Common use of Involuntary Withdrawal Clause in Contracts

Involuntary Withdrawal. Where a member district fails to abide by the terms of this Agreement or meet its financial obligations as established hereunder or by the Board, or fails to abide by the policies or procedures of the Joint Agreement, the Board may seek the expulsion of such member district upon the affirmative vote of two-thirds of the members of the Board. No district shall be required to withdraw prior to the end of a school year. Withdrawal will be effective on July 1 following approval of the expulsion by two-thirds of the members of the Board. A member district that is expelled from the Joint Agreement shall be deemed to irrevocably waive any interest in the assets of the Joint Agreement including but not limited to real property, buildings, equipment and materials, and funds, provided, however, that the Joint Agreement shall return to the expelled member board any unspent Federal IDEA Part B Funds generated by students in the withdrawing member district (i.e., “carryover”). Such member board shall remain liable for its share of any Joint Agreement liabilities that arose or accrued before effective date of expulsion as determined under subsection B.4. above in the case of a member board’s withdrawal. The Joint Agreement shall provide written notice of the proposed expulsion, and the reason(s) therefor, to a member board not less than thirty days before the proposed expulsion is presented to the Joint Agreement Board for approval. Within fifteen (15) days of receipt of written notice of the proposed expulsion, the member boards may submit a written request to the Joint Agreement Executive Director to address the Joint Agreement Board prior to consideration of the proposed expulsion

Appears in 2 contracts

Samples: Joint Agreement, Joint Agreement

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Involuntary Withdrawal. Where a member district board fails to abide by comply with the terms or conditions of this Agreement or these Articles of Joint Agreement, fails to meet its the financial obligations as established hereunder by these Articles of Joint Agreement or by the BoardBoard of Directors, or fails to abide by follow the policies or procedures of the Joint AgreementSEDOM, the SEDOM Board of Directors may seek the expulsion of expel such member district upon the affirmative vote of two-thirds of the members of the Boardboard from SEDOM. No district Expulsion shall be required to withdraw prior to the end of a school year. Withdrawal will be effective on July 1 following approval of the expulsion by two-thirds of the members of the BoardSEDOM Board of Directors. A member district board that is expelled from the Joint Agreement SEDOM shall be deemed to irrevocably waive any interest in the assets of the Joint Agreement SEDOM, including but not limited to real property, buildings, equipment and materials, and funds, provided, however, that the Joint Agreement SEDOM shall return to the expelled withdrawing member board any unspent Federal IDEA Part B Funds generated by students in the withdrawing member district (i.e., “carryover”). Such member board shall remain liable for its share of any Joint Agreement CASE liabilities that arose or accrued before effective date of expulsion as determined under subsection B.4. a.2.(d) above in the case of a member board’s withdrawal. The Joint Agreement SEDOM shall provide written notice of the proposed expulsion, and the reason(s) therefor, to a member board not less than thirty (30) days before the proposed expulsion is presented to the Joint Agreement SEDOM Board of Directors for approval. Within fifteen (15) days of its receipt of written notice of the proposed expulsion, the member boards board may submit a written request to the Joint Agreement SEDOM Executive Director to address the Joint Agreement SEDOM Board of Directors prior to consideration of the proposed expulsion.

Appears in 2 contracts

Samples: Articles of Joint Agreement, Articles of Joint Agreement

Involuntary Withdrawal. Where a member district fails to abide by the terms of this Agreement or meet its financial obligations as established hereunder or by the Board, or fails to abide by the policies or procedures of the Joint Agreement, the Board may seek the expulsion of such member district upon the affirmative vote of two-thirds of the members of the Board. No district shall be required to withdraw prior to the end of a school year. Withdrawal will be effective on July 1 following approval of the expulsion by two-thirds of the members of the Board. A member district that is expelled from the Joint Agreement shall be deemed to irrevocably waive any interest in the assets of the Joint Agreement including but not limited to real property, buildings, equipment and materials, and funds, provided, however, that the Joint Agreement shall return to the expelled member board any unspent Federal IDEA Part B Funds generated by students in the withdrawing member district (i.e., “carryover”). Such member board shall remain liable for its share of any Joint Agreement liabilities that arose or accrued before effective date of expulsion as determined under subsection B.4. above in the case of a member board’s withdrawal. The Joint Agreement shall provide written notice of the proposed expulsion, and the reason(s) therefor, to a member board not less than thirty days before the proposed expulsion is presented to the Joint Agreement Board for approval. Within fifteen (15) days of receipt of written notice of the proposed expulsion, the member boards may submit a written request to the Joint Agreement Executive Director Superintendent to address the Joint Agreement Board prior to consideration of the proposed expulsion

Appears in 1 contract

Samples: Joint Agreement

Involuntary Withdrawal. Where a member district fails to abide by the terms of this Agreement or meet its financial obligations as established hereunder or by the Board, or fails to abide by the policies or procedures of the Joint Agreement, the Board may seek the expulsion of such member district upon the affirmative vote of two-thirds of the members of the Board. No district shall be required to withdraw prior to the end of a school year. Withdrawal will be effective on July 1 following approval of the expulsion by two-thirds of the members of the Board. A member district that is expelled from the Joint Agreement shall be deemed to irrevocably waive any interest in the assets of the Joint Agreement including but not limited to real property, buildings, equipment and materials, and funds, provided, however, that the Joint Agreement shall return to the expelled member board any unspent Federal IDEA Part B Funds generated by students in the withdrawing member district (i.e., “carryover”). Such member board shall remain liable for its share of any Joint Agreement liabilities that arose or accrued before effective date of expulsion as determined under subsection B.4. above in the case of a member board’s withdrawal. The Joint Agreement shall provide written notice of the proposed expulsion, and the reason(s) therefor, to a member board not less than thirty days before the proposed expulsion is presented to the Joint Agreement Board for approval. Within fifteen (15) days of receipt of written notice of the proposed expulsion, the member boards may submit a written request to the Joint Agreement Executive Director to address the Joint Agreement Board prior to consideration of the proposed expulsion ARTICLE VIII PROVISIONS FOR AMENDMENTS Subject to any additional requirements set forth in Section 10-22.31 of the School Code (105 ILCS 5/10-22.31) or other applicable law, an amendment to this Agreement may be made at any meeting of the Board by a two-thirds vote of the membership present

