NON-RENEWAL OF CONTRACTS Sample Clauses

NON-RENEWAL OF CONTRACTS. A. Reasons for non-renewal of a teacher's contract shall be clearly stated and given to the teacher by the principal or superintendent in writing as to why said principal or superintendent intends to recommend the teacher's contract not be renewed. Recommendation for non-renewal shall be for cause. B. The superintendent or his/her designee shall discuss the reason(s) for a recommendation for non-renewal with the teacher prior to official action of the Board of Education not to renew a limited contract. At the meeting where such discussions are held, the teacher shall have the right to have the Association representative of his/her choice present. The superintendent shall have the right to have a representative of his/her choice present. C. If after the conference the superintendent recommends non-renewal, the teacher shall have the right to request a hearing before the Board of Education. The Board of Education shall grant the teacher a hearing in executive session. D. The hearing shall be arranged upon the written request of the teacher within five (5) calendar days of such request and shall take place within ten (10) calendar days after the Board of Education receives such request. The teacher involved in such a hearing before the Board of Education shall have the right to have the Association representative and OEA representative at said hearing if he/she so desires. No more than five (5) people may address the Board on the teacher's behalf at the executive session, but the Board may also allow additional witnesses, if needed. E. The hearing shall be private. F. Within five (5) calendar days after the hearing with the Board of Education, the teacher will be apprised of his/her status. G. Failure to observe the provisions of this Agreement shall deem such teacher to be re-employed for the succeeding year.
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NON-RENEWAL OF CONTRACTS. Section A. Reduction in Force (Revised April, 2004) As a result of authority granted to the Board of Education by the Kansas Constitution and Kansas statutes, the Board has the responsibility of determining compositions of the professional staff necessary to implement and maintain educational programs of the District. From time to time, as a result of decreasing enrollment, limited financial resources, changes in educational programs, or other circumstances, it may be necessary to reduce the number of professional employees employed by the school District. A decision to reduce professional staff will, in all cases, remain with the sole discretion and judgement of the Board of Education. The Board of Education may retain any professional employee who it deems necessary to staff all programs of the District, including curricular, co-curricular, and extra-curricular programs of the District. It is the policy of this school District to use normal attrition of staff; i.e., resignations, retirement, leaves of absence, as the first means of achieving a reduction in professional staff. However, in certain cases, normal attrition may not be sufficient to achieve the necessary reduction of professional staff. In the event that further reduction of professional staff is necessary, it shall be accomplished in a fair and orderly manner as provided in this ARTICLE.
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NON-RENEWAL OF CONTRACTS. 1. 111 Prior to the principal making a recommendation of non-renewal, the bargaining unit member shall have been evaluated in accordance with this Agreement. 1. 112 Any bargaining unit member receiving written notice of the intention from the Board not to re-employ him/her pursuant to this section may, within ten (10) days of the date on which he/she received the notice, file with the Treasurer of the Board a written demand for a written statement describing the circumstances that led to the Board's intention not to re-employ the bargaining unit member. 1. 113 The Treasurer of the Board shall, within ten (10) days of the date on which he/she receives a written demand for a written statement pursuant to this section, provide to the bargaining unit member a written statement describing the circumstances that led to the Board's intention not to re-employ the bargaining unit member.
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NON-RENEWAL OF CONTRACTS. 1. If the Superintendent intends to recommend the non-renewal of a limited regular teaching contract, he/she shall give the member prior written notice by June 1. Reasons for the decision to non-renew must be stated in the letter and must be reflected in the member's evaluation or other documentation in the personnel file. No limited regular teaching contract shall be arbitrarily or capriciously non-renewed. 2. The member has the right to meet with the Superintendent to discuss his/her recommendation. 3. This section does not limit or restrict the Board's authority to non-renew a contract in accordance with ORC 3319.11. 4. A written notice of non-renewal is effective if hand delivered and/or placed in the U.S. mail on or before June 1.
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NON-RENEWAL OF CONTRACTS. In the event it is determined that there is probable cause or causes that the contract of a certificated employee, other than a provisional employee, shall not be renewed by the District, such employee shall be notified in writing on or before May 15 or if the omnibus appropriations act has not passed the legislature by the end of the regular legislative session for that year, then notification shall be no later than June 15th. Such non-renewal determinations and subsequent procedures shall be pursuant to RCW 28A.405.210 and RCW 28A.405.310 and Article X, Grievance Procedure, Section 9, Exclusions.
