Common use of Termination and Corrective Action Clause in Contracts

Termination and Corrective Action. 17.1 The Province may terminate this Agreement immediately upon giving notice to the Recipient if: (a) in the opinion of the Province: (i) the Recipient has knowingly provided false or misleading information regarding its funding request or in any other communication with the Province; (ii) the Recipient breaches any representation, warranty, covenant or other material term of this Agreement, including failing to do any of the following in accordance with the terms and conditions of this Agreement: (a) carry out the Initiative; (b) use or spend the Funding; or (c) provide Reports or other such reports required by this Agreement or requested by the Province; (iii) the Recipient is unable to complete the Initiative or is likely to discontinue it; or (iv) it is not reasonable for any reason for the Recipient to complete the Initiative; (b) the nature of the Recipient’s operations, organizational structure or its corporate status, changes so that it no longer meets any applicable eligibility requirements under which the Province is providing the Funding; (c) the Recipient makes an assignment, proposal, compromise, or arrangement for the benefit of creditors, or is petitioned into bankruptcy, or files for the appointment of a receiver; (d) the Recipient ceases to carry on business or operate; or (e) an event of Force Majeure that continues for a period of 60 days or more. 17.2 If the Province considers that it is appropriate to allow the Recipient the opportunity to remedy a breach of this Agreement, the Province may give the Recipient an opportunity to remedy the breach by giving the Recipient written notice: (a) of the particulars of the breach; (b) of the period of time within which the Recipient is required to remedy the breach; and (c) that the Province will terminate this Agreement: (i) at the end of the notice period provided for in the notice if the Recipient fails to remedy the breach within the time specified in the notice; or (ii) prior to the end of the notice period provided for in the notice if it becomes apparent to the Province that the Recipient cannot completely remedy the breach within that time or such further period of time as the Province considers reasonable, or the Recipient is not proceeding to remedy the breach in a way that is satisfactory to the Province. 17.3 If the Province has provided the Recipient with an opportunity to remedy the breach, and (a) the Recipient does not remedy the breach within the time period specified in the notice; (b) it becomes apparent to the Province that the Recipient cannot completely remedy the breach within the time specified in the notice or such further period of time as the Province considers reasonable; or (c) the Recipient is not proceeding to remedy the breach in a way that is satisfactory to the Province, the Province may immediately terminate this Agreement by giving notice of termination to the Recipient. 17.4 Despite the Province’s right to terminate this Agreement pursuant to section 17.1, the Province may, in addition to and in the alternative to section 17.2, choose not to terminate this Agreement and may take whatever corrective action it considers necessary and appropriate, including suspending Funding for such period as the Province determines, to ensure the successful completion of the Initiative in accordance with this Agreement. 17.5 The effective date of any termination under this Article will be the last day of the notice period, the last day of any subsequent notice period or immediately, which ever applies.

Termination and Corrective Action. 17.1 The Province may terminate this Agreement immediately upon giving notice to the Recipient if: (a) in the opinion of the Province: (i) the Recipient has knowingly provided false or misleading information regarding its funding request or in any other communication with the Province; (ii) the Recipient breaches any representation, warranty, covenant or other material term provision of this Agreement, including failing to do any of the following in accordance with the terms and conditions of this Agreement: (a) carry out the Initiative; (b) use or spend the Funding; or (c) provide Reports or other such reports required by this Agreement or requested by the Province; (iii) the Recipient is unable to complete the Initiative Project or is likely to discontinue it; or (iv) it is not reasonable for any reason for the Recipient to complete the InitiativeProject; (b) the nature of the Recipient’s operationsbusiness, organizational structure or its corporate status, changes so that it no longer meets any applicable eligibility requirements under which the Province is providing the Funding; (c) the Recipient makes an assignment, proposal, compromise, or arrangement for the benefit of creditors, or is petitioned into bankruptcy, or files for the appointment of a receiver;; or (d) the Recipient ceases to carry on business or operate; or (e) an event of Force Majeure that continues for a period of 60 days or morebusiness. 17.2 If the Province considers that it is appropriate to allow the Recipient the opportunity to remedy a breach of this Agreement, the Province may give the Recipient an opportunity to remedy the breach by giving the Recipient written notice: (a) of the particulars of the breach; (b) of the period of time within which the Recipient is required to remedy the breach; and (c) that the Province will terminate this Agreement: (i) at the end of the notice period provided for in the notice if the Recipient fails to remedy the breach within the time specified in the notice; or (ii) prior to the end of the notice period provided for in the notice if it becomes apparent to the Province that the Recipient cannot completely remedy the breach within that time or such further period of time as the Province considers reasonable, or the Recipient is not proceeding to remedy the breach in a way that is satisfactory to the Province. 