Other Remedial Courses of Action Sample Clauses

Other Remedial Courses of Action. If the School is in violation of 22-30.5-511 (3) or (4), CRS, state or federal law or administrative regulations, or materially breaches the Contract, the Institute may, but is not required to, take other remedial actions prior to initiating revocation procedures in accordance with Section 12. Prior to taking any action other than as set forth in Section 3.5 (iii) or (iv) below, the Institute will send a notice of breach and provide the School with an opportunity to cure the deficiency, in accordance with Institute rules. The notice will state the deficiency and the basis for it, an opportunity for the School to contest the deficiency, the timeframe for curing the deficiency, and the expected results. Courses of action include, but are not limited to, those listed below. These actions may be applied individually, in succession, or simultaneously. i. Withholding of some or all of the funds due to the School. This action may be taken in situations which include failure to submit reports listed in Section
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Other Remedial Courses of Action. The Institute may revoke or deny renewal of the Contract for any of the grounds set forth in CRS22-30.5-511 and 1 C.C.R. 302-1, Rule
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Other Remedial Courses of Action. The Institute may revoke or deny renewal of the Contract for any of the grounds set forth in C.R.S. 22-30.5-511 and 1 C.C.R. 302-1, Rule 10.00. In accordance with Institute policy, the Institute may, at its sole discretion, take other remedial actions prior to initiating revocation procedures in accordance with Section 11. Remedies include, but are not limited to, those listed below. These remedies may be applied individually, in succession, or simultaneously. Withholding of some or all of the funds due to the School. This action may be taken in situations as allowed by C.R.S. 22-30.5-105(2)(c)(IV), which include failure to submit reports and budgets listed on the CSI online compliance calendar (or its replacement) or as otherwise required by law, regulation, or Institute policy by the established deadlines. Seeking or requiring technical assistance from the Colorado Department of Education or another organization if the School is required to prepare and implement a priority improvement plan or turnaround plan. Requesting that the Commissioner issue a temporary or preliminary order in accordance with C.R.S. 22-30.5-701 et seq., Taking immediate control of the School or some portion thereof. Notwithstanding any other provision of this Contract, in the case of any breach which the Institute determines in good faith poses a serious threat to the School or Institute students, the community, or the property rights of the Institute or School, the Institute may, but is not required to, take immediate control of the School pursuant to C.R.S. 22-30.5-703, and may exercise any portion or all power and authority over the School for such period of time as may be necessary to deal with such threat. These additional rights of the Institute will continue during the pendency of any dispute resolution process with respect to any alleged breach.
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Other Remedial Courses of Action. If the School is in violation of C.R.S. § 22- 30.5-511, state or federal law or administrative regulations, or materially breaches the Contract, the Institute may, but is not required to, take other remedial actions prior to initiating revocation procedures in accordance with Section 11. Prior to taking any action other than as set forth in Section 3.5 (iii) or (iv), the Institute will send a notice of breach and provide the School with an opportunity to cure the deficiency, in accordance with Institute policy. The notice will state the deficiency and the basis for it, an opportunity for the School to contest the deficiency, the timeframe for curing the deficiency, and the expected results. The Institute may require the submission of a plan to remedy the deficiency. Upon the written request of the Institute, the School shall develop a plan to remedy the failure or deficiency and submit it to the Institute for review and comment. The plan may be revised at the discretion of the School, with the agreement of the Institute. The Institute may require the School to review and revise the plan if it reasonably determines that the plan is not effective in remedying the deficiency. This remedy may be applied if the School (a) fails to make progress toward achieving its goals and objectives as described in this Contract after a reasonable period of time, (b) fails to achieve Institute accreditation requirements, (c) fails to implement its educational program as described in this Contract after a reasonable period of time, or (d) fails to complete two or more required reports by the established deadlines. Courses of action which may be undertaken by the Institute to insure compliance include, but are not limited to, those listed below. These actions may be applied individually, in succession, or simultaneously. i. Withholding of some or all of the funds due to the School. This action may be taken in situations as allowed by CRS 22-30.5-105(2)(c)(IV), which include failure to submit reports and budgets listed on the CSI online compliance calendar (or its replacement) by the established deadlines. ii. Seeking technical assistance from the Colorado Department of Education or another organization if the School is required to prepare and implement a priority improvement plan or turnaround plan. iii. Requesting that the Commissioner issue a temporary or preliminary order in accordance with CRS 22-30.5-701 et seq., iv. Taking immediate control of the School or some portion ...
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Related to Other Remedial Courses of Action

  • Investigations and Proceedings The parties to this Agreement agree to cooperate fully in any securities regulatory investigation or proceeding or any judicial proceeding with respect to each party’s activities under this Agreement and promptly to notify the other party of any such investigation or proceeding.

