Termination and Breach. (a) Where the Housing Provider commits a breach of any Section under this Agreement, or where the funding under this Agreement is used for a purpose other than permitted under this Agreement, and the Housing Provider fails to take remedial action as requested by CMHC within thirty (30) days of having received written notice thereof, then CMHC may, at its option (i) suspend funding under this Agreement until the requested remedial action is taken; (ii) discontinue the Rental Assistance payments with respect to the particular Assisted Housing Units involved in the default; or, (iii) terminate this Agreement upon further thirty (30) days’ written notice (b) CMHC, may at its option, terminate immediately in the case of fraud, gross negligence, misappropriation of funds or gross misconduct on the part of the Housing Provider. (c) The Housing Provider may terminate this Agreement prior to the end of the Term by providing sixty (60) days’ written notice thereof. (d) Should the Housing Provider cease to meet the eligibility criteria established under Schedule “A” of this Agreement, or dispose of, other than as described in Section 10, or discontinue the provision of all of its Assisted Housing Units, CMHC may terminate this Agreement upon thirty (30) days’ written notice. (e) The failure of the Housing Provider to adequately manage or maintain any of the Assisted Housing Units or the Project in which they are located, as required under Section 16, shall constitute a breach of this Agreement. (f) The insolvency or bankruptcy of the Housing Providers or the appointment of a receiver to manage any of the assets of the Housing Provider shall constitute a breach of this Agreement. (g) It is understood that a Total Loss which renders one or more Assisted Housing Units uninhabitable shall not constitute grounds for the termination under this Agreement, provided that the Housing Provider proceeds diligently to repair, restore and make the damaged unit/units habitable. This is provided, however, that the funding under this Agreement shall cease with respect to such unit or units until they can again be occupied. The Parties hereto agree that in the event of a Total Loss of all housing units in the Project, then this Agreement shall terminate once such Total Loss is established by CMHC. (h) In the event that an Assisted Household is in breach of any requirement under this Agreement, including any false submission and/or omission of information, CMHC’s obligations to provide funding under this Agreement to the Assisted Household shall be void. (i) If the Housing Provider eligible under this Agreement has not received funding of Rental Assistance for a period exceeding twenty-four (24) months due to the real assistance need being confirmed as nil pursuant to Schedule “D” of this Agreement, CMHC may terminate this Agreement providing sixty (60) days’ written notice thereof. (j) In the event that the Housing Provider is a leaseholder of an emphyteutic lease (ground lease) which is being either (i) terminated or (ii) not being renewed at the end of its Term, then this Agreement will immediately be terminated on the same day as the termination of such emphyteutic lease (ground lease) and any funding under this Agreement not allocated by the Housing Provider at such date shall be returned to CMHC within thirty (30) business days of such termination. (k) In compliance with CMHC’s authorities, the use of the Rental Assistance or Transitional Funding as security to secure other funding is not permitted under this Agreement. (l) Notwithstanding any other terms or condition of this Agreement to the contrary, Section 9 (Books, Accounts, Audit and Reporting Requirements), Section 14 (Confidentiality), Section 15 (Relationship of the Parties), Section 17 (No Waiver), Section 18 (Severability), and Section 21 (Entire Agreement) of this Agreement, and all other provisions of this Agreement necessary to give effect thereto, shall survive any expiry or termination of this Agreement.
Appears in 2 contracts
Samples: Federal Community Housing Initiative Phase Ii Agreement, Federal Community Housing Initiative Phase Ii Agreement
Termination and Breach. (a) Where 19.1 Should the Housing Provider commits a breach of Contractor fail to perform and/or comply with any Section under this Agreement, or where the funding under provision contained in this Agreement is used for a purpose other than permitted under this Agreement, and the Housing Provider fails to take remedial action as requested by CMHC within thirty (30) days of having received written notice thereofand/or conditions contained in any Work Order, then CMHC may, at its option
(i) suspend funding under this Agreement until the requested remedial action is taken;
(ii) discontinue the Rental Assistance payments with respect to the particular Assisted Housing Units involved and in the default; or,
(iii) terminate this Agreement upon further thirty (30) days’ written notice
(b) CMHC, may at its option, terminate immediately in the case of fraud, gross negligence, misappropriation of funds or gross misconduct on the part of the Housing Provider.
