Common use of Method of Withdrawal Clause in Contracts

Method of Withdrawal. 1. A Member District may withdraw from the Collaborative as of July 1st in any year provided that such district provides written notice to the Executive Director of the Collaborative and the Board of such intent by July 1st of the prior year with an effective date of July 1st for the withdrawal. Upon receipt of such notice, the Collaborative Agreement must be amended (see Article XII) and approved, first, by the Board, then, by a majority of the Member Districts, and finally, by the Board of Elementary and Secondary Education, and provided that the Board of Elementary and Secondary Education has approved the withdrawal by April 30th of the fiscal year in which the withdrawal is to occur. 2. Written notification of a Member District's intent to withdraw from the Collaborative at the end of a fiscal year shall include the following: a. Notification addressed to the chair of the Board and the Executive Director that the Member District has voted to withdraw from the Collaborative with the effective date of withdrawal; and b. A copy of the minutes from the School Committee or Charter School Board meeting at which the Member District voted to withdraw from the Collaborative. 3. An amendment to this Agreement shall be prepared to reflect changes in the Agreement caused as a result of the change in membership of the Collaborative. 4. Upon withdrawal, a former Member District shall not be entitled to any assets or a portion of any assets of the Collaborative, including any surplus funds that may have been carried over from prior years and any reserve funds that may have been established by the Board. 5. The withdrawing Member District must fulfill all of its financial obligations and commitments to the Collaborative. 6. A School Committee or Charter School Board that has withdrawn from the Collaborative will continue to be liable to the Collaborative for its proportional share of liabilities and any debts, claims, demands, or judgments against the Collaborative, incurred during said School Committee's or Charter School Board’s membership. or which were the responsibility of the Collaborative when that member school committee or charter school board became a member. Such proportional share is determined by the Enrollment Assessment formula previously articulated above under Annual Member Assessment. 7. Upon withdrawal, the withdrawing Member District will be reimbursed any funds prepaid to the Collaborative by the Member District for tuition or services under M.G.L. c. 40, § 4E. 8. The withdrawal of any Member District(s) at any time shall not affect the status of this Agreement and the same shall remain in full force and effect until specifically changed or amended consistent with Article XII. 9. If, after the withdrawal of a Member District (s), less than two Member Districts remain, the Collaborative Board will initiate termination proceedings as provided in Article IX.

Appears in 5 contracts

Samples: Edco Collaborative Articles of Agreement, Articles of Agreement, Articles of Agreement

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Method of Withdrawal. 1. A Member District may withdraw from the Collaborative as of July 1st in any year provided that such district provides written notice to the Executive Director of the Collaborative and the Board of such intent by Xxxxxxx Xxxxx 2/7/2016 4:34 PM July 1st of the prior year with an effective date of July 1st for the withdrawal. Upon receipt of such notice, the Collaborative Agreement must be amended (see Article XII) and approved, first, by the Board, then, by a majority of the Member Districts, and finally, by the Board of Elementary and Secondary Education, and provided that the Board of Elementary and Secondary Education has approved the withdrawal by April 30th of the fiscal year in which the withdrawal is to occur. 2. Written notification of a Member District's intent to withdraw from the Collaborative at the end of a fiscal year shall include the following: a. Notification addressed to the chair of the Board and the Executive Director that the Member District has voted to withdraw from the Collaborative with the effective date of withdrawal; and b. A copy of the minutes from the School Committee or Charter School Board meeting at which the Member District voted to withdraw from the Collaborative. 3. An amendment to this Agreement shall be prepared to reflect changes in the Agreement caused as a result of the change in membership of the Collaborative. 4. Upon withdrawal, a former Member District shall not be entitled to any assets or a portion of any assets of the Collaborative, including any surplus funds that may have been carried over from prior years and any reserve funds that may have been established by the Board. 5. The withdrawing Member District must fulfill all of its financial obligations and commitments to the Collaborative. 6. A School Committee or Charter School Board that has withdrawn from the Collaborative will continue to be liable to the Collaborative for its proportional share of liabilities and any debts, claims, demands, or judgments against the Collaborative, incurred during said School Committee's or Charter School Board’s membership. or which were the responsibility of the Collaborative when that member school committee or charter school board became a member. Such proportional share is determined by the Enrollment Assessment formula previously articulated above under Annual Member Assessment. 7. Upon withdrawal, the withdrawing Member District will be reimbursed any funds prepaid to the Collaborative by the Member District for tuition or services under M.G.L. c. 40, § 4E. 8. The withdrawal of any Member District(s) at any time shall not affect the status of this Agreement and the same shall remain in full force and effect until specifically changed or amended consistent with Article XII. 9. If, after the withdrawal of a Member District (s), less than two Member Districts remain, the Collaborative Board will initiate termination proceedings as provided in Article IX.

