Common use of EXCLUSION AND TERMINATION Clause in Contracts

EXCLUSION AND TERMINATION. 14.1 Parties may be excluded from this Agreement on notice from the Commissioners in the event of: 14.1.1 the termination of their Contract; 14.1.2 an event of Insolvency affecting them. 14.2 A Party may withdraw from this Agreement by giving not less than 3 months' written notice to each of the other Parties representatives on the Place Board. 14.3 A Party may be excluded from this Agreement on written notice from all of the remaining Parties in the event of a material or persistent breach of the terms of this Agreement by the relevant Party which has not been rectified within 30 days of notification issued by the remaining Parties or which is no reasonably capable of remedy. In such circumstances this Agreement shall be partially terminated in respect of the excluded Party. 14.4 The Place Board may resolve to terminate this Agreement in whole where: 14.4.1 a Dispute cannot be resolved pursuant to the Dispute Resolution Procedure; or 14.4.2 where the Parties agree for this Agreement to be replaced by a formal legally binding agreement between them. 14.5 Where a Party is excluded from this Agreement, or withdraws from it, the Parties recognise that the associated Contract may be terminated and/or varied to reflect how the impacted Services are to be delivered. In addition to any specific obligations under the relevant Contract and to ensure a smooth transfer of Services the Parties agree to work together in good faith to agree the necessary changes so that the Services continue to be provided for the benefit of the Population. The excluded Party shall procure that all data and other material belonging to any other Party shall be delivered back to the relevant Party or deleted or destroyed (as instructed by the relevant Party) as soon as reasonably practicable.

Appears in 2 contracts

Samples: Overarching Integrated Care Partnership Agreement, Rotherham Integrated Care Partnership Agreement

AutoNDA by SimpleDocs

EXCLUSION AND TERMINATION. 14.1 15.1 Parties may be excluded from this Agreement on notice from this SPA and participation in the Commissioners Health and Care Partnerships and ICB in the event of: 14.1.1 15.1.1 the termination of their Services Contract;; or 14.1.2 15.1.2 an event of Insolvency affecting them. 14.2 A 15.2 Without affecting any other right or remedy available to it, any Party may withdraw from exit this Agreement by SPA on giving not less than 3 6 months' written notice to each of the other Parties representatives on the Place BoardICB. 14.3 A 15.3 Any Party may also be excluded from this Agreement on written notice from all of the remaining Parties SPA and participation in the event of a material or persistent breach of Health and Care Partnerships and ICB if the Party in question has materially breached the terms of this Agreement by a resolution passed at a meeting of the relevant ICB of not less than 75% of the Parties voting at that meeting. The Party which has not been rectified within 30 days is the subject of notification issued by the remaining Parties or which is no reasonably capable of remedy. In such circumstances this Agreement resolution to remove it from SPA shall be partially terminated in respect of entitled to make representations to the excluded Partyother Parties at the ICB meeting at which the resolution is being proposed prior to any vote being taken on such resolution. 14.4 The Place Board may resolve to terminate this Agreement in whole where: 14.4.1 a Dispute cannot be resolved pursuant to the Dispute Resolution Procedure; or 14.4.2 where the Parties agree for this Agreement to be replaced by a formal legally binding agreement between them. 14.5 15.4 Where a Party is excluded from this AgreementSPA, or withdraws from it, the Parties recognise that the associated Contract may be terminated and/or varied to reflect how the impacted Services are to be delivered. In addition to any specific obligations under the relevant Contract and to ensure a smooth transfer of Services the Parties agree to work together in good faith to agree the necessary changes so that the Services continue SPA continues to be provided operate effectively on a Best for the benefit of the PopulationBradford District and Xxxxxx basis. The excluded Any departing Party (whether exiting or excluded) shall procure that all data and other material belonging to any other Party under this SPA shall be delivered back to the relevant Party or Party, deleted or destroyed (as instructed by the relevant Party) as soon as reasonably practicablepracticable and confirm to the remaining Party when this has been completed. The departing Party shall also on exit grant a new licence to the remaining Parties to continue to use any of its existing or new Intellectual Property under the terms of Clause 23 to the extent that it remains required for the sole purpose of the fulfilment of the remaining Parties obligations under this SPA.

Appears in 1 contract

Samples: Strategic Partnering Agreement

AutoNDA by SimpleDocs

EXCLUSION AND TERMINATION. 14.1 Parties 15.1 A Provider may be excluded from this Agreement on notice from the Commissioners (acting in consensus) in the event of: 14.1.1 15.1.1 the termination of their Contract; 14.1.2 15.1.2 an event of Insolvency affecting them. 14.2 15.2 A Party may withdraw from this Agreement by giving not less than 3 months' written notice to each of the other Parties Parties’ representatives on the Place Board. 14.3 15.3 A Party may be excluded from this Agreement on written notice from all of the remaining Parties in the event of a material or persistent breach of the terms of this Agreement by the relevant Party which has not been rectified within 30 days of notification issued by the remaining Parties (acting in consensus) or which is no not reasonably capable of remedy. In such circumstances this Agreement shall be partially terminated in respect of the excluded Party. 14.4 15.4 The Place Board may resolve to terminate this Agreement in whole where: 14.4.1 15.4.1 a Dispute cannot be resolved pursuant to the Dispute Resolution Procedure; or 14.4.2 15.4.2 where the Parties agree for this Agreement to be replaced by a formal legally binding agreement between them. 14.5 Where a Party is excluded from this Agreement, or withdraws from it, the Parties recognise that the associated Contract may be terminated and/or varied to reflect how the impacted Services are to be delivered. In addition to any specific obligations under the relevant Contract and to ensure a smooth transfer of Services the Parties agree to work together in good faith to agree the necessary changes so that the Services continue to be provided for the benefit of the Population. The excluded Party shall procure that all data and other material belonging to any other Party shall be delivered back to the relevant Party or deleted or destroyed (as instructed by the relevant Party) as soon as reasonably practicable.

Appears in 1 contract

Samples: Integrated Care Partnership Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!