By the Community. (a) We reserve the right to terminate the Agreement prior to your occupying your residence in the event that:
(1) In our opinion your health status or financial condition changes so that you no longer meet the criteria established for residency in the Community; or
(2) You make a material misrepresentation in the medical, financial or other information you give us.
(b) If we terminate this Agreement for the reasons stated in Paragraph (a) (1), above, you will receive a refund of all of your Entrance Fee within a reasonable period of time, less:
(1) Those costs specifically incurred by the Community at your request as described in any addendum to this Agreement and signed by you; and
(2) A reasonable service fee of no more than one percent (1%) of your Entrance Fee.
(c) If we terminate this Agreement for the reasons stated in Paragraph (a) (2), above, you will receive a refund of all of your Entrance Fee once we have received an Entrance Fee from a new resident for your unit, less:
(1) Those costs specifically incurred by the Community at your request as described in any addendum to this Agreement and signed by you; and
(2) A reasonable service fee of no more than one percent (1%) of your Entrance Fee.
By the Community. We reserve the right to terminate this Agreement for just cause including but not limited to any one or more of the following: • Failure on your part to abide by the rules adopted by us; • The making of any material misrepresentation or omission in connection with your application for admission; • A breach by you of any other terms of the Agreement; or • If we, and your physician determine that you are no longer able to live safely in your residence. We assume no responsibility to make any such determination. In such case, we shall serve upon you written notice of termination specified to be effective on a date not less than thirty (30) days nor more than one hundred and twenty (120) days after the date of notice. We reserve the right to terminate this Agreement if your continued presence has become seriously disruptive to or a threat to your life, health, safety or peace or that of other residents or other persons on the premises. In such a case, we may terminate the contract and require that you vacate the Community in twenty-four (24) hours. In the event the Agreement is terminated by us, you shall move from and surrender your unit on or before the termination date in any such notice. You will receive a refund equal to the total Entrance Fee paid to us, less an administrative fee equal to 1% of the Entrance Fee, less any costs incurred by us at your request. On the effective date of such termination, your obligation to continue to pay your monthly fee shall cease.