(c) The Housing Provider such event Interfront may terminate this Agreement prior and any Work Order/s issued subject to the end provisions of clauses 19.2 and 19.3 below.
19.2 Interfront shall by written notice addressed to the Contractor notify it of the Term by providing sixty non- performance complained off, and the Contractor shall be provided with an opportunity to rectify the non-performance within 5 (60five) days’ written notice thereof.
(d) Should business days from the Housing Provider cease to meet date of the eligibility criteria established under Schedule “A” of this Agreement, or dispose of, other than as described in Section 10, or discontinue the provision of all of its Assisted Housing Units, CMHC may terminate this Agreement upon thirty (30) days’ written notice.
19.3 Failure by the Contractor to rectify the non-performance complained of within the 5 (efive) The failure of the Housing Provider business days as stated in clause 19.2 will lead to adequately manage or maintain any of the Assisted Housing Units or the Project in which they are located, as required under Section 16, shall constitute a breach of this Agreement.
(f) The insolvency or bankruptcy of the Housing Providers or the appointment of a receiver to manage any of the assets of the Housing Provider shall constitute a breach of this Agreement.
(g) It is understood that a Total Loss which renders one or more Assisted Housing Units uninhabitable shall not constitute grounds for the termination under this Agreement, provided that of his Agreement and any Work Order issued to the Housing Provider proceeds diligently relevant Contractor hereunder. Interfront shall have no liability to repair, restore and make the damaged unit/units habitable. This is provided, however, that the funding under this Agreement shall cease Contractor with respect to such unit or units until they can again be occupied. The Parties hereto agree that in termination, other than for payment of the event Contractor's charges for the Services actually and properly rendered prior to the effective date of a Total Loss of all housing units in the Project, then this Agreement shall terminate once such Total Loss is established by CMHCtermination.
(h) In the event that an Assisted Household is in breach of any requirement under this Agreement, including any false submission and/or omission of information, CMHC’s obligations to provide funding under this Agreement to the Assisted Household shall be void.
(i) If the Housing Provider eligible under this Agreement has not received funding of Rental Assistance for a period exceeding twenty-four (24) months due to the real assistance need being confirmed as nil pursuant to Schedule “D” of this Agreement, CMHC may terminate this Agreement providing sixty (60) days’ written notice thereof.
(j) 19.4 In the event that the Housing Provider MSA is a leaseholder of an emphyteutic lease (ground lease) which is being either (i) terminated or (ii) not being renewed at any Project concluded pursuant to the end of its TermMSA is terminated, then Interfront reserves the right to terminate this Agreement will immediately be terminated on or one or more Work Orders, in whole or in part, at any stage during the same day as Term by giving the termination Contractor 1 (one) calendar month’s prior written notice. Interfront shall have no liability to the Contractor with respect to such termination, other than for payment of such emphyteutic lease (ground lease) the Contractor's charges for the Services actually and any funding under this Agreement not allocated by properly rendered prior to the Housing Provider at such effective date shall be returned to CMHC within thirty (30) business days of such termination.
(k) In compliance with CMHC’s authorities, 19.5 Notwithstanding the use of the Rental Assistance or Transitional Funding as security to secure other funding is not permitted under this Agreement.
(l) Notwithstanding any other terms or condition of this Agreement to the contrary, Section 9 (Books, Accounts, Audit and Reporting Requirements), Section 14 (Confidentiality), Section 15 (Relationship of the Parties), Section 17 (No Waiver), Section 18 (Severability), and Section 21 (Entire Agreement) remaining provisions of this Agreement, Interfront shall also be entitled at any time to reduce the scope of any Services or deliverables to be provided by the Contractor pursuant to a Work Order.