Appears in 1 contract

Samples: Joint Agreement

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Involuntary Withdrawal. Where If any Member refuses to provide use of its facilities for WDSRA programs, subject to the needs and reasonable demands of the Members or should any Member fail to make any payments of its adjusted annual assessment as agreed upon herein, or shall be in default of any other provision of this agreement, any such Member may be involuntarily declared withdrawn from membership in WDSRA and as a member district fails part to abide this agreement as follows: The Board of Directors shall give at least 10 days written notice to the allegedly defaulting Member, which notice shall specify the ground for such declaration of withdrawal and shall set a date certain and a time and place for a hearing before the Board of Directors as to the proposed declaration of involuntary withdrawal. The defaulting Member shall be permitted to appear at said hearing and to submit testimony and evidence as to why it should not be withdrawn from membership in WDSRA and as a party to this agreement. After conclusion of said hearing and upon resolution duly passed by the terms affirmative votes of this Agreement or meet its financial obligations as established hereunder or by the Board, or fails to abide by the policies or procedures of the Joint Agreement, the Board may seek the expulsion of such member district upon the affirmative vote of at least two-/thirds of the members of the BoardBoard of Directors, a defaulting Member may be declared to have been involuntarily withdrawn from membership in WDSRA and as party to this agreement. No district The reason or reasons for such declaration or withdrawal shall be required to withdraw prior to the end of a school year. Withdrawal will be effective on July 1 following approval of the expulsion by two-thirds of the members of the Board. A member district that is expelled from the Joint Agreement shall be deemed to irrevocably waive any interest set forth in the assets declaration passed by the Board of the Joint Agreement including but Directors. Such involuntary withdrawal shall not limited to real property, buildings, equipment and materials, and funds, providedbecome effective, however, that the Joint Agreement shall return to the expelled member board any unspent Federal IDEA Part B Funds generated by students in the withdrawing member district (i.e., “carryover”). Such member board shall remain liable for its share of any Joint Agreement liabilities that arose or accrued before until April 30th next ensuing unless a different effective date of expulsion as determined under subsection B.4. above in the case of a member board’s withdrawal. The Joint Agreement shall provide written notice of the proposed expulsion, be mutually agreed to by WDSRA and the reason(s) thereforMember declared to have been withdrawn as aforesaid. In all events, such withdrawing Member shall continue to a member board not less than thirty days before the proposed expulsion is presented to the Joint Agreement Board be responsible for approval. Within fifteen (15) days of receipt of written notice of the proposed expulsionany and all liabilities included under this agreement until said effective date shall have arrived, the member boards may submit a written request to the Joint Agreement Executive Director to address the Joint Agreement Board at which time such withdrawing Member shall be liable only for liabilities incurred by WDSRA prior to consideration of the proposed expulsionsaid effective date.

Appears in 1 contract

Samples: Articles of Agreement

Involuntary Withdrawal. Where When a member district board fails to abide by comply with the terms or conditions of this Agreement or meet its financial obligations as established hereunder or by the Boardthese Articles of Joint Agreement, or fails to abide meet the financial obligations established by these Articles of Joint Agreement or by the policies or procedures Cooperative Board of the Joint AgreementDirectors, the Board of Directors, in its discretion, may seek the expulsion of expel such member district upon the affirmative vote of two-thirds of the members of the Board. No district shall be required to withdraw prior to the end of a school year. Withdrawal will be effective on July 1 following approval of the expulsion by two-thirds of the members of the Board. A member district that is expelled board from the Joint Agreement shall be deemed to irrevocably waive any interest in the assets of the Joint Agreement including but not limited to real property, buildings, equipment and materials, and funds, provided, however, that the Joint Agreement shall return to the expelled member board any unspent Federal IDEA Part B Funds generated by students in the withdrawing member district (i.e., “carryover”). Such member board shall remain liable for its share of any Joint Agreement liabilities that arose or accrued before effective date of expulsion as determined under subsection B.4. above in the case of a member board’s withdrawalCooperative. The Joint Agreement Cooperative shall provide written notice of the proposed expulsion, and the reason(s) therefor, to a member board not less than thirty (30) days before the proposed expulsion is presented to the Joint Agreement Board of Directors for approval. Within fifteen (15) days of its receipt of written notice of the proposed expulsion, the member boards board may submit a written request to the Joint Agreement Executive Director to address the Joint Agreement Board of Directors prior to consideration of the proposed expulsion. Expulsion shall be effective on July 1 following approval of the expulsion by two-thirds of the members of the Board of Directors. A member board that is expelled from the Cooperative shall be deemed to irrevocably waive any interest in the assets of the Cooperative, including but not limited to real property, buildings, equipment and materials, and funds. As in the case of a member board that voluntarily withdraws, an expelled member board shall remain liable for its share of any Cooperative liabilities that arose or accrued before effective date of expulsion. (See Article III, Section D.1.c above) In addition, the expelled member board shall remain liable to the Cooperative for any amounts owed to the Cooperative for its failure to comply with the terms or conditions of these Articles of Joint Agreement, or failure to meet the financial obligations established by these Articles of Joint Agreement or by the Board of Directors.

Appears in 1 contract

Samples: Joint Agreement

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