Common use of Cancellation of Contract/Liquidated Damages Clause in Contracts

Cancellation of Contract/Liquidated Damages. Any Professional Employee who is under contract with the College will be released from that contract only by formal action of the Board when the resignation is deemed to be in the best interest of the College. The Professional Employee requesting the release shall make application in writing to the President of the College stating the specific reasons for the requested release. Each such request will be judged on its own merits, with consideration given to the reason for the request, difficulty in promptly filing a vacated position, disruption to the education process caused by the resignation, and any diminution of the quality of education provided to students. The Board shall not be required to release a Professional Employee from contract. The Board may assess liquidated damages for a resignation after the fourteenth (14th) calendar day following the third (3rd) Friday in May, or a failure to complete the full term of a contract, according to the following schedule: After the 14th calendar day following the 3rd Friday in May through June 30 $ 500.00 July 1 through July 31 $1,000.00 August 1 through the end of the school year $2,000.00 All liquidated damages, based on the schedule above, are due when the request for release is presented to the Board. Notwithstanding the statutory date for notice of resignation by a Professional Employee set forth in K.S.A. 72-2251, and amendments thereto, this section shall control assessment of liquidated damages. At the same time the Professional Employee requests a release from the Professional Employee’s contract, the Professional Employee may request that the liquidated damages be waived by making an application in writing to the President of the College stating the specific reasons for the requested waiver. Each such request will be judged on its own merits, and a hearing will be held before a panel of two Professional Employees appointed by the Association and two administrators appointed by the President. The hearing will be held within five working days after being received by the President. The Professional Employee shall be notified of the date, time and place of the hearing and shall have the opportunity to address the Appeals Panel. The Appeals Panel will make a recommendation to the Board at their next regularly scheduled meeting. The Board may choose to accept or reject the recommendation of the Appeals Panel. A Professional Employee not released from contract will be expected to continue discharge of duties until the end of a contract term or any subsequent action of the Board releasing the Professional Employee. A Professional Employee currently under contract shall be determined to be under contract for the next teaching year unless a resignation is submitted on or before the fourteenth (14th) calendar day following the third (3rd) Friday in May. New Professional Employees shall be determined to be under contract once a signed contract has been received by the College. Any Professional Employee who is not released from a contract by Board action shall fulfill the terms of such contract and any action by the Professional Employee resulting in a failure to fulfill the terms of the contract shall amount to a breach of contract and will subject the Professional Employee to any and all legal remedies available to the Board. In the event of a breach of contract by the Professional Employee, appropriate notation of the same will be placed in the Professional Employee’s personnel file.

Cancellation of Contract/Liquidated Damages. Any Professional Employee who is under contract with the College will be released from that contract only by formal action of the Board when the resignation is deemed to be in the best interest of the College. The Professional Employee requesting the release shall make application in writing to the President of the College stating the specific reasons for the requested release. Each such request will be judged on its own merits, with consideration given to the reason for the request, difficulty in promptly filing a vacated position, disruption to the education process caused by the resignation, and any diminution of the quality of education provided to students. The Board shall not be required to release a Professional Employee from contract. The Board may assess liquidated damages for a resignation after the fourteenth (14th) calendar day following the third (3rd) Friday in MayMay 15, or a failure to complete the full term of a contract, contract according to the following schedule: After the 14th calendar day following the 3rd Friday in May 16 through June 30 ......................................$ 500.00 July 1 through July 31 $1,000.00 August 1 through the end of the school year $2,000.00 All liquidated damages, based on the schedule above, are due when the request for release is presented to the Board. Notwithstanding the statutory date for notice of resignation by a Professional Employee set forth in K.S.A. 72-2251, and amendments thereto, this section shall control assessment of liquidated damages. At the same time the Professional Employee requests a release from the Professional Employee’s contract, the Professional Employee may request that the liquidated damages be waived by making an application in writing to the President of the College stating the specific reasons for the requested waiver. Each such request will be judged on its own merits, and a hearing will be held before a panel of two Professional Employees appointed by the Association and two administrators appointed by the President. The hearing will be held within five working days after being received by the President. The Professional Employee shall be notified of the date, time and place of the hearing and shall have the opportunity to address the Appeals Panel. The Appeals Panel will make a recommendation to the Board at their next regularly scheduled meeting. The Board may choose to accept or reject the recommendation of the Appeals Panel. A Professional Employee not released from contract will be expected to continue discharge of duties until the end of a contract term or any subsequent action of the Board releasing the Professional Employee. A Professional Employee currently under contract shall be determined to be under contract for the next teaching year unless a resignation is submitted on or before the fourteenth (14th) calendar day following the third (3rd) Friday in MayMay 15. New Professional Employees shall be determined to be under contract once a signed contract has been received by the College. Any Professional Employee who is not released from a contract by Board action shall fulfill the terms of such contract and any action by the Professional Employee resulting in a failure to fulfill the terms of the contract shall amount to a breach of contract and will subject the Professional Employee to any and all legal remedies available to the Board. In the event of a breach of contract by the Professional Employee, appropriate notation of the same will be placed in the Professional Employee’s personnel file.

Cancellation of Contract/Liquidated Damages. Any Professional Employee who is under contract with the College will be released from that contract only by formal action of the Board when the resignation is deemed to be in the best interest of the College. The Professional Employee requesting the release shall make application in writing to the President of the College stating the specific reasons for the requested release. Each such request will be judged on its own merits, with consideration given to the reason for the request, difficulty in promptly filing a vacated position, disruption to the education process caused by the resignation, and any diminution of the quality of education provided to students. The Board shall not be required to release a Professional Employee from contract. The Board may assess liquidated damages for a resignation after the fourteenth (14th) calendar day following the third (3rd) Friday in May, or a failure to complete the full term of a contract, according to the following schedule: After the 14th calendar day following the 3rd Friday in May through June 30 $ 500.00 July 1 through July 31 3 $1,000.00 August 1 through the end of the school year $2,000.00 All liquidated damages, based on the schedule above, are due when the request for release is presented to the Board. Notwithstanding the statutory date for notice of resignation by a Professional Employee set forth in K.S.A. 72-2251, and amendments thereto, this section shall control assessment of liquidated damages. At the same time the Professional Employee requests a release from the Professional Employee’s contract, the Professional Employee may request that the liquidated damages be waived by making an application in writing to the President of the College stating the specific reasons for the requested waiver. Each such request will be judged on its own merits, and a hearing will be held before a panel of two Professional Employees appointed by the Association and two administrators appointed by the President. The hearing will be held within five working days after being received by the President. The Professional Employee shall be notified of the date, time and place of the hearing and shall have the opportunity to address the Appeals Panel. The Appeals Panel will make a recommendation to the Board at their next regularly scheduled meeting. The Board may choose to accept or reject the recommendation of the Appeals Panel. A Professional Employee not released from contract will be expected to continue discharge of duties until the end of a contract term or any subsequent action of the Board releasing the Professional Employee. A Professional Employee currently under contract shall be determined to be under contract for the next teaching year unless a resignation is submitted on or before the fourteenth (14th) calendar day following the third (3rd) Friday in May. New Professional Employees shall be determined to be under contract once a signed contract has been received by the College. Any Professional Employee who is not released from a contract by Board action shall fulfill the terms of such contract and any action by the Professional Employee resulting in a failure to fulfill the terms of the contract shall amount to a breach of contract and will subject the Professional Employee to any and all legal remedies available to the Board. In the event of a breach of contract by the Professional Employee, appropriate notation of the same will be placed in the Professional Employee’s personnel file.