Common use of Breaches Clause in Contracts

Breaches. 9.1 In addition to any other provision in this Contract, and for greater certainty, the Participant will be in material breach of this Contract and the Participant will be liable to the Province for the Repayment Amount in accordance with Article 4 of this Agreement, if the Participant: (a) does not begin the Postgraduate Medical Education; (b) begins but does not complete the Postgraduate Medical Education; (c) has not complied with the process as detailed in Schedule 1 to this Contract; (d) has not complied with Article 8; (e) has not returned an executed Return of Service Addendum in accordance with Article 5; (f) does not begin the Return of Service Term in accordance with the Return of Service Addendum; (g) does not begin the Return of Service Term in accordance with Section 5.5; (h) does not complete the Return of Service in accordance with the Return of Service Addendum; (i) fails to comply with any requirements contained in the Return of Service Addendum; (j) has lost the legal right to practise medicine in British Columbia; (k) for any other circumstance arising which, determined by the Province acting reasonably, prevents the Participant from fulfilling the Return of Service obligations. Such other circumstances may include, but are not limited to: (i) revocation or restriction of the Participant’s hospital privileges consistent with the applicable hospital bylaws respecting non- renewal for discipline, (ii) competency or wilful disobedience on the part of the Participant, (iii) criminal conviction of the Participant; or (iv) any suspension, revocation, or imposition of terms, conditions or limitations on the Participant's Certificate of Registration issued by the CPSBC; or (l) has breached any other term of this Contract. 9.2 The Province may terminate this Contract by giving Notice in writing to the Participant of any breach of this Contract, including any term described in Section 9.1. 9.3 For the purposes of Section 9.2, the Contract terminates on the date set out in the Notice, or the date that the Notice is deemed to have been received under Article 16, whichever is later.

Breaches. 9.1 In addition to any other provision in this Contract, and for greater certainty, the Participant will be in material breach of this Contract and the Participant will be liable to the Province for the Repayment Amount in accordance with Article 4 of this Agreement, if the Participant: (a) does not begin the Postgraduate Medical Education; (b) begins but does not complete the Postgraduate Medical Education; (c) has not complied with the process as detailed in Schedule 1 (Return of Service Placement Process) to this Contract; (d) has not complied with Article 87; (e) has not returned an executed Return of Service Addendum in accordance with Article 5; (f) has not complied with Article 8; (g) does not begin the Return of Service Term in accordance with the Return of Service Addendum; (gh) does not begin the Return of Service Term in accordance with Section 5.5; (hi) does not complete the Return of Service in accordance with the Return of Service Addendum; (ij) fails to comply with any requirements contained in the Return of Service Addendum; (jk) has lost the legal right to practise medicine in British Columbia; (kl) for any other circumstance arising which, determined by the Province acting reasonably, prevents the Participant from fulfilling the Return of Service obligations. Such other circumstances may include, but are not limited to: (i) revocation or restriction of the Participant’s hospital privileges consistent with the applicable hospital bylaws respecting non- renewal for discipline, (ii) competency or wilful disobedience on the part of the Participant, (iii) criminal conviction of the Participant; , or (iv) any suspension, cancellation, revocation, or imposition of terms, conditions or limitations on the Participant's Certificate of Registration issued by the CPSBCCollege of Physicians and Surgeons of British Columbia; or (lm) has breached any other term of this Contract. 9.2 The Province may terminate this Contract by giving Notice in writing to the Participant of any breach of this Contract, including any term described in Section 9.1. 9.3 For the purposes of Section 9.2, the Contract terminates on the date set out in the Notice, or the date that the Notice is deemed to have been received under Article 16, whichever is later.

