Provider Default. The occurrence at any time of the following event shall constitute a “Provider Default”:
Provider Default. 32 In the event of a Default by the Provider the Provider shall, in the sole election of the Provider, either 33 commence and complete Decommissioning or surrender the Generating Facility and Supporting 34 Infrastructure to the Receiver. If the Provider elects to surrender the Generating Facility and Supporting 35 Infrastructure to the Receiver then the Provider shall release all easements and/or leases between the 36 Receiver and the Provider, and, if requested by the Receiver, allowing such releases to be recorded by the 37 County and grant the Receiver an easement and/or lease as necessary to continue to operate the Generating 38 Facility during the Term. If the Receiver declines the surrender, then the Provider shall complete 39 Decommissioning pursuant to Section 4.16 solely at the Provider’s expense.
Provider Default. If the course does not start on the commencement date as stated in this Agreement due to a fault of MIT, then MIT shall either: ⮚ provide you with a full refund of the tuition fees paid or the student contribution amounts paid upfront (applicable for CSP students); or ⮚ arrange for you to be offered a place in an alternative comparable course (at no additional cost to you) and you accept that offer in writing. If the course ceases to be provided to you after it starts but before it is completed due to a fault of MIT, then MIT shall either: ⮚ provide you with a refund of the Unspent Tuition Fees paid; or ⮚ arrange for you to be offered a place in an alternative comparable course (at no additional cost to you) and you accept that offer in writing.
Provider Default. Each of the following shall constitute a Default by Provider under the Agreement: (i) if Provider fails to comply with any material provision of the Agreement other than provisions of the SLA, the failure by Provider to cure same within thirty (30) days of receiving written notice from Customer regarding such non-compliance; or (ii) Provider files or initiates proceedings, or has proceedings initiated against it, seeking liquidation, reorganization or other relief (such as the appointment of a trustee, receiver, liquidator, custodian or other such official) under any bankruptcy, insolvency or other similar law, and the same is not dismissed within sixty (60) days.
Provider Default. 8.1 A provider default occurs in relation to you at a location if a course does not start at that location on the starting date or ceases to be provided to you at that location at any time after it starts but before it is completed. It occurs even if we are prevented from providing a course at a location because a sanction has been imposed on us under Part 6 of the ESOS Act.
8.2 A provider default does not occur in relation to you at a location if
Provider Default. A Provider Default shall have occurred and no Qualified Replacement Manager shall have been appointed to replace the Service Provider within ninety (90) days after the occurrence thereof; provided that if the Borrower is proceeding with diligence and in good faith to replace the Service Provider, such ninety (90)-day period shall be extended as may be necessary to cure such failure, such extended period not to exceed one-hundred and fifty (150) days in the aggregate (inclusive of the original 90-day period).
Provider Default. 11.1 On or after the occurrence of any Provider Default, the Scottish Ministers shall be entitled by notice in writing and with immediate effect, to exercise any or all of the following rights and remedies:
11.1.1 to terminate this Agreement in full;
11.1.2 to suspend all further Equity Funding payments; or
11.1.3 to require repayment within 10 (ten) Business Days of any Equity Funding paid in whole or part (save to the extent secured on an Eligible Dwelling pursuant to the Shared Equity Documentation);
11.2 In relation to the exercise by the Scottish Ministers of its rights in Condition 11.1 the Provider shall pay on demand all the Scottish Ministers' losses incurred as a result of the Provider Default (whether or not this Agreement is terminated) including any costs incurred by the Scottish Ministers in investigating any Provider Default which has occurred.
Provider Default a) If the College fails to start or stops providing the Course to you, at the designated location and you have not withdrawn from the College, the College is in default under the ESOS Act.
b) The College will notify you in writing if it goes into default.
c) In cases of provider default, the College will, within 14 days, refund on a pro-rata basis the Tuition Fees for the weeks that tuition will not be provided,
i) you withdraw from a course before it is cancelled; or
ii) it is Your Fault; or
iii) you accept, in writing, an offer in an alternative course arranged by the College.
d) Refunds in the case of provider default are regulated by law. Please refer to the Education Services for Overseas Students (Calculation of Refund) Specification 2014 for the precise method of calculating the refund.
e) In the unlikely event the College does not meet its obligations to either offer you an alternative course that you accept or pay you a refund of your unspent prepaid tuition fees, the Australian Government’s Tuition Protection Service will contact you and assist you in finding an alternative course or to get a refund if a suitable alternative is not found.
Provider Default. 11.1 On or after the occurrence of any Provider Default, the Agency shall be entitled by notice in writing and with immediate effect, to exercise any or all of the following rights and remedies:
11.1.1 to terminate this Deed in full and
11.1.2 to suspend all further Equity Loan Funding payments for Eligible Dwellings (save to the extent Condition 4.3 applies)
11.2 In relation to the exercise by the Agency of its rights in Condition 11 the Provider shall pay on demand all the Agency's losses incurred as a result of the Provider Default (whether or not this Deed is terminated) including any costs incurred by the Agency in investigating any Provider Default which has occurred.
Provider Default. College default event Refund Entitlement Refund arrangements
1.1 The course fails to start on the agreed starting date. A refund of all unspent tuition fees The College will arrange for a refund of these fees to you or a person nominated by you in writing. Paid within 14 days of the default day. Alternatively, the College may offer the student a place in an alternative course at no additional cost of the originally offered course of study. Should the student accept the place offered in another course they will be asked to sign a document to indicate that you have either accepted the refund or place in another course offered by the College
1.2 The course ceases to be provided by the College after it has started, but before it is completed by the student. A refund of all unspent tuition fees The College will arrange for a refund of these fees to you or a person nominated by you in writing. Paid within 14 days of the default day. Alternatively, the College may offer the student a place in an alternative course at no additional cost of the originally offered course of study. Should the student accept the place offered in another course they will be asked to sign a document to indicate that you have either accepted the refund or place in another course offered by the College
1.3 The course is not able to be provided to you in full because the College has had a sanction imposed by a government regulator A refund of all unspent tuition fees The College will arrange for a refund of these fees to you or a person nominated by you in writing. Paid within 14 days of the default day.
1.4 an offer of a place is withdrawn by THE COLLEGE and no incorrect or incomplete information has been provided by the student A refund of all unspent tuition fees The College will arrange for a refund of these fees to you or a person nominated by you in writing. Paid within 14 days of the default day. Alternatively, the College may offer the student a place in an alternative course at no additional cost of the originally offered course of study. Should the student accept the place offered in another course they will be asked to sign a document to indicate that you have either accepted the refund or place in another course offered by the College
1.5 The Tuition Protection Service (TPS)
