Consequences of Suspension or Termination. The CCCs status will be amended in the NACCC Directory of Child Contact Centres and the NACCC website The NACCC information line will not give out its details to referrers or enquirers. Where Cafcass / Cafcass Cymru, Government, Local Authorities or a Health and Social Care Trust is a funder or referrer to the centre they will be notified. Accreditation will be suspended in the following circumstances: Non-payment of annual membership subscription or other required sums on time. Failure or provide up to date statistics or other information, as requested. Failure to provide contact details. A complaint against the centre is upheld after a full investigation by NACCC where the complaint evidences a breach of NACCC standards that has not been rectified. Failure to meet the (re) accreditation timetable. Failure to cooperate with the assigned NACCC Assessor or NACCC staff. NACCC is not limited by this list and may suspend or terminate accreditation and / or membership at any time at the discretion of NACCC.
Consequences of Suspension or Termination. 25.1 Upon termination of the Centre Agreement (howsoever caused) or suspension, withdrawal or expiry of the Approval (in full or in part):
25.1.1 clause 12 (Withdrawal) will apply;
25.1.2 all outstanding sums payable under the Centre Agreement shall immediately become due and payable;
25.1.3 the Centre shall cease to use any of BIIAB’s property, the BIIAB Intellectual Property and all of the materials produced by or on behalf of the Centre using such BIIAB Intellectual Property (and destroy or return any of these at BIIAB’s request).
25.2 On termination of the Centre Agreement for any reason, the Approval will cease, however, each Party’s accrued rights and liabilities as at the date of termination, clause 9 (Security), clause 12 (Withdrawal), clause 17 (Intellectual Property), clause 20 (Retention of records), clause 18 (Database of Learners), clause 19 (Confidentiality), clause 21 (Fees and payments), clause 22 (Limitation of liability and indemnity), clause 25 (Consequences of suspension or termination), and clause 27.14(Governing Law and Jurisdiction) will survive and continue in full force and effect.
Consequences of Suspension or Termination. 15.1 If Xxxxxxxx Xxxxxx suspends any Service in accordance with this Agreement it must promptly recommence the Service once the default has been remedied or the Emergency has passed (as applicable). Customer must continue to pay the Prices during any period of suspension.
15.2 Termination or expiry of the Agreement for any reason does not:
(a) release Customer from the obligation to pay any monies to Xxxxxxxx Xxxxxx whether due before or after termination of the Agreement;
(b) excuse the payment of any instalment of the Price, nor does it entitle Customer to any refund of any instalment of the Price; or
(c) discharge either Party from any liability which has been incurred by that Party prior to termination of the Agreement.
15.3 At the end of the Agreement:
(a) Xxxxxxxx Xxxxxx shall have the right to enter on Customer’s site and take possession of its equipment, resources, Xxxxxxxx Xxxxxx tools and other Intellectual Property Rights;
(b) each Party must immediately return to the other Party or certify in writing to the other Party that it has destroyed, all copies and partial copies of the other Party’s Confidential Information or any material that includes the other Party’s Intellectual Property Rights.
15.4 If Xxxxxxxx Xxxxxx terminates the Agreement under clause 14.3 then Customer shall not be required to pay any Prices for any period that is after the last day of the Agreement, and if Xxxxxxxx Xxxxxx has received any Prices in advance that relate to a period after the last day of the Agreement, Xxxxxxxx Xxxxxx shall refund them promptly after the least day of the Agreement (subject to deducting any amounts due to Xxxxxxxx Xxxxxx under this Agreement).
Consequences of Suspension or Termination. 24.1 The Approved Centre shall take all reasonable steps to act in the Learners’ legitimate best interests in the event of suspension or expiry of Approval and/or during any investigation conducted by Active IQ, or in the event of termination of the Approved Centre Agreement pursuant to clause 23, including, but not limited to, such co-operation as may be required to effect the transfer of Learners to another approved centre.
24.2 Upon termination of the Approved Centre Agreement (howsoever caused) or suspension, withdrawal or expiry of the Approval:
24.2.1 all outstanding sums payable under the Approved Centre Agreement shall immediately become due and payable;
24.2.2 the Approved Centre shall immediately cease to advertise any of the Qualifications; and
24.2.3 the Approved Centre shall immediately cease to use the Active IQ Approved Centre Logo in connection with promotion of any Qualifications or other business activities.