Breaches. 9.1 In addition to any other provision in this Contract, and for greater certainty, the Participant will be in material breach of this Contract and the Participant will be liable to the Province for the Repayment Amount in accordance with Article 4 of this Agreement, if the Participant: (a) does not begin the Postgraduate Medical Education; (b) begins but does not complete the Postgraduate Medical Education; (c) has not complied with the process as detailed in Section 5.4 of this Contract (i.e. ordinarily Schedule 1 to this Contract(Return of Service Placement Process)); (d) has not complied with Article 87; (e) has not returned an executed Return of Service Addendum in accordance with Article 5; (f) has not complied with Article 8; (g) does not begin the Return of Service Term in accordance with the Return of Service Addendum; (gh) does not begin the Return of Service Term in accordance with Section 5.5; (hi) does not complete the Return of Service in accordance with the Return of Service Addendum; (ij) fails to comply with any requirements contained in the Return of Service Addendum; (jk) has lost the legal right to practise medicine in British Columbia; (kl) for any other circumstance arising which, determined by the Province acting reasonably, prevents the Participant from fulfilling the Return of Service obligations. Such other circumstances may include, but are not limited to: (i) revocation or restriction of the Participant’s hospital privileges consistent with the applicable hospital bylaws respecting non- renewal for discipline, (ii) competency or wilful disobedience on the part of the Participant, (iii) criminal conviction of the Participant; , or (iv) any suspension, cancellation, revocation, or imposition of terms, conditions conditions, or limitations on the Participant's Certificate of Registration issued by the CPSBCCollege; or (lm) has breached any other term of this Contract. 9.2 The Province may terminate this Contract by giving Notice in writing to the Participant of any breach of this Contract, including any term described in Section 9.1. 9.3 For the purposes of Section 9.2, the Contract terminates on the date set out in the Notice, or the date that the Notice is deemed to have been received under Article 16, whichever is later.

Breaches. 9.1 8.1 In addition to any other provision in this Contract, and for greater certainty, the Participant will shall be in material breach of this Contract and the Participant will be liable to the Province for the Repayment Amount in accordance with Article 4 of this Agreement, if the Participant: (a) does Does not begin the Postgraduate Medical Education;Practice Ready Assessment-BC Program, in which case the Province may terminate the Contract on any day after the day that Participant was to have begun the Practice Ready Assessment-BC Program. (b) begins Begins but does not complete the Postgraduate Medical Education;Practice Ready Assessment-BC Program, in which case the Province may terminate the Contract on any day after the day that the Participant last participated in the Practice Ready Assessment-BC Program. (c) has Has not complied with applied for the process necessary documents as detailed in Schedule 1 to this Contract;required under subparagraph 7.1. (d) has Has not complied submitted to the Province an Addendum signed with the Health Authority in accordance with Article 8;5.6, unless no Health Authority agrees to sign the Addendum so long as the candidate made every reasonable effort to conclude such an agreement. (e) has not returned an executed Return of Service Addendum in accordance with Article 5; (f) does Does not begin the Return of Service Term in accordance with the Return of Service Addendum; (g) does not begin the Return of Service Term in accordance with Section 5.5; (h) does not complete to provide the Return of Service in accordance with the Addendum, in which case the Province may terminate the Contract on any day after the day that the Participant was to have begun the Return of Service. (f) Does not complete the full Return of Service Addendum;term, in which case the Province may terminate the Contract on any day after the day that the Participant last returned service. (g) Is no longer legally entitled to practise medicine in British Columbia, in which case the Province may terminate the Contract on any day after the day that the Participant is no longer legally entitled to practise medicine in British Columbia. (h) Changes his or her Medical Practice, except in accordance with Article 6.2. (i) fails Fails to comply with any requirement in Schedule 1. (j) Fails to comply with the requirements contained in the Return of Service Addendum;. 8.2 The Province may terminate this Contract by giving Notice in writing to the Participant if one or more of the following has occurred: (ja) has lost the legal right to practise medicine A breach of any term described in British Columbia;Article 8.1 (kb) for any Any other circumstance arising whicharises which in the opinion of the Province, determined by the Province acting reasonably, prevents the Participant from fulfilling the his or her Return of Service obligations. Such obligations appropriately. (c) The Participant has breached any other term of this Contract. 8.3 For the purposes of Article 8.2, other circumstances may include, but are not limited to: (i) , revocation or restriction of the Participant’s hospital privileges consistent with the applicable hospital bylaws by-laws respecting non- renewal for discipline, (ii) , competency or wilful disobedience on the part of the Participant, (iii) , where applicable, but not because of Health Authority need; criminal conviction of the Participant; or (iv) or any suspension, revocation, or imposition of terms, conditions or limitations on the Participant's Certificate of Registration issued by the CPSBC; or (l) has breached any other term of this ContractCPSBC which is not covered by Article 8.1(g). 9.2 The Province may terminate this Contract by giving Notice in writing to the Participant of any breach of this Contract, including any term described in Section 9.1. 9.3 8.4 For the purposes of Section 9.2Article 8.2, the Contract terminates on the date set out in the Notice, or the date that the Notice is deemed to have been received under Article 16, whichever is later.