17.3 If the Province has provided the Recipient with an opportunity to remedy the breach, and (a) the Recipient does not remedy the breach within the time period specified in the notice; (b) it becomes apparent to the Province that the Recipient cannot completely remedy the breach within the time specified in the notice or such further period of time as the Province considers reasonable; or (c) the Recipient is not proceeding to remedy the breach in a way that is satisfactory to the Province, the Province may immediately terminate this Agreement by giving notice of termination to the Recipient. 17.4 Despite the Province’s right to terminate this Agreement pursuant to section 17.1, the Province may, in addition to and in the alternative to section 17.2, choose not to terminate this Agreement and may take whatever corrective action it considers necessary and appropriate, including suspending Funding for such period as the Province determines, to ensure the successful completion of the Initiative Project in accordance with this Agreement. 17.5 The effective date of any termination under this Article will be the last day of the notice period, the last day of any subsequent notice period or immediately, which ever applies.

Termination and Corrective Action. 17.1 The Province may terminate this Agreement immediately upon giving notice to the Recipient if: (a) : in the opinion of the Province: (i) : the Recipient has knowingly provided false or misleading information regarding its funding request or in any other communication with the Province; (ii) ; the Recipient breaches any representation, warranty, covenant or other material term provision of this Agreement, including failing to do any of the following in accordance with the terms and conditions of this Agreement: (a) carry out the Initiative; (b) use or spend the Funding; or (c) provide Reports or other such reports required by this Agreement or requested by the Province; (iii) the Recipient is unable to complete the Initiative Project or is likely to discontinue it; or (iv) or it is not reasonable for any reason for the Recipient to complete the Initiative; (b) Project; the nature of the Recipient’s operationsbusiness, organizational structure or its corporate status, changes so that it no longer meets any applicable eligibility requirements under which the Province is providing the Funding; (c) ; the Recipient makes an assignment, proposal, compromise, or arrangement for the benefit of creditors, or is petitioned into bankruptcy, or files for the appointment of a receiver; (d) ; or the Recipient ceases to carry on business or operate; or (e) an event of Force Majeure that continues for a period of 60 days or more. 17.2 business. If the Province considers that it is appropriate to allow the Recipient the opportunity to remedy a breach of this Agreement, the Province may give the Recipient an opportunity to remedy the breach by giving the Recipient written notice: (a) : of the particulars of the breach; (b) ; of the period of time within which the Recipient is required to remedy the breach; and (c) and that the Province will terminate this Agreement: (i) : at the end of the notice period provided for in the notice if the Recipient fails to remedy the breach within the time specified in the notice; or (ii) or prior to the end of the notice period provided for in the notice if it becomes apparent to the Province that the Recipient cannot completely remedy the breach within that time or such further period of time as the Province considers reasonable, or the Recipient is not proceeding to remedy the breach in a way that is satisfactory to the Province. 17.3 . If the Province has provided the Recipient with an opportunity to remedy the breach, and (a) and the Recipient does not remedy the breach within the time period specified in the notice; (b) ; it becomes apparent to the Province that the Recipient cannot completely remedy the breach within the time specified in the notice or such further period of time as the Province considers reasonable; or (c) or the Recipient is not proceeding to remedy the breach in a way that is satisfactory to the Province, the Province may immediately terminate this Agreement by giving notice of termination to the Recipient. 17.4 . Despite the Province’s right to terminate this Agreement pursuant to section 17.1, the Province may, in addition to and in the alternative to section 17.2, choose not to terminate this Agreement and may take whatever corrective action it considers necessary and appropriate, including suspending Funding for such period as the Province determines, to ensure the successful completion of the Initiative Project in accordance with this Agreement. 17.5 . The effective date of any termination under this Article will be the last day of the notice period, the last day of any subsequent notice period or immediately, which ever applies. Upon termination of this Agreement pursuant to either Article 16.0 or 29.0, the Province may: cancel all further Funding instalments; and/or demand the repayment of any Funding (including any interest) remaining in the possession or under the control of the Recipient; and the Province will determine the Recipient’s reasonable costs to terminate the Project (if such action is necessary) and allow the Recipient to set-off such costs against the amount owing by the Recipient to the Province. In no event will the Province be responsible for any amount by which the costs exceed the amount owing. Upon termination of this Agreement pursuant to Article 17.0, the Province may: cancel all further Funding instalments; and/or demand the repayment of the Funding in whole or in part (including any interest), or an amount equal thereto.