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NON-RENEWAL OF CONTRACTS. Provisional
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NON-RENEWAL OF CONTRACTS a. Prior to the principal making a recommendation of non-renewal, the bargaining unit member shall have been evaluated in accordance with this Agreement. b. Any bargaining unit member receiving written notice of the intention from the Board not to re-employ him/her pursuant to this section may, within ten (10) days of the date on which he/she received the notice, file with the Treasurer of the Board a written demand for a written statement describing the circumstances that led to the Board's intention not to re-employ the bargaining unit member. c. The Treasurer of the Board shall, within ten (10) days of the date on which he/she receives a written demand for a written statement pursuant to this section, provide to the bargaining unit member a written statement describing the circumstances that led to the Board's intention not to re-employ the bargaining unit member. d. The bargaining unit member affected may, within five (5) days of the date on which he/she received the statement, file with the Treasurer of the Board a written demand for a hearing before the Board pursuant to this Section. e. The hearing conducted shall be conducted by a majority of the Board members. The hearing shall be held in executive session of the Board unless the Board and the bargaining unit member agree to hold the hearing in public. The Superintendent, the individual(s) conducting the evaluation, the bargaining unit member and any person designated by either party to take a record of the hearing may be present at the hearing. The parties may be represented by counsel or a designee. A record of the hearing may be taken by either party at the expense of the party taking the record. f. Within ten (10) days of the conclusion of the hearing, the Board shall issue to the bargaining unit member a written decision containing an order confirming the intention of the Board not to re-employ the bargaining unit member or an order vacating the intention not to re-employ. In the event the Board determines to vacate, the non-renewal and record of the intention, notice of the intention, and the hearing conducted pursuant to this division shall be expunged. g. The bargaining unit member may appeal the order affirming the intention of the Board not to re-employ the bargaining unit member to the Court of Common Pleas of Highland
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NON-RENEWAL OF CONTRACTS 
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Related to NON-RENEWAL OF CONTRACTS

  • Notice of Non-Renewal Consultant understands and agrees that there is no representation, implication, or understanding that the City will request that work product provided by Consultant under this agreement be supplemented or continued by Consultant under a new agreement following expiration or termination of this agreement. Consultant waives all rights or claims to notice or hearing respecting any failure by City to continue to request or retain all or any portion of the work product from Consultant following the expiration or termination of this agreement.

  • Renewal Option (a) Provided that all the following have not occurred at the time of Tenant’s exercise of the Renewal Option: (1) Tenant is not in default of any of the terms, covenants and conditions hereof beyond any applicable notice and/or cure periods, (2) Tenant’s right to possession of the Premises has not been terminated, and (3) Tenant has not assigned any of its interest in this Lease or sublet any portion of the Premises, other than in connection with a Permitted Transfer, then Tenant shall have the right and option to extend the Lease Term (the “Renewal Option”) for one (1) further sixty (60) month period (hereinafter the “Renewal Term”). Such extension of the Lease Term shall be on the same terms, covenants and conditions as provided for in the Lease Term, except as set forth in this Section, and, except that the Base Rent during the Renewal Term shall be at fair market base rent then in effect on equivalent properties, of equivalent size, in equivalent areas, with the length of the Renewal Term and the credit standing of Tenant to be taken into account and otherwise based on the factors listed below, (the “Fair Market Base Rent”). Tenant shall deliver written notice to Landlord of Tenant’s intent to exercise the Renewal Option granted herein (the “Renewal Request Notice”) not more than twelve (12) months nor less than nine (9) months prior to the expiration of the Lease Term of this Lease. If Landlord and Tenant mutually agree, using their respective good faith efforts, in writing upon the base rent for the Renewal Term within thirty (30) days after written exercise by Tenant of this Renewal Option, Landlord shall lease the Premises to Tenant during the Renewal Term in their then-current, “AS IS, WHERE IS” with all faults condition, and Landlord shall not provide to Tenant any allowances (e.g. moving allowance, construction allowance, and the like) or other tenant inducements, except to the extent determined appropriate in connection with the determination of the Fair Market Base Rent. Tenant shall have no further renewal options unless expressly granted by Landlord in writing. Fair