Breaches. 9.1 In addition to any other provision in this Contract, and for greater certainty, the Participant will be in material breach of this Contract and the Participant will be liable to the Province for the Repayment Amount in accordance with Article 4 of this Agreement, if the Participant: (a) does not begin the Postgraduate Medical Education; (b) begins but does not complete the Postgraduate Medical Education; (c) has not complied with the process as detailed in Section 5.4 of this Contract (i.e. ordinarily Schedule 1 to this Contract(Competitive Stream Return of Service Placement Process)); (d) has not complied with Article 87; (e) has not returned an executed Return of Service Addendum in accordance with Article 5; (f) has not complied with Article 8; (g) does not begin the Return of Service Term in accordance with the Return of Service Addendum; (gh) does not begin the Return of Service Term in accordance with Section 5.5; (hi) does not complete the Return of Service in accordance with the Return of Service Addendum; (ij) fails to comply with any requirements contained in the Return of Service Addendum; (jk) has lost the legal right to practise medicine in British Columbia; (kl) for any other circumstance arising which, determined by the Province acting reasonably, prevents the Participant from fulfilling the Return of Service obligations. Such other circumstances may include, but are not limited to: (i) revocation or restriction of the Participant’s hospital privileges consistent with the applicable hospital bylaws respecting non- non-renewal for discipline, (ii) competency or wilful disobedience on the part of the Participant, (iii) criminal conviction of the Participant; , or (iv) any suspension, cancellation, revocation, or imposition of terms, conditions conditions, or limitations on the Participant's Certificate of Registration issued by the CPSBCCollege; or (lm) has breached any other term of this Contract. 9.2 The Province may terminate this Contract by giving Notice in writing to the Participant of any breach of this Contract, including any term described in Section 9.1. 9.3 For the purposes of Section 9.2, the Contract terminates on the date set out in the Notice, or the date that the Notice is deemed to have been received under Article 16, whichever is later.

Breaches. 9.1 8.1 In addition to any other provision in this Contract, and for greater certainty, the Participant will shall be in material breach of this Contract and the Participant will be liable to the Province for the Repayment Amount in accordance with Article 4 of this Agreement, if the Participant: (a) does Does not begin the Postgraduate Medical EducationPractice Ready Assessment-BC Program, in which case the Province may terminate the Contract on any day after the day that Participant was to have begun the Practice Ready Assessment-BC Program; (b) begins Begins but does not complete the Postgraduate Medical EducationPractice Ready Assessment-BC Program, in which case the Province may terminate the Contract on any day after the day that the Participant last participated in the Practice Ready Assessment-BC Program; (c) has Has not complied with applied for the process necessary documents as detailed in Schedule 1 to this Contractrequired under subparagraph 7.1; (d) has Has not complied with Article 8submitted to the Province an Addendum signed by the Health Authority, unless no Health Authority agrees to sign the Addendum so long as the candidate made every reasonable effort to conclude such an agreement; (e) has not returned an executed Return of Service Addendum in accordance with Article 5; (f) does Does not begin the Return of Service Term in accordance with the Return of Service Addendum; (g) does not begin the Return of Service Term in accordance with Section 5.5; (h) does not complete to provide the Return of Service in accordance with the Addendum, in which case the Province may terminate the Contract on any day after the day that the Participant was to have begun the Return of Service; (f) Does not complete the full Return of Service Addendumterm, in which case the Province may terminate the Contract on any day after the day that the Participant last returned service; (ig) fails Is no longer legally entitled to comply with practise medicine in British Columbia, in which case the Province may terminate the Contract on any requirements contained in day after the Return of Service Addendum; (j) has lost day that the legal right Participant is no longer legally entitled to practise medicine in British Columbia; (kh) for Changes Participant’s Medical Practice, except in accordance with Article 6.2; (i) Fails to comply with any requirement in Article 5; or (j) Fails to comply with the requirements contained in the Return of Service Addendum. 8.2 The Province may terminate this Contract by giving Notice in writing to the Participant if one or more of the following has occurred: (a) A breach of any term described in Article 8.1; (b) Any other circumstance arising whicharises which in the opinion of the Province, determined by the Province acting reasonably, prevents the Participant from fulfilling the Return of Service obligations. Such obligations appropriately; or (c) The Participant has breached any other term of this Contract. 8.3 For the purposes of Article 8.2, other circumstances may include, but are not limited to: (i) , revocation or restriction of the Participant’s hospital privileges consistent with the applicable hospital bylaws by-laws respecting non- renewal for discipline, (ii) , competency or wilful disobedience on the part of the Participant, (iii) , where applicable, but not because of Health Authority need; criminal conviction of the Participant; or (iv) or any suspension, revocation, or imposition of terms, conditions or limitations on the Participant's Provisional Certificate of Registration issued which is not covered by the CPSBC; or (l) has breached any other term of this ContractArticle 8.1(g). 9.2 The Province may terminate this Contract by giving Notice in writing to the Participant of any breach of this Contract, including any term described in Section 9.1. 9.3 8.4 For the purposes of Section 9.2Article 8.2, the Contract terminates on the date set out in the Notice, or the date that the Notice is deemed to have been received under Article 1615, whichever is later.

