Common use of Amendment, Termination and Renewal Clause in Contracts

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 a case by case basis by the Department, that negatively impact the safety and well-being of the children in the provider’s care and the provider fails to rectify the issues; j. Provider’s business or billing practices are questionable, including, but not limited to incomplete or inaccurate attendance records or invoices, multiple changes to invoices following payment for services by the Department, failure to follow Generally Accepted Accounting Practices, or other issues found through Department audits, on-site monitoring, substantiated complaints, or other actions that call into question record keeping or billing practices; k. Provider is non-compliant with agreement requirements; or l. The Department has reason to believe the provider has failed to follow all federal or state laws, regulations, local or municipal ordinances, or terms of this agreement. 4.2.5 The agreement may be terminated by either party, with or without cause, by giving thirty (30) calendar days advance written notice to the other party. The termination shall be effective thirty (30) calendar days from the date of notice or the date specified in the notice. The Department reserves the right to withdraw any or all of its clients before the end of the thirty (30) calendar day period, if applicable.

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 binding by the execution of a formal, written agreement amendmentamendment signed by both parties. 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 written notice from the Department, without penalty or termination costs. The licensed registered 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 has an employee or allows volunteers to work within the child care facility volunteer who have has a substantiated Child Abuse or Neglect reportreport or other offenses as outlined in RSMo., 210.025; 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 An employee of the facility failed to report child abuse and neglect; d. Provider employs individuals Provider’s Director failed to report death or allows volunteers who are not mentally, emotionally, or physically fit to care for children as determined by a medical professional or mental health professionalserious injuries; e. Provider employs individuals has employees or allows volunteers working in the facility 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. DHSSDSS/SCCR CD takes action to immediately suspend or revoke the provider’s child care licenseCertificate of Registration; h. Provider failed to disclose all report new 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 a case by case basis by the Department, that negatively impact the safety and well-being of the children in the provider’s care and the provider fails to rectify the issuescare; j. Provider’s business or billing practices are questionable, including, but not limited to incomplete or inaccurate attendance records or invoices, multiple changes to invoices attendance records following payment for services by the Department, failure to follow Generally Accepted Accounting Practices, or other issues found through Department audits, on-site monitoring, substantiated complaints, or other actions that call into question record keeping or billing practices; k. Provider is non-compliant with agreement requirements; or l. The Department has reason to believe the provider has failed to follow all federal or state laws, regulations, local local, or municipal ordinances, or terms of this agreement. 4.2.5 The agreement may be terminated by either party, with or without cause, by giving thirty (30) calendar days advance written notice to the other party. The termination shall be effective thirty (30) calendar days from the date of notice or the date specified in the notice. The Department reserves the right to withdraw any or all of its clients before the end of the thirty (30) calendar day period, if applicable.

