Common use of Post Termination Provisions Clause in Contracts

Post Termination Provisions. 1. The nonrenewal or termination of this PBA must comply with the requirements of Section 1002.33(8), Florida Statutes. If this PBA is not renewed or is terminated, the School shall be responsible for all the debts of the School. The District shall not assume the debt from any contract for services including lease or rental agreements, made between the School and a third party, except for a debt previously detailed and agreed upon, in writing, by both the District and the Governing Board and that may not reasonably be assumed to have been satisfied by the District. 2. In the event of termination or non-renewal of this charter, any and all leases existing between the District and the School shall be automatically cancelled, unless the lease provides otherwise. In no event shall the District be responsible under any assignment of a lease for any debts or obligations of the School incurred prior to such assignment. 3. In the event of termination or non-renewal any students enrolled at the School may be enrolled at their home District school, or any another school, consistent with the District’s student transfer procedures including transfer of all student records to the receiving school. All assets of the School purchased with public funds, including supplies, furniture and equipment, will revert to full ownership of the District (subject to any lawful liens or encumbrances) or as otherwise provided by law. Any unencumbered public funds shall revert to the district or department, as appropriate. Any unencumbered public funds from the charter school, district school board property and improvements, furnishings, and equipment purchased with public funds, or financial or other records pertaining to the School, in the possession of any person, entity, or holding company, other than the charter school, shall be held in trust upon the District’s request, until any appeal is resolved. If the School’s accounting records fail to clearly establish whether a particular asset was purchased with public funds, then it shall be presumed public funds were utilized and ownership of the asset shall automatically revert to the District.

Post Termination Provisions. 1. The nonrenewal or termination of this PBA must comply with the requirements of Section 1002.33(8), Florida Statutes. If this PBA is not renewed or is terminated, the School shall be responsible for all the debts of the School. The District shall not assume the debt from any contract for services including lease or rental agreements, made between the School and a third party, except for a debt previously detailed and agreed upon, in writing, by both the District and the Governing Board Foundation and that may not reasonably be assumed to have been satisfied by the District. 2. In the event of termination or non-renewal of this charterPBA, any and all leases existing between the District and the School shall be automatically cancelled, unless the lease provides otherwise. In no event shall the District be responsible under any assignment of a lease for any debts or obligations of the School incurred prior to such assignment. 3. In the event of termination or non-renewal any students enrolled at the School may be enrolled at their home District school, or any another school, consistent with the District’s student transfer procedures including transfer of all student records to the receiving school. 4. All assets of the School purchased with public funds, including supplies, furniture and equipment, will revert to full ownership of the District (subject to any lawful liens or encumbrances) or as otherwise provided by law. Any unencumbered public funds shall revert to the district or department, as appropriate. Any unencumbered public funds from the charter school, district school board property and improvements, furnishings, and equipment purchased with public funds, or financial or other records pertaining to the School, in the possession of any person, entity, or holding company, other than the charter school, shall be held in trust upon the District’s request, until any appeal is resolved. If the School’s accounting records fail to clearly establish whether a particular asset was purchased with public funds, then it shall be presumed public funds were utilized and ownership of the asset shall automatically revert to the District. 5. Final Audit: Pursuant to section 1002.33, F.S., upon notice of non-renewal, closure, or termination, an independent audit shall be completed within thirty (30) days to account for all public funds and assets. During the fiscal year in which the termination or non-renewal occurs, the Sponsor may withhold from the School's FEFP funds, without penalty or interest, an amount necessary to cover the costs for a final financial audit of the School. The audit shall be conducted by an independent certified public accountant.

