Common use of Authority to Terminate and/or suspend Clause in Contracts

Authority to Terminate and/or suspend. Notwithstanding anything to the contrary set forth in this Agreement or elsewhere, the “Cooperating Volunteer Agency” acknowledges that the Township Board of Supervisors or Cooperating Volunteer Fire Company may, at its discretion, terminate this agreement with one hundred and twenty (120) calendar days' notice. Such termination shall be effective one hundred and twenty (120) calendar days after either party’s transmission to the other Agency notice of the election to terminate. In lieu of such termination, the Township may elect to suspend its duty to permit the said company to Provide Fire Protection Services under and pursuant to this Agreement for any Cooperating Volunteer Agency company that does not operate according to the rules, regulations, directives, and/or general orders set forth by the Township. Such suspension shall be effective upon the Township’s transmission to the delinquent Cooperating Volunteer Agency, notice of the Township’s election to suspend and shall not be lifted until twenty-four (24) hours after the Company complies with the Township’s rules, regulation(s), or operating procedure regarding the provision of fire response. A suspension shall not be permitted for more than 30 days without a dispute resolution hearing consisting of the Public Safety Committee members to determine whether a continuance of the suspension is warranted. If no hearing is scheduled within 30 calendar days, the suspension shall be automatically lifted. In the event that this Agreement is terminated by the Township as to any Cooperating Volunteer Agency, the amount of each successive Quarterly Cooperation Payment due from the Township shall be increased to the remaining Cooperating Volunteer Agencies by an amount equal to the amount that would have otherwise been paid to the eliminated Cooperating Volunteer Agency provided, however, that the Township Board of Supervisors may agree to have the remaining allocated funds of such increase be placed into a fire services capital reserve account or to assist in the operational cost associated with needed career staffing if they see fit by providing notice of such allocation to the Cooperating Volunteer Agency not later than thirty (30) days before the due date of the next due Quarterly Cooperation Payment.