Breaches. 9.1 In addition to any other provision in this Contract, and for greater certainty, the Participant will shall be in material breach of this Contract and the Participant will be liable to the Province for the Repayment Amount in accordance with Article 4 of this Agreement, if the Participant: (a) does not begin the Postgraduate Medical EducationFellowship, in which case the Province may terminate the Contract on the day after the day the Participant was to have begun the Fellowship; (b) begins but does not complete the Postgraduate Medical EducationFellowship, in which case the Province may terminate the Contract on the day after the day the Participant last participated in the Fellowship; (c) has not complied with the process as detailed in Schedule 1 to this Contractsubparagraph 8.1; (d) has not secured a Return of Service Placement and returned an executed Addendum in accordance with Article 5.7 and 5.8, unless Article 5.9 applies, and the Participant has complied with Article 8the requirement of that Article; (e) has not returned an executed Return of Service Addendum in accordance with Article 5; (f) does not begin the Return of Service Term in accordance with the Return of Service Addendum; (g) does not begin the Return of Service Term in accordance with Section 5.5; (h) does not complete to provide the Return of Service in accordance with the Addendum in which case the Province may terminate the Contract on the day after the day that the Participant was to have begun the Return of Service AddendumService; (if) fails to comply with any requirements contained in does not complete the Return of Service AddendumService, in which case the Province may terminate the Contract on the day after the day the Participant last returned service; (jg) has lost is no longer legally entitled to practise medicine in British Columbia, in which case the legal right Province may terminate the Contract on the day after the day the Participant is no longer legally entitled to practise medicine in British Columbia; (kh) for changes his or her Medical Practice, except in accordance with Article 7.2; (i) fails to follow the process described in Article 5; or (j) fails to comply with the requirements contained in the Return of Service Addendum. 9.2 The Province may terminate this Contract by giving Notice in writing to the Participant if one or more of the following has occurred: (a) a breach of any term described in Article 9.1; (b) any other circumstance arising which, determined by arises which in the Province opinion of the Province; acting reasonably, prevents the Participant from fulfilling the his or her Return of Service obligations. Such obligations appropriately; (c) the Participant has breached any other term of this Contract. 9.3 For the purposes of Article 9.2 other circumstances may include, but are not limited to: (i) , revocation or restriction of the Participant’s hospital privileges consistent with the applicable hospital bylaws by-laws respecting non- renewal for discipline, (ii) , competency or wilful disobedience on the part of the Participant, (iii) , where applicable, but not because of Health Authority need; criminal conviction of the Participant; or (iv) or any suspension, revocation, or imposition of terms, conditions or limitations on the Participant's Certificate of Registration issued by the CPSBC; or (l) has breached any other term of this ContractCPSBC that is not covered by Article 9.1(g). 9.2 The Province may terminate this Contract by giving Notice in writing to the Participant of any breach of this Contract, including any term described in Section 9.1. 9.3 9.4 For the purposes of Section 9.2Article 9.2(b), the Contract terminates on the date set out in the Notice, or the date that the Notice is deemed to have been received under Article 16, whichever is later.

Breaches. 9.1 In addition to any other provision in this Contract, and for greater certainty, the Participant will be in material breach of this Contract and the Participant will be liable to the Province for the Repayment Amount in accordance with Article 4 of this Agreement, if the Participant: (a) does not begin the Postgraduate Medical Education; (b) begins but does not complete the Postgraduate Medical Education; (c) has not complied with the process as detailed in Schedule 1 (Competitive Stream Return of Service Placement Process) to this Contract; (d) has not complied with Article 87; (e) has not returned an executed Return of Service Addendum in accordance with Article 5; (f) has not complied with Article 8; (g) does not begin the Return of Service Term in accordance with the Return of Service Addendum; (gh) does not begin the Return of Service Term in accordance with Section 5.5; (hi) does not complete the Return of Service in accordance with the Return of Service Addendum; (ij) fails to comply with any requirements contained in the Return of Service Addendum; (jk) has lost the legal right to practise medicine in British Columbia; (kl) for any other circumstance arising which, determined by the Province acting reasonably, prevents the Participant from fulfilling the Return of Service obligations. Such other circumstances may include, but are not limited to: (i) revocation or restriction of the Participant’s hospital privileges consistent with the applicable hospital bylaws respecting non- non-renewal for discipline, (ii) competency or wilful disobedience on the part of the Participant, (iii) criminal conviction of the Participant; , or (iv) any suspension, cancellation, revocation, or imposition of terms, conditions or limitations on the Participant's Certificate of Registration issued by the CPSBCCollege of Physicians and Surgeons of British Columbia; or (lm) has breached any other term of this Contract. 9.2 The Province may terminate this Contract by giving Notice in writing to the Participant of any breach of this Contract, including any term described in Section 9.1. 9.3 For the purposes of Section 9.2, the Contract terminates on the date set out in the Notice, or the date that the Notice is deemed to have been received under Article 16, whichever is later.

