed sufficient when deposited in the United States mail postage prepaid, transmitted by fa...
Amendment, Termination and Renewal. 1. The agreement may be amended and supplemented through mutual negotiation and agreement.
2. Party A shall have the right to unilaterally terminate the agreement and retain the deposit if Party B fails to pay any expenses and fees in the amount of one month rent, without any justified reason, tear open or change the main structure and landmark line without authorization, engages in illegal activities, h▇▇▇▇ public interests, or sublets, transfers, or lends or invests or exchanges the lease with others without authorization.
3. Party B may terminate the agreement unilaterally and receive the refund of the deposit and two month rents if Party A fails to deliver the Premises for ten days, or the conditions of the Premises significantly differs from what are set forth herein.
4. During the lease period, either party may terminate the lease with three month advance notice in writing to the other party. The Parities shall execute a termination agreement to terminate this lease upon mutual negotiation. This agreement remains binding prior to the effectiveness of the termination agreement.
5. This agreement shall terminate upon expiration of the lease term. If Party B wishes to continue to lease the Premises, Party B shall notify Party A in writing three months in advance and Party A shall respond in writing two months before the expiration of the agreement and both Parties shall renew the lease agreement.