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 whetherby modification and/or supplementation, shall be accomplished by shallbe accomplishedby a formal, written agreement amendment. Oral agreements or agreements confirmed by e-mail or mailor 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 remainin effect and shall apply during the renewal period. 4.2.4 The Department reserves the right to terminate the agreement toterminate theagreement with cause immediately upon notice from noticefrom the Department, without penalty or termination costs. The licensed registered child care provider may request an administrative review of the decision to terminate the agreement theagreement 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 has an employee or allows volunteers to work within the child care facility who have volunteer whohave a substantiated Child Abuse Abuseor Neglectreport or Neglect reportother offenses as outlined in RSMo., 210.1080; 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 paymentfor child care services by the Department through false representation or concealment of material facts materialfacts by the participant, eligibility unit, child care provider or any other representatives. c. Provider An employee of the facility failed to report child abuse and neglect; d. Provider employs individuals Provider’s Director failed to report death or allows volunteers who are not mentally, emotionally, or physically fit to care for children as determined by a medical professional or mental health professionalserious injuries; e. Provider employs individuals has employees or allows volunteers who are working in thefacility whoare not legally allowed in the presence thepresence of children; f. Provider failed to cooperate tocooperate in a Welfare Investigative Unit investigationUnitinvestigation, Child Abuse and Neglect investigation or assessment, compliance review, or audit; or g. DHSSDSS/SCCR CD takes action to immediately suspend or revoke the provider’s child care licenseCertificate of Registration; h. Provider failed to disclose all toreport new employees or volunteers subject to a subjecttoa check of the Family Care Safety Registry or Criminal Background Screening, as applicable; i. Health and safety issues exist, as determined on a case by case basis by the DepartmenttheDepartment, that negatively impact the safety and well-being of beingof the children in the provider’s care and the provider fails to rectify the issuescare; j. Provider’s business or billing practices are questionable, including, but not limited to limitedto incomplete or inaccurate attendance records or invoices, multiple changes multiplechanges to invoices attendance records following payment for services by the Department, failure to follow Generally Accepted Accounting Practices, or other issues found through Department auditsDepartmentaudits, on-site monitoringsitemonitoring, substantiated complaints, or other actions otheractions that call into question record keeping or billing practicesbillingpractices; k. Provider is non-compliant with agreement requirementsagreementrequirements; or l. The Department has reason to believe tobelieve the provider has providerhas failed to follow tofollow all federal or state laws, regulations, local or municipal ordinances, or terms of this agreement. 4.2.5 The agreement may be terminated by either partyeitherparty, with or without cause, by giving thirty (30) calendar days advance written notice to the other party. The termination shall be shallbe effective thirty (30) calendar days from the date of notice or the date specified in the notice. The Department reserves the right to withdraw any withdrawany or all of its clients before the end of the thirty (30) calendar day period, if applicable.

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 provisionsof 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 registered 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 has individuals or allows volunteers to work residing within the child care facility home who have a substantiated Child Abuse or Neglect reportreport or other offenses as outlined in 13 CSR 35-32.070; 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 failed to report death or allows volunteers who are not mentally, emotionally, or physically fit to care for children as determined by a medical professional or mental health professionalserious injuries; e. Provider employs individuals or allows volunteers has relatives residing in the home in which services are provided 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. DHSSDSS/SCCR CD takes action to immediately suspend or revoke the provider’s child care licenseCertificate of Registration; h. Provider failed to disclose all employees persons age 17 or volunteers older residing in the provider’s home 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 a case by case basis by the Department, that negatively impact the safety and well-being of the children in the provider’s care and the provider fails to rectify the issues; j. Provider’s business or billing practices are questionable, including, but not limited to incomplete or inaccurate attendance records or invoices, multiple changes to invoices attendance records following payment for services by the Department, failure to follow Generally Accepted Accounting Practices, or other issues found through Department audits, on-site monitoring, substantiated complaints, or other actions that call into question record keeping or billing practices; k. Provider is non-compliant with agreement requirements; or l. The Department has reason to believe the provider has failed to follow all federal or state laws, regulations, local or municipal ordinances, or terms of this agreement. 4.2.5 The agreement may be terminated by either party, with or without cause, by giving thirty (30) calendar days advance written notice to the other party. The termination shall be effective thirty (30) calendar days from the date of notice or the date specified in the notice. The Department reserves the right to withdraw any or all of its clients before the end of the thirty (30) calendar day period, if applicable.

