By Charter School Sample Clauses

By Charter School. Subject to Chapter 3314 of the Ohio Revised Code, the Charter School may terminate this Agreement prior to the end of the term specified in ARTICLE II in the event that the Company fails to remedy a material breach of this Agreement within 30 days after written notice from the Board to the Company, or in the event the material breach cannot be reasonably cured within thirty (30) days of receipt of written notice, the Company fails to promptly undertake and continue efforts to cure said material breach within a reasonable time. A material breach by the Company includes, but is not limited to: (i) a material failure to account for its expenditures of Charter School funds or for other expenses incurred by the Charter School, (ii) Company’s failure to substantially follow policies, procedures, rules, regulations or curriculum duly adopted by the Board, this Agreement, the Code, the Charter, or applicable laws and regulations, (iii) failure to meet or make progress towards the educational goals set forth in the Charter, (iv) the employment of teachers in violation of the Charter, the Code or this Agreement, (v) any act or omission of gross negligence that causes the Charter School to materially breach the Charter or any of the Charter School’s other material contractual or legal obligations in anyway, (vi) filing of bankruptcy by the Company; (vii) failure to carry out any provision of the Management Agreement, (viii) the Charter is suspended or terminated pursuant to 3314.072 of the Revised Code; (vii) in the event that use of the Facility becomes impractical by reason of fire, flood or other act of God and an alternate suitable facility cannot be timely located. Notwithstanding the foregoing, in the event that a material breach shall be such that it creates an imminent danger to the life of students, parents or others, said breach must be cured immediately upon written notice from the School or Board. In the event that the Charter School satisfies any of the criteria set forth in Ohio Revised Code §3314.351 (the “Permanent Closure Criteria”) in any single year, the Board shall have the right to terminate this Agreement at the end of the school year subsequent to the school year during which the Permanent Closure Criteria was met (e.g., at the end of the 2023-2024 school year if the Charter School satisfies any Permanent Closure Criteria in the 2022-2023 school year), unless the Company can provide evidence, reasonably satisfactory to the Board, on or before t...
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  • IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first above written.

  • Miscellaneous The Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS sole discretion and that any Vendor may be removed from the participation in the Program at any time with or without cause. Nothing in the Agreement or in any other communication between TIPS and the Vendor may be construed as a guarantee that TIPS or TIPS Members will submit any orders at any time. TIPS reserves the right to request additional proposals for items or services already on Agreement at any time.

  • WHEREAS the Company desires the Warrant Agent to act on behalf of the Company, and the Warrant Agent is willing to so act, in connection with the issuance, registration, transfer, exchange, redemption and exercise of the Warrants; and

  • Limitation of Liability No provision hereof, in the absence of any affirmative action by the Holder to exercise this Warrant to purchase Warrant Shares, and no enumeration herein of the rights or privileges of the Holder, shall give rise to any liability of the Holder for the purchase price of any Common Stock or as a stockholder of the Company, whether such liability is asserted by the Company or by creditors of the Company.

  • NOW, THEREFORE the parties hereto agree as follows:

  • Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

  • Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York.

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