19.6 Notwithstanding any provisions contained in this Agreement, if:
19.6.1 the Contractor, for any reason whatsoever, fails or is unable to perform any of the Services as specified herein and/or the Annexures attached to this Agreement and/or a Works Order; or
19.6.2 the Contractor fails to observe the standard of care as specified in this Agreement; or
19.6.3 the Contractor fails to achieve deadlines within any time frames agreed on with Interfront; or
19.6.4 the Contractor becomes insolvent or compromises with its creditors; or
19.6.5 undergoes a change of control other than by reason of a transfer from one shareholder of the Contractor as of the Effective Date to another shareholder as of such date; or
19.6.6 the Contractor breaches in any other way the terms and all other provisions conditions of this Agreement necessary and fails to give effect theretoremedy that breach within 14 (fourteen) days of receipt of written notice from Interfront calling upon it to do so; or
19.6.7 if the Contractor is placed of the Register of Tender Defaulters or the List of Restricted Suppliers as maintained my National Treasury; or
19.6.8 there is a change in control of Interfront, Interfront is restructured in any manner, which includes voluntary liquidation, absorption by or transfer of assets and staff to SARS; then Interfront shall survive be entitled, without prejudice to any expiry other rights that it may have in law, to terminate this contract summarily and without notice and no further payments shall be due or termination payable to the Contractor in respect of this Agreementthe balance of the Term.
Appears in 1 contract
Samples: Independent Contractor Agreement
Termination and Breach. (a) Where the Housing Provider commits a breach of any Section under this Agreement, or where the funding under this Agreement is used for a purpose other than permitted under this Agreement, and the Housing Provider fails to take remedial action as requested by CMHC within thirty (30) days of having received written notice thereof, then CMHC may, at its option
(i) suspend funding under this Agreement until the requested remedial action is taken;
(ii) discontinue the Rental Assistance payments with respect to the particular Assisted Housing Units involved in the default; or,
(iii) terminate this Agreement upon further thirty (30) days’ written notice
(b) CMHC, may at its option, terminate immediately in the case of fraud, gross negligence, misappropriation of funds or gross misconduct on the part of the Housing Provider.
(c) The Housing Provider 9.1 Either party may terminate this Agreement prior to at any stage during the end Contract Term by giving the other ____ [days/weeks/months] written notice of the Term by providing sixty (60) days’ written notice thereof.
(d) Should the Housing Provider cease to meet the eligibility criteria established under Schedule “A” of this Agreement, or dispose of, other than as described in Section 10, or discontinue the provision of all of its Assisted Housing Units, CMHC may terminate this Agreement upon thirty (30) days’ written notice.
(e) The failure of the Housing Provider to adequately manage or maintain any of the Assisted Housing Units or the Project in which they are located, as required under Section 16, shall constitute a breach termination of this Agreement.
(f) The insolvency 9.2 Notwithstanding the provisions of clause 9.1 above, if the Subcontractor:
9.2.1 fails, for any reason whatsoever, to perform all the Services as specified in this Agreement; or
9.2.2 fails to observe the standard of care as specified in clause 7; or
9.2.3 fails to achieve deadlines within an time frames agreed to with LSA; or
9.2.4 becomes insolvent or bankruptcy compromises with its creditors or is placed under supervision; or
9.2.5 breaches in any other way the terms and conditions of this agreement, then LSA shall be entitled to terminate this contract summarily, upon written notice to the Subcontractor, and no further payments shall be due or payable to the Subcontractor in respect of the Housing Providers or balance of the appointment Contract Term.
9.3 Should the Subcontractor act in breach of a receiver to manage any of the assets provisions of this agreement, LSA shall be entitled, in its absolute discretion, to elect to:
9.3.1 claim damages from the Subcontractor arising out of the Housing Provider Subcontractor’s breach; or
9.3.2 demand immediate payment by the Subcontractor of an amount equal to five times the total amount of consideration paid or payable to the Subcontractor by LSA during the Contract Term; Provided that such breach was not due to, or resultant from, circumstances that were beyond the control of the Subcontractor.
9.4 On termination of the Agreement, the Subcontractor shall constitute a be obliged to return all property belonging to LSA, which property shall include, but not be limited to, all trade secrets and confidential information and/or documentation or any other related items.
9.5 Should LSA commit any breach of its obligations in terms of this Agreement.
(g) It is understood that agreement, then the Subcontractor shall be entitled to institute a Total Loss which renders one or more Assisted Housing Units uninhabitable shall not constitute grounds claim for the termination under this Agreementdamages against LSA in respect of such breach, provided that the Housing Provider proceeds diligently Subcontractor shall not be entitled to repair, restore and make the damaged unit/units habitable. This is provided, however, that the funding under this Agreement shall cease with respect to such unit or units until they can again be occupied. The Parties hereto agree that in the event of a Total Loss of all housing units in the Project, then this Agreement shall terminate once such Total Loss is established by CMHC.