Appears in 2 contracts

Samples: Articles of Agreement, Articles of Agreement

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Method of Withdrawal. 1. ‌ A. A Member District member district may withdraw from the Collaborative LPVEC as of July 1st in any year provided that such member district provides written notice to every other member district that is party to this Agreement, as well as to the Executive Director of the Collaborative and the Board Board, of such intent by July 1st of at least 180 days before the prior year with an effective date of July 1st for the withdrawal. Upon receipt end of such notice, the Collaborative Agreement must be amended (see Article XII) and approved, first, by the Board, then, by a majority of the Member Districts, and finally, by the Board of Elementary and Secondary Education, fiscal year and provided that the Board of Elementary and Secondary Education BESE has approved the withdrawal by April 30th of the fiscal year in which the withdrawal is to occur. 2. B. Written notification of a Member Districtmember district's intent to withdraw from the Collaborative at the end of a fiscal year shall include the following: a. 1. Notification addressed to the chair Chair of the Board and the Executive Director that the Member District member district has voted to withdraw from the Collaborative with the effective date of withdrawal; and b. 2. A copy of the minutes from the School Committee school committee or Charter School Board charter school board meeting at which the Member District member district voted to withdraw from the Collaborative. 3. An C. Withdrawal of a member district requires an amendment to this the Collaborative Agreement shall be prepared to reflect changes in and approval by the Agreement caused as a result of the change in membership of the Collaborativemember district school committees and BESE, 603 CMR 50.03(4). 4. D. Upon withdrawal, a former Member District member district shall not be entitled to any assets or a portion of any assets of the Collaborative, including any surplus funds that may have been carried over from prior years and nor any capital reserve funds fund that may have been established by the Board. 5. E. The withdrawing Member District must fulfill all of its financial obligations and commitments to the Collaborative. 6. A School Committee or Charter School Board that has withdrawn from the Collaborative member district will continue to be liable to the Collaborative for its proportional pro-rata share of liabilities and any debts, claims, demands, or judgments against the Collaborative, Collaborative incurred during said School Committee's or Charter School Boardmember district’s membership. or which were the responsibility of the Collaborative when that member school committee or charter school board became a member. Such proportional The pro-rata share is determined by dividing the Enrollment Assessment formula previously articulated above under Annual Member Assessmenttotal student enrollment of the withdrawing member district by the sum of the total student enrollment of all member districts; the enrollment figures will be based on the numbers of students at the end of the fiscal year of withdrawal. 7. F. Upon withdrawal, the withdrawing Member District member district will be reimbursed any funds prepaid to the Collaborative by the Member District member district for tuition or services under M.G.L. c. 40, § 4E. 8. G. The withdrawal of any Member District(smember district(s) at any time shall not affect the status of this Agreement and the same shall remain in full force and effect until specifically changed or amended by the Board and approved by the member districts and BESE, consistent with Article XIISection VIII of this Agreement. 9. H. If, after the withdrawal of a Member District (smember district(s), less than two Member Districts member districts remain, the Collaborative Board will initiate termination proceedings as provided in Article IXSection XI.

Appears in 1 contract

Samples: Collaborative Agreement

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