Termination and Corrective Action. 17.1 18.1 The Province Ministry may terminate this Agreement immediately upon giving notice to the Recipient if: (a) in the opinion of the ProvinceMinistry: (i) the Recipient has knowingly provided false or misleading information regarding its funding request or in any other communication with the ProvinceMinistry; (ii) the Recipient breaches any representation, warranty, covenant or other material term provision of this Agreement, including failing to do any of the following in accordance with the terms and conditions of this Agreement: (a) carry out the Initiative; (b) use or spend the Funding; or (c) provide Reports or other such reports required by this Agreement or requested by the Province; (iii) the Recipient is unable to complete the Initiative Project or is likely to discontinue it; or (iv) it is not reasonable for any reason for the Recipient to complete the InitiativeProject; (b) the nature of the Recipient’s operationsbusiness, organizational structure or its corporate status, changes so that it no longer meets any applicable eligibility requirements under which the Province Ministry is providing the Funding; (c) the Recipient makes an assignment, proposal, compromise, or arrangement for the benefit of creditors, or is petitioned into bankruptcy, or files for the appointment of a receiver;; or (d) the Recipient ceases to carry on business or operate; or (e) an event of Force Majeure that continues for a period of 60 days or morebusiness. 17.2 18.2 If the Province Ministry considers that it is appropriate to allow the Recipient the opportunity to remedy a breach of this Agreement, the Province Ministry may give the Recipient an opportunity to remedy the breach by giving the Recipient written notice: (a) of the particulars of the breach; (b) of the period of time within which the Recipient is required to remedy the breach; and (c) that the Province Ministry will terminate this Agreement: (i) at the end of the notice period provided for in the notice if the Recipient fails to remedy the breach within the time specified in the notice; or (ii) prior to the end of the notice period provided for in the notice if it becomes apparent to the Province Ministry that the Recipient cannot completely remedy the breach within that time or such further period of time as the Province Ministry considers reasonable, or the Recipient is not proceeding to remedy the breach in a way that is satisfactory to the ProvinceMinistry. 17.3 18.3 If the Province Ministry has provided the Recipient with an opportunity to remedy the breach, and (a) the Recipient does not remedy the breach within the time period specified in the notice; (b) it becomes apparent to the Province Ministry that the Recipient cannot completely remedy the breach within the time specified in the notice or such further period of time as the Province Ministry considers reasonable; or (c) the Recipient is not proceeding to remedy the breach in a way that is satisfactory to the ProvinceMinistry, the Province Ministry may immediately terminate this Agreement by giving notice of termination to the Recipient. 17.4 18.4 Despite the ProvinceMinistry’s right to terminate this Agreement pursuant to section 17.118.1, the Province Ministry may, in addition to and in the alternative to section 17.218.2, choose not to terminate this Agreement and may take whatever corrective action it considers necessary and appropriate, including suspending Funding for such period as the Province Ministry determines, to ensure the successful completion of the Initiative Project in accordance with this Agreement. 17.5 18.5 The effective date of any termination under this Article will be the last day of the notice period, the last day of any subsequent notice period or immediately, which ever applies.

