Common use of By NovaCare Clause in Contracts

By NovaCare. NovaCare may terminate this Agreement upon notice to Subscriber, in the event that: (a) Subscriber fails to pay any sums due hereunder, and such failure continues for three (3) business days after written notice thereof is sent to Subscriber, certified or registered mail, return receipt requested; (b) Subscriber fails at any time to procure or maintain any insurance coverage required by this Agreement; (c) Subscriber fails to perform or observe any duty, obligation or covenant contained in this Agreement other than those set forth in subparagraph (a) or subparagraph (b) above, and such failure continues for ten (10) days after written notice thereof is sent to Subscriber, certified or registered mail, return receipt requested; (d) Subscriber becomes insolvent (that is, unable to pay its debts as they mature or in accordance with customary business practice) or commits an act of bankruptcy, or if any bankruptcy or insolvency proceeding is instituted by or against Subscriber and is consented to or acquiesced in by Subscriber or remains for thirty (30) days undismissed; (e) Subscriber is dissolved; (f) any representation, warranty or statement of material fact made or furnished to NovaCare or NovaCare's representatives by or on behalf of the Subscriber, or any document, instrument or other paper submitted to NovaCare or NovaCare's representatives by or on behalf of Subscriber, is false or misleading in any material respect; (g) NovaCare determines, and obtains an opinion of counsel to the effect, that all or a substantial portion of its receipts hereunder are or will 3 become subject to a sales, value added, gross receipts or similar tax in a particular jurisdiction as to which it exercises its right to terminate; (h) changes in federal, state or local law, regulation or controlling legal interpretation occur that make it legally impossible or economically impractical for NovaCare to carry out its obligations hereunder in the jurisdiction(s) as to which it exercises its right to terminate; (i) Subscriber fails to comply with any reasonable directive regarding health and safety from NovaCare, NovaCare's workers' compensation carrier, or any government agency with jurisdiction over a health or safety matter; or (j) Subscriber misrepresents workers' compensation or Fair Labor Standards Act classification or inaccurately reports employee payroll hours, pay rate or salary.

By NovaCare. NovaCare may terminate this Agreement upon notice to Subscriber, in the event that: (a) Subscriber fails to pay any sums due hereunder, and such failure continues for three (3) business days after written notice thereof is sent to Subscriber, certified or registered mail, return receipt requested; (b) Subscriber fails at any time to procure or maintain any insurance coverage required by this Agreement; (c) Subscriber fails to perform or observe any duty, obligation or covenant contained in this Agreement other than those set forth in subparagraph (a) or subparagraph (b) above, and such failure continues for ten (10) days after written notice thereof is sent to Subscriber, certified or registered mail, return receipt requested; (d) Subscriber becomes insolvent (that is, unable to pay its debts as they mature or in accordance with customary business practice) or commits an act of bankruptcy, or if any bankruptcy or insolvency proceeding is instituted by or against Subscriber and is consented to or acquiesced in by Subscriber or remains for thirty (30) days undismissed; (e) Subscriber is dissolved; (f) any representation, warranty or statement of material fact made or furnished to NovaCare or NovaCare's representatives by or on behalf of the Subscriber, or any document, instrument or other paper submitted to NovaCare or NovaCare's representatives by or on behalf of Subscriber, is false or misleading in any material respect; (g) NovaCare determines, and obtains an opinion of counsel to the effect, that all or a substantial portion of its receipts hereunder are or will 3 become subject to a sales, value added, gross receipts or similar tax in a particular jurisdiction as to which it exercises its right to terminate; (h) changes in federal, state or local law, regulation or controlling legal interpretation occur that make it legally impossible or economically impractical for NovaCare to carry out its obligations hereunder in the jurisdiction(s) as to which it exercises its right to terminate; (i) Subscriber fails to comply with any reasonable directive regarding health and safety from NovaCare, NovaCare's workers' compensation carrier, or any government agency with jurisdiction over a health or safety matter; or (j) Subscriber misrepresents workers' compensation or Fair Labor Standards Act classification or inaccurately reports employee payroll hours, pay rate or salary.