  • Investigations and Remediations Lessor shall retain the responsibility and pay for any investigations or remediation measures required by governmental entities having jurisdiction with respect to the existence of Hazardous Substances on the Premises prior to the Start Date, unless such remediation measure is required as a result of Lessee's use (including "Alterations", as defined in Paragraph 7.3(a) below) of the Premises, in which event Lessee shall be responsible for such payment. Lessee shall cooperate fully in any such activities at the request of Lessor, including allowing Lessor and Lessor's agents to have reasonable access to the Premises at reasonable times in order to carry out Lessor's investigative and remedial responsibilities.

  • Litigation; Proceedings Except as specifically disclosed in Schedule 3.1(g), there is no action, suit, notice of violation, proceeding or investigation pending or, to the best knowledge of the Company, threatened against or affecting the Company or any of its Subsidiaries or any of their respective properties before or by any court, governmental or administrative agency or regulatory authority (federal, state, county, local or foreign) which (i) relates to or challenges the legality, validity or enforceability of any of the Transaction Documents, the Shares or the Underlying Shares, (ii) could, individually or in the aggregate, have a Material Adverse Effect or (iii) could, individually or in the aggregate, materially impair the ability of the Company to perform fully on a timely basis its obligations under the Transaction Documents.

  • Litigation and Proceedings There are no actions, suits, proceedings, or investigations pending or, to the knowledge of the Company after reasonable investigation, threatened by or against the Company or affecting the Company or its properties, at law or in equity, before any court or other governmental agency or instrumentality, domestic or foreign, or before any arbitrator of any kind. The Company does not have any knowledge of any material default on its part with respect to any judgment, order, injunction, decree, award, rule, or regulation of any court, arbitrator, or governmental agency or instrumentality or of any circumstances which, after reasonable investigation, would result in the discovery of such a default.

  • Rights of Action All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.

  • Criminal Proceedings Any criminal complaint, indictment or criminal proceedings;

  • Pending Proceedings and Examinations The Registration Statement is not the subject of a pending proceeding or examination under Section 8(d) or 8(e) of the 1933 Act, and the Company is not the subject of a pending proceeding under Section 8A of the 1933 Act in connection with the offering of the Securities.

  • Litigation; Governmental Proceedings There is no action, suit, proceeding, inquiry, arbitration, investigation, litigation or governmental proceeding pending or, to the Company’s knowledge, threatened against, or involving the Company or, to the Company’s knowledge, any executive officer or director which has not been disclosed in the Registration Statement, the Pricing Disclosure Package and the Prospectus or in connection with the Company’s listing application for the listing of the Public Securities on the Exchange.

  • Pending Litigation or Other Proceedings There is no pending or, to the best of the Backup Servicer’s Knowledge, threatened action, suit, proceeding or investigation before any court, administrative agency, arbitrator or governmental body against or affecting the Backup Servicer which, if decided adversely, would materially and adversely affect (i) the condition (financial or otherwise), business or operations of the Backup Servicer, (ii) the ability of the Backup Servicer to perform its obligations under, or the validity or enforceability of this Indenture or any other documents or transactions contemplated under this Indenture, (iii) any property or title of any Obligor to any property or (iv) the Indenture Trustee’s ability to foreclose or otherwise enforce the Liens of the Timeshare Loans.

  • Actions and Proceedings Lender has the right to appear in and defend any action or proceeding brought with respect to the Property and to bring any action or proceeding, in the name and on behalf of Borrower, which Lender, in its discretion, decides should be brought to protect its interest in the Property.

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