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 registered 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 has an employee or allows volunteers to work within the child care facility volunteer who have a substantiated Child Abuse or Neglect reportreport or other offenses as outlined in RSMo., 210.025; 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 An employee of the facility failed to report child abuse and neglect; d. Provider employs individuals Provider’s Director failed to report death or allows volunteers who are not mentally, emotionally, or physically fit to care for children as determined by a medical professional or mental health professionalserious injuries; e. Provider employs individuals has employees or allows volunteers working in the facility 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. DHSSDSS/SCCR CD takes action to immediately suspend or revoke the provider’s child care licenseCertificate of Registration; h. Provider failed to disclose all report new 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 a case by case basis by the Department, that negatively impact the safety and well-being of the children in the provider’s care and the provider fails to rectify the issuescare; j. Provider’s business or billing practices are questionable, including, but not limited to incomplete or inaccurate attendance records or invoices, multiple changes to invoices attendance records following payment for services by the Department, failure to follow Generally Accepted Accounting Practices, or other issues found through Department audits, on-site monitoring, substantiated complaints, or other actions that call into question record keeping or billing practices; k. Provider is non-compliant with agreement requirements; or l. The Department has reason to believe the provider has failed to follow all federal or state laws, regulations, local or municipal ordinances, or terms of this agreement. 4.2.5 The agreement may be terminated by either party, with or without cause, by giving thirty (30) calendar days advance written notice to the other party. The termination shall be effective thirty (30) calendar days from the date of notice or the date specified in the notice. The Department reserves the right to withdraw any or all of its clients before the end of the thirty (30) calendar day period, if applicable.

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 tothe agreement, whether by whetherby modification and/or supplementation, shall be accomplished by a formal, written agreement amendment. Oral agreements or agreements confirmed by e-mail or mailor 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 conditions, and provisions of the original agreement and any subsequent amendments shall remain in remainin effect and shall apply during the renewal period. 4.2.4 The Department reserves the right to terminate the agreement toterminate theagreement with cause immediately causeimmediately upon notice from noticefrom the Department, without penalty or termination costs. The licensed registered child care provider may request an administrative review of the decision to terminate the agreement theagreement within ten (10) calendar days businessdays of notification. The reasons for immediate termination immediatetermination by the Department may include, but not be limited to, the following events: a. Provider employs has individuals or allows volunteers to work within the child care facility who have a residing withinthechild carehome whohavea substantiated Child Abuse or Neglect reportreport or other offenses as outlined in 13 CSR 35-32.070; 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 paymentfor 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 failed to report death or allows volunteers who are not mentally, emotionally, or physically fit to care for children as determined by a medical professional or mental health professionalserious injuries; e. Provider employs individuals or allows volunteers who are has relatives residing in the home in whichservices areprovidedwhoare not legally allowed in the presence of children; f. Provider failed to cooperate tocooperate in a Welfare Investigative Unit investigationUnitinvestigation, Child Abuse and Neglect investigation or assessment, compliance review, or audit; or g. DHSSDSS/SCCR CD takes action to immediately suspend or revoke the provider’s child care licenseCertificate of Registration; h. Provider failed to disclose todisclose all employees or volunteers persons in the provider’s homewhoare subject to a toa check of the Family Care Safety Registry or Criminal Background Screening, as applicable; i. Health and safety issues exist, as determined on a case by case basis by the Department, that negatively impact the safety and well-being of beingof the children in childrenin the provider’s care and careand the provider fails to rectify torectify the issues; j. Provider’s business or billing practices are questionable, including, but not limited to limitedto incomplete or inaccurate attendance records or invoices, multiple changes multiplechanges to invoices attendance records following payment for services by the Department, failure to follow Generally Accepted Accounting Practices, or other issues found through Department auditsDepartmentaudits, on-site monitoringsitemonitoring, substantiated complaints, or other actions otheractions that call into question record keeping or billing practices; k. Provider is non-compliant with agreement requirementsagreementrequirements; or l. The Department has reason to believe tobelieve the provider has failed to follow hasfailed tofollow all federal or state laws, regulations, local or municipal ordinances, or terms of this agreement. 4.2.5 The agreement may be terminated by either partyeitherparty, with or without cause, by giving thirty (30) calendar days advance written notice to the other party. The termination shall be effective thirty (30) calendar days from the date of notice or the date specified in the notice. The Department reserves the right to withdraw any or all of its clients before the end of the thirty (30) calendar day period, if applicable.