By NovaCare. NovaCare may terminate this Agreement upon notice to Subscriber, in the event that: (a) Subscriber fails to pay any sums due hereunder, and such failure continues for three (3) business days after written notice thereof is sent to Subscriber, certified or registered mail, return receipt requested; (b) Subscriber fails at any time to procure or maintain any insurance coverage required by this Agreement; (c) Subscriber fails to perform or observe any duty, obligation or covenant contained in this Agreement other than those set forth in subparagraph (a) or subparagraph (b) above, and such failure continues for ten (10) days after written notice thereof is sent to Subscriber, certified or registered mail, return receipt requested; (d) Subscriber becomes insolvent (that is, unable to pay its debts as they mature or in accordance with customary business practice) or commits an act of bankruptcy, or applies for, consents to, or acquiesces in the appointment of a trustee or a receiver for it or any of its property, or, in the absence of such application, consent or acquiescence, a trustee or receiver is appointed for Subscriber or for a substantial part of its property and is not discharged within thirty days thereof, or if any bankruptcy or insolvency proceeding proceeding, or any dissolution or liquidation proceeding, is instituted by or against Subscriber and is consented to or acquiesced in by Subscriber or remains for thirty (30) days undismissed; (e) Subscriber is dissolved; (f) any representationthere occurs the termination, warranty cessation or statement of material fact made or furnished to NovaCare or NovaCare's representatives by or on behalf liquidation of the Subscriber, or any document, instrument or other paper submitted to NovaCare or NovaCare's representatives by or on behalf of Subscriber, is false or misleading in any material respectbusiness; (g) NovaCare determines, and obtains an opinion of counsel to the effect, that all or a substantial portion of its receipts hereunder are or will 3 become subject to a sales, value added, gross receipts or similar tax in a particular jurisdiction as to which it exercises its right to terminate; (h) changes in federal, state or local law, regulation or controlling legal interpretation occur that make it legally impossible or economically impractical for NovaCare to carry out its obligations hereunder in the jurisdiction(s) as to which it exercises its right to terminate; (i) Subscriber fails to comply with any reasonable directive regarding health and safety from NovaCare, NovaCare's workers' compensation carrier, or any government agency with jurisdiction over a health or safety matter; or (j) Subscriber misrepresents workers' compensation or Fair Labor Standards Act classification or inaccurately reports employee payroll hours, pay rate or salary.

By NovaCare. NovaCare may terminate this Agreement upon notice to Subscriber, in the event that: (a) Subscriber fails to pay any sums due hereunder, and such failure continues for three (3) business days after written notice thereof is sent to Subscriber, certified or registered mail, return receipt requested; (b) Subscriber fails at any time to procure or maintain any insurance coverage required by this Agreement; (c) Subscriber fails to perform or observe any duty, obligation or covenant contained in this Agreement other than those set forth in subparagraph (a) or subparagraph (b) above, and such failure continues for ten (10) days after written notice thereof is sent to Subscriber, certified or registered mail, return receipt requested; (d) Subscriber becomes insolvent (that is, unable to pay its debts as they mature or in accordance with customary business practice) or commits an act of bankruptcy, or applies for, consents to, or acquiesces in the appointment of a trustee or a receiver for it or any of its property, or, in the absence of such application, consent or acquiescence, a trustee or receiver is appointed for Subscriber or for a substantial part of its property and is not discharged within thirty days thereof, or if any bankruptcy or insolvency proceeding proceeding, or, except as otherwise contemplated in Section 12.14 herein, any dissolution or liquidation proceeding, is instituted by or against Subscriber and is consented to or acquiesced in by Subscriber or remains for thirty (30) days undismissed; (e) Subscriber is dissolvedexcept as otherwise contemplated in \ Section 12.14, there occurs the termination, cessation or liquidation of the Subscriber's business; (f) any representation, warranty or statement of material fact made or furnished to NovaCare or NovaCare's representatives by or on behalf of the Subscriber, or any document, instrument or other paper submitted to NovaCare or NovaCare's representatives by or on behalf of Subscriber, is false or misleading in any material respect; (g) NovaCare determines, and obtains an opinion of counsel to the effect, that all or a substantial portion of its receipts hereunder are or will 3 become subject to a sales, value added, gross receipts or similar tax in a particular jurisdiction as to which it exercises its right to terminate; ; 3 (h) changes in federal, state or local law, regulation or controlling legal interpretation occur that make it legally impossible or economically impractical for NovaCare to carry out its obligations hereunder in the jurisdiction(s) as to which it exercises its right to terminate; (i) Subscriber fails to comply with any reasonable directive regarding health and safety from NovaCare, NovaCare's workers' compensation carrier, or any government agency with jurisdiction over a health or safety matter; or (j) Subscriber misrepresents workers' compensation or Fair Labor Standards Act classification or inaccurately reports employee payroll hours, pay rate or salary.