Market Base Rent will take into account all relevant factors, including, without limitation: (1) the location, quality, size, condition, and age of the Building and the level of LEED® certification of the Building then in effect; (2) the use, location, size, and/or floor levels of the space in question, including view, elevator, lobby exposure, etc.; (3) definition of “rentable” area; (4) the extent of leasehold improvements in the space in question or to be provided (other than any improvements already installed in the Premises), and/or any allowance for same; (5) abatements (including base rental, operating expenses and real estate taxes, and parking charges); (6) the parking rates set forth in Landlord’s rent proposal, the parking rates charged for comparable parking for tenants in comparable buildings and inclusion and/or exclusion of parking charges in rental; (7) lease takeovers and assumptions; (8) programming/space planning/interior architecture and engineering allowances; (9) relocation allowances; (10) tenant improvement allowances or refurbishment allowances, including those set forth in Landlord’s rent proposal; (11) distinction between “gross” and “net” leases; (12) base year or dollar amounts for escalation purposes (both ad valorem/real estate taxes and other operating expenses); (13) any other adjustments (including, for example, indices) to base rental; (14) credit standing and financial stature of Tenant (or the applicable transferee pursuant to a Permitted Transfer) and any applicable tenants; (15) term or length of lease; (16) the time the particular rental rate under consideration was agreed upon or is to become effective and the period of time from the date such rate is determined to the date it will be effective; (17) the extent of services provided or to be provided; (18) inclusions and exclusions for operating expenses; (19) the total amount of space in the Building leased to Tenant; (20) presence, absence or amount of leasing commissions to the extent applicable; and (21) any other concession or inducement and/or relevant terms or conditions that a reasonable and knowledgeable real estate professional would include in making such fair value rental rate determination. The determination of Fair Market Base Rent will not take into account any transaction that is not a typical market-driven transaction, such as a sale-leaseback or any financing type lease transaction. (b) In the event Tenant fails to deliver the Renewal Request Notice within the time period set forth above, time being of the essence with respect to Tenant’s exercise thereof, Tenant’s right to extend the Lease Term hereof shall automatically terminate, be null and void, and be of no further force and effect. In the event Landlord and Tenant fail to mutually agree, using their respective good faith efforts, in writing upon the Fair Market Base Rent for the Renewal Term within thirty (30) days after timely written exercise by Tenant of this Renewal Option (“Negotiation Deadline”), Tenant’s right hereunder to extend the Lease Term shall automatically terminate (subject to subparagraph (c) below), be null and void, and be of no further force and effect. (c) If Tenant desires to continue with the extension, Tenant must deliver notice to Landlord of its desire to pursue “baseball arbitration” on or before the Negotiation Deadline. No later than five (5) business days thereafter, Landlord and Tenant shall meet in an effort to negotiate, in good faith, the Fair Market Base Rent applicable to the Premises. If Landlord and Tenant have not agreed upon the Fair Market Base Rent applicable to the Premises within five (5) business days after meeting, then Landlord and Tenant shall each appoint a broker not later than forty-five (45) days following Landlord’s delivery of the rate notice. If Landlord’s broker and Tenant’s broker have failed to agree upon the Fair Market Base Rent within sixty (60) days following delivery of the Negotiation Deadline, the two appointed brokers shall appoint a third broker (within five (5) business days following the expiration of said sixty (60) day period), and the Fair Market Base Rent shall be the arithmetic average of two (2) of the three (3) determinations which are the closest in amount, and the third determination shall be disregarded. If either Landlord or Tenant fails to appoint a broker within the prescribed time period, the failing party shall pay to the other party as liquidated damages $100.00 per day for each day following the deadline that such party fails to appoint a broker, not to exceed $500.00. If the two (2) appointed brokers fail to agree upon a third (3rd) broker, then the parties shall have the local office of the American Arbitration Association (or alternative method agreed by the parties) appoint the third (3rd) broker and the parties shall share equally in the cost of such arbitration. Each party shall bear the costs of its own broker, and the parties shall share equally the cost of the third broker, if applicable. Each broker shall have at least ten (10) years’ experience in the leasing of similar commercial buildings in the submarket in which the Building is located and shall be a licensed real estate broker and has not represented Tenant or Landlord during the previous five (5) year period.

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