Post Termination Provisions. 1. The nonrenewal or termination of this PBA must comply with the requirements of Section 1002.33(8), Florida Statutes. If this PBA is not renewed or is terminated, the School shall be responsible for all the debts of the School. The District shall not assume the debt from any contract for services including lease or rental agreements, made between the School and a third party, except for a debt previously detailed and agreed upon, in writing, by both the District and the Governing Board and that may not reasonably be assumed to have been satisfied by the District. 2. In the event case of termination termination, expiration or non-renewal of this charter, any and all leases existing between the District and the School Charter: a. The charter school shall be automatically cancelled, unless the lease provides otherwise. In no event shall the District be responsible under any assignment of a lease for any debts or obligations of the School incurred prior to such assignmentdissolved. 3. In the event of termination or non-renewal any students enrolled at the School may be enrolled at their home District schoolb. All student records, or any another schoolassets, consistent with the District’s student transfer procedures including transfer of all student records to the receiving school. All assets of the School unencumbered funds, facilities, supplies, improvements, furnishings, and equipment purchased with public fundsfunds owned, including suppliesand not leased, furniture by the Charter School or which would otherwise be due and equipmentpayable or deliverable to the Charter School shall instead be delivered to, will revert to full ownership retained and owned by the School Board of the District (subject to any lawful liens or encumbrances) or Clay County, provided, however, that all capital outlay funds shall be returned as otherwise provided required by law. . c. Any unencumbered public funds shall revert to the district or department, as appropriate. Any unencumbered public funds from the charter school, district school board property and improvements, furnishings, and equipment purchased with public fundsfunds shall automatically revert or transfer as the case may be to full ownership by the School Board of Clay County, subject to any lawful liens or financial encumbrances. d. The Charter School is responsible for all debts and leases of the Charter School. The parties expressly acknowledge that the School Board of Clay County may not assume any lease agreement or other the debt from any contract made between the Charter School and a third party, unless the lease, contract or debt is agreed upon in writing and expressly assumed by the School Board of Clay County. e. Any student who attended the Charter School may apply to and shall be enrolled in another public school within the school district in which such student resides and in accordance with the normal application and enrollment procedures, except that normal application deadlines shall be disregarded under these circumstances. f. The Charter School shall submit all records pertaining to the School Board within ten (10) days, unless the records are necessary for providing services to current students which records will be produced at the time of takeover of the Charter School. g. During the fiscal year in which termination or nonrenewal occurs, the School Board Clay County shall withhold from the Charter School’s Florida Education Finance Program (FEFP) funds those monies necessary to cover the cost of a final financial audit. Notwithstanding any other provision to the contrary in this Charter Contract, in all events, the possession substantive grounds for both a ninety (90) day termination and an immediate termination, and the procedures for accomplishing any termination of any person, entity, or holding company, other than the charter schoolCharter, shall be held consistent with the laws of Florida, including the Charter Statute, Section 1002.33, Florida Statutes, and SB 1546, as enacted in trust upon the District’s requestChapter 2011-232, until any appeal is resolved. If the School’s accounting records fail to clearly establish whether a particular asset was purchased with public fundsLaws of Florida, then it shall be presumed public funds were utilized and ownership companion bills as enacted in 2011-137 and 2011-55, Laws of the asset shall automatically revert to the DistrictFlorida.

Post Termination Provisions. 1. The nonrenewal or termination of this PBA must comply with the requirements of Section 1002.33(8), Florida Statutes. If this PBA is not renewed or is terminated, the School shall be responsible for all the debts of the School. The District shall not assume the debt from any contract for services including lease or rental agreements, made between the School and a third party, except for a debt previously detailed and agreed upon, in writing, by both the District and the Governing Board and that may not reasonably be assumed to have been satisfied by the District. 2. In the event of termination or non-renewal of this charter, any and all leases existing between the District and the School shall be automatically cancelled, unless the lease provides otherwise. In no event shall the District be responsible under any assignment of a lease for any debts or obligations of the School incurred prior to such assignment. 3. In the event of termination or non-renewal any students enrolled at the School may be enrolled at their home District school, or any another school, consistent with the District’s student transfer procedures including transfer of all student records to the receiving school. 4. All assets of the School purchased with public funds, including supplies, furniture and equipment, will revert to full ownership of the District (subject to any lawful liens or encumbrances) or as otherwise provided by law. Any unencumbered public funds shall revert to the district or department, as appropriate. Any unencumbered public funds from the charter school, district school board property and improvements, furnishings, and equipment purchased with public funds, or financial or other records pertaining to the School, in the possession of any person, entity, or holding company, other than the charter school, shall be held in trust upon the District’s request, until any appeal is resolved. If the School’s accounting records fail to clearly establish whether a particular asset was purchased with public funds, then it shall be presumed public funds were utilized and ownership of the asset shall automatically revert to the District.