Breaches. 9.1 In addition to any other provision in this Contract, and for greater certainty, the Participant will be in material breach of this Contract and the Participant will be liable to the Province for the Repayment Amount in accordance with Article 4 of this Agreement, if the Participant: (a) does not begin the Postgraduate Medical Education; (b) begins but does not complete the Postgraduate Medical Education; (c) has not complied with the process as detailed in Schedule 1 (Return of Service Placement Process) to this Contract; (d) has not complied with Article 87; (e) has not returned an executed Return of Service Addendum in accordance with Article 5; (f) has not complied with Article 8; (g) does not begin the Return of Service Term in accordance with the Return of Service Addendum; (gh) does not begin the Return of Service Term in accordance with Section 5.5; (hi) does not complete the Return of Service in accordance with the Return of Service Addendum; (ij) fails to comply with any requirements contained in the Return of Service Addendum; (jk) has lost the legal right to practise medicine in British Columbia; (kl) for any other circumstance arising which, determined by the Province acting reasonably, prevents the Participant from fulfilling the Return of Service obligations. Such other circumstances may include, but are not limited to: (i) revocation or restriction of the Participant’s hospital privileges consistent with the applicable hospital bylaws respecting non- renewal for discipline, (ii) termination of employment arrangement by Agency for just cause, (iii) competency or wilful disobedience on the part of the Participant, (iiiiv) criminal conviction of the Participant; , or (ivv) any suspension, cancellation, revocation, or imposition of terms, conditions or limitations on the Participant's Certificate of Registration issued by the CPSBCCollege of Physicians and Surgeons of British Columbia; or (lm) has breached any other term of this Contract. 9.2 The Province may terminate this Contract by giving Notice in writing to the Participant of any breach of this Contract, including any term described in Section 9.1. 9.3 For the purposes of Section 9.2, the Contract terminates on the date set out in the Notice, or the date that the Notice is deemed to have been received under Article 16, whichever is later.

Breaches. 9.1 In addition to any other provision in this Contract, and for greater certainty, the Participant will be in material breach of this Contract and the Participant will be liable to the Province for the Repayment Amount in accordance with Article 4 of this Agreement, if the Participant: (a) does not begin the Postgraduate Medical Education; (b) begins but does not complete the Postgraduate Medical Education; (c) has not complied with the process as detailed in Schedule 1 to this Contract; (d) has not complied with Article 8; (e) has not returned an executed Return of Service Addendum in accordance with Article 5; (f) does not begin the Return of Service Term in accordance with the Return of Service Addendum; (g) does not begin the Return of Service Term in accordance with Section 5.5; (h) does not complete the Return of Service in accordance with the Return of Service Addendum; (i) fails to comply with any requirements contained in the Return of Service Addendum; (j) has lost the legal right to practise medicine in British Columbia; (k) for any other circumstance arising which, determined by the Province acting reasonably, prevents the Participant from fulfilling the Return of Service obligations. Such other circumstances may include, but are not limited to: (i) revocation or restriction of the Participant’s hospital privileges consistent with the applicable hospital bylaws respecting non- renewal for discipline, (ii) termination of employment arrangement by Agency for just cause, (iii) competency or wilful disobedience on the part of the Participant, (iiiiv) criminal conviction of the Participant; or (ivv) any suspension, revocation, or imposition of terms, conditions or limitations on the Participant's Certificate of Registration issued by the CPSBC; or (l) has breached any other term of this Contract. 9.2 The Province may terminate this Contract by giving Notice in writing to the Participant of any breach of this Contract, including any term described in Section 9.1. 9.3 For the purposes of Section 9.2, the Contract terminates on the date set out in the Notice, or the date that the Notice is deemed to have been received under Article 16, whichever is later.