(h) In the event that an Assisted Household is in exercise any right arising from any breach of any requirement under this Agreementagreement unless LSA has been afforded ten days after receipt of written notice calling upon it to remedy such alleged breach and, including any false submission and/or omission despite such notice and the elapse of informationten days, CMHC’s obligations to provide funding under this Agreement to the Assisted Household shall be void.
(i) If the Housing Provider eligible under this Agreement alleged breach has not received funding of Rental Assistance for a period exceeding twenty-four (24) months due to the real assistance need being confirmed as nil pursuant to Schedule “D” of this Agreement, CMHC may terminate this Agreement providing sixty (60) days’ written notice thereofbeen remedied.
(j) In the event that the Housing Provider is a leaseholder of an emphyteutic lease (ground lease) which is being either (i) terminated or (ii) not being renewed at the end of its Term, then this Agreement will immediately be terminated on the same day as the termination of such emphyteutic lease (ground lease) and any funding under this Agreement not allocated by the Housing Provider at such date shall be returned to CMHC within thirty (30) business days of such termination.
(k) In compliance with CMHC’s authorities, the use of the Rental Assistance or Transitional Funding as security to secure other funding is not permitted under this Agreement.
(l) Notwithstanding any other terms or condition of this Agreement to the contrary, Section 9 (Books, Accounts, Audit and Reporting Requirements), Section 14 (Confidentiality), Section 15 (Relationship of the Parties), Section 17 (No Waiver), Section 18 (Severability), and Section 21 (Entire Agreement) of this Agreement, and all other provisions of this Agreement necessary to give effect thereto, shall survive any expiry or termination of this Agreement.
Appears in 1 contract
Samples: Consultant Subcontractor Agreement
Termination and Breach. (a) Where the Housing Provider commits a breach of any Section under this Agreement, or where the funding under this Agreement is used for a purpose other than permitted under this Agreement, and the Housing Provider fails to take remedial action as requested by CMHC within thirty (30) days of having received written notice thereof, then CMHC may, at its option
(i) suspend funding under this Agreement until the requested remedial action is taken;
(ii) discontinue the Rental Assistance payments with respect to the particular Assisted Housing Units involved in the default; or,
(iii) terminate this Agreement upon further thirty (30) days’ written notice
(b) CMHC, may at its option, terminate immediately in the case of fraud, gross negligence, misappropriation of funds or gross misconduct on the part of the Housing Provider.
(c) The Housing Provider may terminate this Agreement prior to the end of the Term by providing sixty (60) days’ written notice thereof.
(d) Should the Housing Provider cease to meet the eligibility criteria established under Schedule “A” of this Agreement, or dispose of, other than as described in Section 10, or discontinue the provision of all of its Assisted Housing Units, CMHC may terminate this Agreement upon thirty (30) days’ written notice.. Void Agreement
(e) The failure of the Housing Provider to adequately manage or maintain any of the Assisted Housing Units or the Project in which they are located, as required under Section 16, shall constitute a breach of this Agreement.
(f) The insolvency or bankruptcy of the Housing Providers or the appointment of a receiver to manage any of the assets of the Housing Provider shall constitute a breach of this Agreement.
(g) It is understood that a Total Loss which renders one or more Assisted Housing Units uninhabitable shall not constitute grounds for the termination under this Agreement, provided that the Housing Provider proceeds diligently to repair, restore and make the damaged unit/units habitable. This is provided, however, that the funding under this Agreement shall cease with respect to such unit or units until they can again be occupied. The Parties hereto agree that in the event of a Total Loss of all housing units in the Project, then this Agreement shall terminate once such Total Loss is established by CMHC.
(h) In the event that an Assisted Household is in breach of any requirement under this Agreement, including any false submission and/or omission of information, CMHC’s obligations to provide funding under this Agreement to the Assisted Household shall be void.
(i) If the Housing Provider eligible under this Agreement has not received funding of Rental Assistance for a period exceeding twenty-four (24) months due to the real assistance need being confirmed as nil pursuant to Schedule “D” of this Agreement, CMHC may terminate this Agreement providing sixty (60) days’ written notice thereof.
(j) In the event that the Housing Provider is a leaseholder of an emphyteutic lease (ground lease) which is being either (i) terminated or (ii) not being renewed at the end of its Term, then this Agreement will immediately be terminated on the same day as the termination of such emphyteutic lease (ground lease) and any funding under this Agreement not allocated by the Housing Provider at such date shall be returned to CMHC within thirty (30) business days of such termination.
