Common use of Term of Agreement and Expiration Clause in Contracts

Term of Agreement and Expiration. A. Except as otherwise provided herein, the term of this Agreement shall commence on May 1, 2017, and shall end on June 30, 2020, unless extended by mutual agreement of the parties. B. During the term of this Agreement, neither MDE nor the SRO shall take any action to close either partnership school or apply or enforce any other remedy under Section 1280c of the School Code, MCL 380.1280c. C. Either SPSD or MDE may terminate its participation in this Agreement at any time by agreement with SPSD or for cause, on 30 days’ prior written notice to the other parties hereto. For purposes of this Agreement, “cause” shall include any illegal action or material breach of a party’s promises and obligations contained within this Agreement. D. It is agreed that if either partnership school substantially achieves its established goals at the expiration of this Agreement, then it will be released from the requirements of Section 1280c and/or from any threat of closure or takeover from any other similar or corresponding legislative enactment that may be in effect at the expiration of this Agreement. E. In the event that Section 1280c of the School Code is repealed and not replaced with any corresponding legislative enactment or in the event that a court determines that the SRO is illegally configured, the Executive Order No. 2015-9 is invalid, or the SRO has taken illegal actions in identifying and selecting SPSD partnership schools for closure or takeover, then at SPSD’s option this Agreement shall be void, and the SPSD partnership schools shall have the same standing as any other public school which has not been identified among the lowest achieving 5% of public schools or subject to the requirements of Section 1280c. F. In the event that Section 1280c of the School Code is modified or replaced by another legislative enactment relating to school reform, then the parties agree that that this Agreement shall be grandfathered under such legislative enactment and will be protected by the constitutional doctrines that forbid impairment of contract and ex post facto laws, Mich. Const. Art 1, Section

Term of Agreement and Expiration. A. Except as otherwise provided herein, the term of this Agreement shall commence on May 1, 2017, and shall end on June 30, 20202020 for Saginaw High and Xxxxxx Xxxxxx, and for Xxxxxx Xxxxx the Agreement shall commence on September 4, 2018 and shall end on September 7, 2021, unless extended by mutual agreement of the parties. B. During the term of this Agreement, neither MDE nor the SRO shall take any action to close either partnership school or apply or enforce any other remedy under Section 1280c of the School Code, MCL 380.1280c. C. Either SPSD or MDE may terminate its participation in this Agreement at any time by agreement with SPSD or for cause, on 30 days’ prior written notice to the other parties hereto. For purposes of this Agreement, “cause” shall include any illegal action or material breach of a party’s promises and obligations contained within this Agreement. D. It is agreed that if either partnership school substantially achieves its established goals at the expiration of this Agreement, then it will be released from the requirements of Section 1280c and/or from any threat of closure or takeover from any other similar or corresponding legislative enactment that may be in effect at the expiration of this Agreement. E. In the event that Section 1280c of the School Code is repealed and not replaced with any corresponding legislative enactment or in the event that a court determines that the SRO is illegally configured, the Executive Order No. 2015-9 is invalid, or the SRO has taken illegal actions in identifying and selecting SPSD partnership schools for closure or takeover, then at SPSD’s option this Agreement shall be void, and the SPSD partnership schools shall have the same standing as any other public school which has not been identified among the lowest achieving 5% of public schools or subject to the requirements of Section 1280c. F. In the event that Section 1280c of the School Code is modified or replaced by another legislative enactment relating to school reform, then the parties agree that that this Agreement shall be grandfathered under such legislative enactment and will be protected by the constitutional doctrines that forbid impairment of contract and ex post facto laws, Mich. Const. Art 11,Section. However, Sectionwithin SPSD sole discretion, SPSD can declare this Agreement void and elect to operate its partnership schools under the new legislative enactment. G. At the expiration of the Agreement, the parties agree that before any lawful recommendation is made regarding school closure or takeover of either SPSD partnership schools, SPSD will have the option to reconfigure the partnership school with different school administration and staff and/or different school programs will be an acceptable outcome in lieu of actual school closure and/or takeover.