24.3 Immediately upon termination of the Approved Centre Agreement (or suspension, withdrawal or expiry of the Approval), the Approved Centre will, at Active IQ’s reasonable request, fulfil those specified obligations to Active IQ and/or the Learners which remain unfinished as at the date of termination, expiry or suspension, and upon completion of such obligations:
Consequences of Suspension or Termination. 24.1 The Centre shall take all reasonable steps (at its own cost) to act in the Learners’ legitimate best interests in the event of suspension or expiry of Approval and/or during any investigation conducted by SEG Awards, or in the event of termination of the Centre Agreement pursuant to clause 23, including, but not limited to, such co-operation as may be required to effect the transfer of Learners to another Recognised Centre.
24.2 Upon termination of the Centre Agreement (howsoever caused) or suspension, withdrawal or expiry of the Approval:
Consequences of Suspension or Termination. 8.1 You acknowledge that we have incurred costs in relation to the delivery of the Trunking Services and accordingly you agree that you shall not be entitled to a refund of any Trunking Fees in the event of:
(a) termination by you for convenience pursuant to paragraph 7.2, if you are not the sole Carrier participating in that Trunking Scheme;
(b) termination by us for your breach of contract or Insolvency Event pursuant to clause 7.2 of the General Access Terms and Conditions; or
(c) (subject to paragraph 8.2) termination for any other reason.
8.2 You shall be entitled to a refund of the portion of the Trunking Fees that have been paid in advance in respect of Trunking Services not provided by us subsequent to termination only if any of the following occurs:
(a) termination by us for convenience pursuant to paragraph 7.2;
(b) termination by you for convenience pursuant to paragraph 7.2 if you are the sole Carrier participating in that Trunking Scheme;
(c) termination by us arising as a consequence of a change in law, change in regulation or decision by any regulatory body pursuant to paragraph 7.3(b); or
(d) termination by you for our breach of contract or Insolvency Event pursuant to clause 7.2 of the General Access Terms and Conditions, in which case your refund will be calculated by reference to the proportion of the Trunking Scheme Period that has not elapsed as at the effective date of termination, less any costs that we have incurred in anticipation of providing the affected Trunking Scheme that we are unable to recover following termination or other costs that we reasonably incur as a consequence of such termination.
8.3 For the avoidance of doubt the termination or expiry of this Part 4, or for the duration of any period of suspension, shall not affect your Contract and the terms of your Contract will continue to apply in their entirety (including, for the avoidance of doubt, terms of your Contract that require you to hand over Mailing Items to an Inward Mail Centre that bear Postcodes served by that particular Inward Mail Centre). You may opt to use certain of our Operational Presentation Facilities services, in line with the Contract and the following Parts of this Schedule 5: • Part 1 – Mixed Weight; • Part 2 – Tray Decanting; • Part 3 – Acceptance by Vehicle; • Part 4 – Mixing Supply Chain IDs; • Part 5 – Digital Stamps; and • Part 6 – 48-Way Sort Mech Letter Option. This Schedule 5 sets out the terms and conditions which apply to the use of th...
Consequences of Suspension or Termination. 12.1. Upon any termination of Services, the Customer shall:
12.1.1. surrender the Rack space in the same condition as it was at the beginning of the Commitment Period , reasonable wear and tear excepted; and
12.1.2. be responsible, at its own cost and expense, for removing the Communication Equipment, any ancillary equipment, and reimburse stc for any costs or expenses reasonably incurred by stc in repairing any damage caused by such removal; and
12.1.3. if the Customer fails to promptly remove the Communication Equipment or any ancillary equipment, stc shall be entitled to do so without any liability to the Customer for any damage caused to the Communication Equipment or the ancillary equipment, and shall be entitled to sell all or part of such Communication Equipment and ancillary equipment to recover the cost of such removal.
Consequences of Suspension or Termination. 14.1 Without prejudice to any other rights or remedies that EBU may have under the Contract or at law, in the event EBU suspends the Contract and/or the Order in accordance with the provisions of the Contract or any other condition set out in the Contract, EBU shall be entitled to suspend any payment to be carried out to the Supplier without any liabilities to the Supplier.
14.2 Without prejudice to any other rights or remedies that EBU may have under the Contract or at law, in the event EBU terminates the Contract and/or the Order in accordance with the provisions of the Contract or any other condition set out in the Contract, the Supplier shall (i) refund EBU with any payment carried out by EBU for the supply and delivery of the Deliverables and any expense incurred by EBU in order to find an alternative service provider, including but not limited to any amount in excess of the Price set out by the Supplier for the supply and delivery of the Deliverables, (ii) the Supplier shall at its cost forthwith return all EBU’s confidential information and property and EBU may enter into any premises to recover such items at the Supplier’s cost. In such event, EBU shall have no further liabilities to the Supplier.