(k) In compliance with CMHC’s authorities, the use of the Rental Assistance or Transitional Funding as security to secure other funding is not permitted under this Agreement.
(l) Notwithstanding any other terms or condition of this Agreement to the contrary, Section 9 (Books, Accounts, Audit and Reporting Requirements), Section 14 (Confidentiality), Section 15 (Relationship of the Parties), Section 17 (No Waiver), Section 18 (Severability), and Section 21 (Entire Agreement) of this Agreement, and all other provisions of this Agreement necessary to give effect thereto, shall survive any expiry or termination of this Agreement.
Appears in 1 contract
Samples: Federal Community Housing Initiative Phase Ii Agreement
Termination and Breach. Void agreement
(a) Where the Housing Provider commits a breach of any Section under this Agreement, or where the funding under this Agreement is used for a purpose other than permitted under this Agreement, and the Housing Provider fails to take remedial action as requested by CMHC within thirty (30) days of having received written notice thereof, then CMHC may, at its option
(i) suspend funding under this Agreement until the requested remedial action is taken;
(ii) discontinue the Rental Assistance payments with respect to the particular Assisted Housing Units involved in the default; or,
(iii) terminate this Agreement upon further thirty (30) days’ written notice
(b) CMHC, may at its option, terminate immediately in the case of fraud, gross negligence, misappropriation of funds or gross misconduct on the part of the Housing Provider.
(c) The Housing Provider may terminate this Agreement prior to the end of the Term by providing sixty (60) days’ written notice thereof.
(d) Should the Housing Provider cease to meet the eligibility criteria established under Schedule “A” of this Agreement, or dispose of, other than as described in Section 10, or discontinue the provision of all of its Assisted Housing Units, CMHC may terminate this Agreement upon thirty (30) days’ written notice.
(e) The failure of the Housing Provider to adequately manage or maintain any of the Assisted Housing Units or the Project in which they are located, as required under Section 16, shall constitute a breach of this Agreement.
(f) The insolvency or bankruptcy of the Housing Providers or the appointment of a receiver to manage any of the assets of the Housing Provider shall constitute a breach of this Agreement.
(g) It is understood that a Total Loss which renders one or more Assisted Housing Units uninhabitable shall not constitute grounds for the termination under this Agreement, provided that the Housing Provider proceeds diligently to repair, restore and make the damaged unit/units habitable. This is provided, however, that the funding under this Agreement shall cease with respect to such unit or units until they can again be occupied. The Parties hereto agree that in the event of a Total Loss of all housing units in the Project, then this Agreement shall terminate once such Total Loss is established by CMHC.
(h) In the event that an Assisted Household is in breach of any requirement under this Agreement, including any false submission and/or omission of information, CMHC’s obligations to provide funding under this Agreement to the Assisted Household shall be void.
(i) If the Housing Provider eligible under this Agreement has not received funding of Rental Assistance for a period exceeding twenty-four (24) months due to the real assistance need being confirmed as nil pursuant to Schedule “D” of this Agreement, CMHC may terminate this Agreement providing sixty (60) days’ written notice thereof.
(j) In the event that the Housing Provider is a leaseholder of an emphyteutic lease (ground lease) which is being either (i) terminated or (ii) not being renewed at the end of its Term, then this Agreement will immediately be terminated on the same day as the termination of such emphyteutic lease (ground lease) and any funding under this Agreement not allocated by the Housing Provider at such date shall be returned to CMHC within thirty (30) business days of such termination.
(k) In compliance with CMHC’s authorities, the use of the Rental Assistance or Transitional Funding as security to secure other funding is not permitted under this Agreement.
(l) Notwithstanding any other terms or condition of this Agreement to the contrary, Section 9 (Books, Accounts, Audit and Reporting Requirements), Section 14 (Confidentiality), Section 15 (Relationship of the Parties), Section 17 (No Waiver), Section 18 (Severability), and Section 21 (Entire Agreement) of this Agreement, and all other provisions of this Agreement necessary to give effect thereto, shall survive any expiry or termination of this Agreement.
Appears in 1 contract
Samples: Federal Community Housing Initiative Phase Ii Agreement