By NovaCare. NovaCare may terminate this Agreement upon notice to Subscriber, in the event that: (a) Subscriber fails to pay any sums due hereunder, and such failure continues for three (3) business days after written notice thereof is sent to Subscriber, certified or registered mail, return receipt requested; (b) Subscriber fails at any time to procure or maintain any insurance coverage required by this Agreement; (c) Subscriber fails to perform or observe any duty, obligation or covenant contained in this Agreement other than those set forth in subparagraph (a) or subparagraph (b) above, and such failure continues for ten (10) days after written notice thereof is sent to Subscriber, certified or registered mail, return receipt requested; (d) Subscriber becomes insolvent (that is, unable to pay its debts as they mature or in accordance with customary business practice) or commits an act of bankruptcy, or applies for, consents to, or acquiesces in the appointment of a trustee or a receiver for it or any of its property, or, in the absence of such application, consent or acquiescence, a trustee or receiver is appointed for Subscriber or for a substantial part of its property and is not discharged within thirty days thereof, or if any bankruptcy or insolvency proceeding proceeding, or, except as otherwise contemplated in Section 12.14 herein, any dissolution or liquidation proceeding, is instituted by or against Subscriber and is consented to or acquiesced in by Subscriber or remains for thirty (30) days undismissed; (e) Subscriber is dissolved; (f) any representationexcept as otherwise contemplated in Section 12.14, warranty there occurs the termination, cessation or statement of material fact made or furnished to NovaCare or NovaCare's representatives by or on behalf liquidation of the Subscriber, or any document, instrument or other paper submitted to NovaCare or NovaCare's representatives by or on behalf of Subscriber, is false or misleading in any material respectbusiness; (g) NovaCare determines, and obtains an opinion of counsel to the effect, that all or a substantial portion of its receipts hereunder are or will 3 become subject to a sales, value added, gross receipts or similar tax in a particular jurisdiction as to which it exercises its right to terminate; (h) changes in federal, state or local law, regulation or controlling legal interpretation occur that make it legally impossible or economically impractical for NovaCare to carry out its obligations hereunder in the jurisdiction(s) as to which it exercises its right to terminate; (i) Subscriber fails to comply with any reasonable directive regarding health and safety from NovaCare, NovaCare's workers' compensation carrier, or any government agency with jurisdiction over a health or safety matter; or (j) Subscriber misrepresents workers' compensation or Fair Labor Standards Act classification or inaccurately reports employee payroll hours, pay rate or salary.

By NovaCare. NovaCare may terminate this Agreement upon notice to Subscriber, in the event that: (a) Subscriber fails to pay any sums due hereunder, and such failure continues for three (3) business days after written notice thereof is sent to Subscriber, certified or registered mail, return receipt requested; (b) Subscriber fails at any time to procure or maintain any insurance coverage required by this Agreement; (c) Subscriber fails to perform or observe any duty, obligation or covenant contained in this Agreement other than those set forth in subparagraph (a) or subparagraph (b) above, and such failure continues for ten (10) days after written notice thereof is sent to Subscriber, certified or registered mail, return receipt requested; (d) Subscriber becomes insolvent (that is, unable to pay its debts as they mature or in accordance with customary business practice) or commits an act of bankruptcy, or applies for, consents to, or acquiesces in the appointment of a trustee or a receiver for it or any of its property, or, in the absence of such application, consent or acquiescence, a trustee or receiver is appointed for Subscriber or for a substantial part of its property and is not discharged within thirty days thereof, or if any bankruptcy or insolvency proceeding proceeding, or, except as otherwise contemplated in Section 12.14 herein, any dissolution or liquidation proceeding, is instituted by or against Subscriber and is consented to or acquiesced in by Subscriber or remains for thirty (30) days undismissed; (e) Subscriber is dissolvedexcept as otherwise contemplated in Section 12.14, there occurs the termination, cessation or liquidation of the Subscriber's business; (f) any representation, warranty or statement of material fact made or furnished to NovaCare or NovaCare's representatives by or on behalf of the Subscriber, or any document, instrument or other paper submitted to 3 NovaCare or NovaCare's representatives by or on behalf of Subscriber, is false or misleading in any material respect; (g) NovaCare determines, and obtains an opinion of counsel to the effect, that all or a substantial portion of its receipts hereunder are or will 3 become subject to a sales, value added, gross receipts or similar tax in a particular jurisdiction as to which it exercises its right to terminate; (h) changes in federal, state or local law, regulation or controlling legal interpretation occur that make it legally impossible or economically impractical for NovaCare to carry out its obligations hereunder in the jurisdiction(s) as to which it exercises its right to terminate; (i) Subscriber fails to comply with any reasonable directive regarding health and safety from NovaCare, NovaCare's workers' compensation carrier, or any government agency with jurisdiction over a health or safety matter; or (j) Subscriber misrepresents workers' compensation or Fair Labor Standards Act classification or inaccurately reports employee payroll hours, pay rate or salary.