14.3 In the event EBU requests the Supplier to continue to supply and delivery of the Deliverables during the period preceding the effective termination as determined by EBU to the Supplier, the Supplier shall provide such assistance as is reasonably requested in order to facilitate the transfer of the provision of the Deliverables to any other service provider if appropriate.
14.4 Upon termination or expiry of the Contract and/or any Order or at any time during the term of the Contract and/or of the Order for whatever reason, Supplier shall at EBU’s option and at no costs to EBU, and in any event within 30 (thirty) calendar days from the date of cessation of any services (i) make available to EBU a downloadable file, in the format specified by EBU , displaying all Data gathered by Supplier during the term of the Contract and/or any Order or (ii) delete and destroy (so that it cannot be recovered or reconstructed) all Data and certify to EBU that it has done so within 30 (thirty) calendar days of the cessation date, unless legislation imposed upon the Supplier prevents it from returning or destroying all or part of the Data in which case the Supplier shall notify EBU in writing of that legal requirement. Supplier warrants that it will guarantee the confid...
Consequences of Suspension or Termination. 25.1. The Centre shall take all reasonable steps to act in the Learners’ legitimate best interests in the event of suspension or expiry of Approval and/or during any investigation conducted by VTCT, or in the event of termination of the Centre Agreement pursuant to clause 23, including, but not limited to, such co- operation as may be required to effect the transfer of Learners to another Approved Centre.
25.2. Upon termination of the Centre Agreement (howsoever caused) or suspension, withdrawal or expiry of the Approval:
25.2.1. all outstanding sums payable under the Centre Agreement shall immediately become due and payable;
25.2.2. the Centre shall immediately cease to advertise any of the Qualifications; and
25.2.3. the Centre shall immediately cease to use the VTCT Approved Centre Logo in connection with promotion of any Qualifications or other business activities.
25.3. Immediately upon termination of the Centre Agreement (or suspension, withdrawal or expiry of the Approval), the Centre will, at VTCT’s reasonable request, fulfil those specified obligations to VTCT and/or the Learners which remain unfinished as at the date of termination, expiry or suspension, and upon completion of such obligations:
25.3.1. cease to use any of VTCT’s property, the VTCT Intellectual Property and all of the materials produced by or on behalf of the Centre using such VTCT Intellectual Property (and destroy or return any of these at VTCT’s request) and do such things and execute and deliver all further documents as may be necessary to vest all rights, title and interest to VTCT under the Centre Agreement;
25.3.2. cease to deliver the Qualifications; and
25.3.3. cease to use any VTCT IT/Digital systems (if applicable).
25.4. On termination of the Centre Agreement for any reason, the Approval will cease, however, each Party’s accrued rights and liabilities as at the date of termination, clause 9 (Security), clause 12 (Withdrawal), clause 17 (Intellectual Property), clause 20 (Retention of records), clause 18 (Database of Learners), clause 19 (Confidentiality), clause 20 (Retention of Records), clause 21 (Fees and payments), clause 22 (Limitation of liability and indemnity), clause 24 (Consequences of suspension or termination), and clause 26.13 (Governing Law and Jurisdiction) will survive and continue in full force and effect.
Consequences of Suspension or Termination. 38.1 Following termination by the Purchaser of this Contract, the Provider shall be entitled to such proportion of the Contract Price as represents a fair and reasonable value of that part of the Services carried out up to the date of termination provided always that the Purchaser reserves the right to deduct from any such sum the amount of any claim the Purchaser may have in respect of any breach, Contract Non-Compliance and / or failure by the Provider to perform its obligations under this Contract.
38.2 The Purchaser shall not in any circumstances be liable to the Provider for any losses or expenses arising out of termination or suspension, and no payment shall be due from the Purchaser under this Contract during any period of suspension pursuant to Clause 29.6 or otherwise.
38.3 The Provider shall upon the termination of the Contract immediately deliver up to the Purchaser all correspondence, documents and other property belonging to the Purchaser which may be in its possession or under its control.
38.4 The Provider shall co-operate in good faith with the Purchaser to ensure an orderly exit from the Contract in the event of its expiry or termination.
38.5 The provisions of this Clause shall survive the termination or expiry of this Contract.
