Immediate Termination by Either Party. Without prejudice to any accrued rights and remedies under this Agreement, either Party may terminate this Agreement immediately by giving written notice to the other Party upon the occurrence of any of the following events (provided such notice to terminate is given within three (3) months following the occurrence of the event):
i. if the other Party commits any material breach of any of its obligations under this Agreement and, in the case of any breach which is capable of remedy, fails to remedy such breach within seven (7) days of delivery of a written notice to the other Party specifying such breach (or such longer period as the notice may specify); or
ii. if the other Party becomes insolvent, enters into liquidation (apart from solvent liquidation for the purposes of amalgamation or reconstruction) or is dissolved or declared bankrupt or has a receiver, administrator or administrative receiver appointed over all or a substantial part of its assets or enters into an arrangement with its creditors or takes or suffers similar action.
Immediate Termination by Either Party. (a) This Agreement may be terminated immediately, at the option of the other party (to be exercised in the absolute discretion of such other party), upon the occurrence of any of the following with respect to either IPA or MANAGER: (i) such party shall dissolve, (ii) such party shall file a bankruptcy petition, (iii) an involuntary order for relief or bankruptcy petition shall be filed against such party and the same shall not have been dismissed within sixty (60) days from the date of entry or filing, (iv) such party shall make a general filing for the benefit of creditors, or (v) there shall occur the appointment of a receiver, trustee, custodian, or liquidator of or for any part of the assets or property of such party.
Immediate Termination by Either Party. This Agreement may be ------------------------------------- terminated immediately by either party in the event that:
(i) The other party is in material breach of Section 9; or
(ii) The other party becomes insolvent or makes any assignment for the benefit of creditors or similar transfer evidencing insolvency; or suffers or permits the commencement of any form of insolvency or receivership proceeding; or has any petition under any bankruptcy law filed against it, which petition is not dismissed within sixty (60) days of such filing; or has a trustee or receiver appointed for its business or assets or any part thereof.
Immediate Termination by Either Party. Notwithstanding any other provision of this agreement, either party shall have the right to terminate or suspend this agreement immediately, without penalty, upon delivery of written notice or at such later date as may be contained in the notice if:
a. A party becomes legally disqualified to provide services required by this agreement, or any license, certification, registration or other authorization required by a party to provide the services as contemplated by this agreement is suspended, conditioned or revoked, without regard to whether or not such suspension, condition or revocation has been finally adjudicated;
b. Federal or state regulations or guidelines are modified, changed or interpreted in such a way that either party determines that services are no longer allowable or appropriate for purchase under this agreement or are no longer eligible for the funding of proposed payments under this agreement;
c. The CMS agreement is terminated or expires for any reason, or CMS funding is withdrawn, reduced or limited, or Saint Mary’s expenditures are greater than anticipated, such that funds are insufficient to allow for the purchase of services as required by this agreement;
d. The other party materially breaches the agreement and such breach is not curable or is curable but the party fails to cure within one hundred twenty (120) days after receiving notice of the breach;
e. Either party is convicted of a felony in any state or federal court of the United States, or is excluded from participation in any federal health care program, including Medicare or Medicaid; or
f. A petition is filed in a court of record jurisdiction to declare either party bankrupt or for reorganization under the bankruptcy laws of the United States or any similar statute of a state in the United States, or if a trustee in bankruptcy or a receiver is appointed for such party, and petition, trustee, or receiver, as the case may be, is not dismissed within one hundred and twenty (120) days thereof.
Immediate Termination by Either Party. Either Party may terminate this Agreement immediately by providing written notice to the other Party upon (i) the filing by or against a Party in a court of competent jurisdiction of a petition for bankruptcy, reorganization, dissolution, liquidation, or receivership; or (ii) the inability of a Party to pay its debts as they mature as evidenced by an order from a Government Agency or court of competent jurisdiction or an assignment of assets by a Party for the benefit of its creditors.
Immediate Termination by Either Party. Either Party may immediately terminate this Agreement by notifying the other Party in writing if, due to an interpretation of an existing law or regulation, or the issuance of any new laws or regulations, there is reason to believe that the arrangement described in this Agreement is no longer supportable, or that there is a reasonable expectation that the arrangement as described in this Agreement would, upon review by a regulatory agency or other authoritative third party, be deemed to be inconsistent with either Party’s applicable legal obligations. In addition, a Party may terminate this Agreement immediately if the other Party becomes insolvent; terminates its business; files or is the subject of a bankruptcy petition; or is the subject of any debtor relief action.
Immediate Termination by Either Party. Either Party will have the right to terminate the Agreement immediately upon providing written notice upon the occurrence of any of the following events of material default by the other Party: The Party’s insolvency, bankruptcy, receivership, dissolution or making any assignment for the benefit of creditors; Failure to comply with any applicable federal, state or local laws, rules and regulations applicable to the Party’s performance under the Agreement; The criminal indictment or conviction of the Party or any officer, director, major stockholder, or employee of the Party, or Subcontractor of Agent that either, materially affects the notifying Party’s ability to carry out its obligations under the Agreement, or involves moral turpitude or claims of dishonesty by the Party; Any civil judgment against the Party, or any officer, director, major stockholder, employee of the Party, or Subcontractor of Agent that either materially affects the Party’s ability to carry out its obligations under the Agreement or involves moral turpitude or claims of dishonesty; A violation of the Confidentiality and Trademark obligations contained in the Agreement; White Label Operator Name will have the right to terminate the Agreement immediately upon providing written notice upon the occurrence of any of the following events of material default by Agent: Agent’s intentional or willful misrepresentation of the Services or the cost of the Services; or Agent's breach of the Agreement three (3) or more times during the Agreement. White Label Operator Name will have the right to terminate the Agreement upon providing written notice and a thirty (30) day cure period in the event of a breach of any of the following: Agent’s material breach of any representation or obligation in the Agreement not covered in the preceding Section; or A violation of any White Label Operator Name Policy provided to Agent in writing or posted on the Agent Portal other than breaches covered in the preceding Section.
Immediate Termination by Either Party. Upon the occurrence of any of the following events, either party may terminate this Agreement effective immediately upon written notice to the other:
(a) The other party shall be or become insolvent as defined in the Bankruptcy Code, or is not generally paying its debts as such debts become due; makes any general assignment for the benefit of creditors; or becomes involved in a receivership, reorganization or any other law for the relief of debtors.
(b) The other party shall fail to perform properly in all material respects its obligations hereunder and such failure shall not be remedied within fifteen (15) days after receipt of written notice pursuant to Section 8.2.
Immediate Termination by Either Party. 21.1 Either party may immediately terminate this Agreement in the event that the other party:
a) goes into liquidation, whether voluntary or involuntary; or
b) takes the benefit of any insolvency law; or
c) is judicially declared insolvent or bankrupt; or
d) fails to account and make payments thereunder, and such failure is not cured within ten
Immediate Termination by Either Party. A party may terminate this Agreement immediately upon written notice to the other Party in the event that:
5.4.1 The other Party, or any employee or independent contractor of the other Party, is suspended, terminated, debarred, excluded or otherwise ineligible from participation in the Medicare or TennCare programs, or any other federal or state health care program;or
5.4.2 The other Party files a voluntary petition in bankruptcy, or is adjudicated as bankrupt or insolvent, or files a petition or other pleading seeking any reorganization, composition, readjustment, liquidation or similar relief for itself under any present or future law or regulation, or seeks or consents to or acquiesces in the appointment of any trustee, receiver or liquidator of it or of all or any substantial part of its assets, or makes a general assignment for the benefit of creditors, or admits in writing its inability to pay its debts generally as they become due.