Termination and Corrective Action. 17.1 The Province may terminate this Agreement immediately upon giving notice to the Recipient if: (a) in the opinion of the Province: (i) the Recipient has knowingly provided false or misleading information regarding its funding request or in any other communication with the Province; (ii) the Recipient breaches any representation, warranty, covenant or other material term provision of this Agreement, including failing to do any of the following in accordance with the terms and conditions of this Agreement: (a) carry out the Initiative; (b) use or spend the Funding; or (c) provide Reports or other such reports required by this Agreement or requested by the Province; (iii) the Recipient is unable to complete the Initiative or is likely to discontinue it; or (iv) it is not reasonable for any reason for the Recipient to complete the Initiative; (b) the nature of the Recipient’s operationsbusiness, organizational structure or its corporate status, changes so that it no longer meets any applicable eligibility requirements under which the Province is providing the Funding; (c) the Recipient makes an assignment, proposal, compromise, or arrangement for the benefit of creditors, or is petitioned into bankruptcy, or files for the appointment of a receiver;; or (d) the Recipient ceases to carry on business or operate; or (e) an event of Force Majeure that continues for a period of 60 days or morebusiness. 17.2 If the Province considers that it is appropriate to allow the Recipient the opportunity to remedy a breach of this Agreement, the Province may give the Recipient an opportunity to remedy the breach by giving the Recipient written notice:to (a) of the particulars of the breach; (b) of the period of time within which the Recipient is required to remedy the breach; and (c) that the Province will terminate this Agreement: (i) at the end of the notice period provided for in the notice if the Recipient fails to remedy the breach within the time specified in the notice; or (ii) prior to the end of the notice period provided for in the notice if it becomes apparent to the Province that the Recipient cannot completely remedy the breach within that time or such further period of time as the Province considers reasonable, or the Recipient is not proceeding to remedy the breach in a way that is satisfactory to the Province. 17.3 If the Province has provided the Recipient with an opportunity to remedy the breach, and (a) the Recipient does not remedy the breach within the time period specified in the notice; (b) it becomes apparent to the Province that the Recipient cannot completely remedy the breach within the time specified in the notice or such further period of time as the Province considers reasonable; or (c) the Recipient is not proceeding to remedy the breach in a way that is satisfactory to the Province, the Province may immediately terminate this Agreement by giving notice of termination to the Recipient. 17.4 Despite the Province’s right to terminate this Agreement pursuant to section 17.1, the Province may, in addition to and in the alternative to section 17.2, choose not to terminate this Agreement and may take whatever corrective action it considers necessary and appropriate, including suspending Funding for such period as the Province determines, to ensure the successful completion of the Initiative in accordance with this Agreement. 17.5 The effective date of any termination under this Article will be the last day of the notice period, the last day of any subsequent notice period or immediately, which ever applies.

Termination and Corrective Action. 17.1 The Province may terminate this Agreement immediately upon giving notice to the Recipient if: (a) in the opinion of the Province: (i) the Recipient has knowingly provided false or misleading information regarding its funding request or in any other communication with the Province; (ii) the Recipient breaches any representation, warranty, covenant or other material term provision of this Agreement, including failing to do any of the following in accordance with the terms and conditions of this Agreement: (a) carry out the Initiative; (b) use or spend the Funding; or (c) provide Reports or other such reports required by this Agreement or requested by the Province; (iii) the Recipient is unable to complete the Initiative Project or is likely to discontinue it; or (iv) it is not reasonable for any reason for the Recipient to complete the InitiativeProject; (b) the nature of the Recipient’s operationsbusiness, organizational structure or its corporate status, changes so that it no longer meets any applicable eligibility requirements under which the Province is providing the Funding; (c) the Recipient makes an assignment, proposal, compromise, or arrangement for the benefit of creditors, or is petitioned into bankruptcy, or files for the appointment of a receiver;; or (d) the Recipient ceases to carry on business or operate; or (e) an event of Force Majeure that continues for a period of 60 days or morebusiness. 17.2 If the Province considers that it is appropriate to allow the Recipient the opportunity to remedy a breach of this Agreement, the Province may give the Recipient an opportunity to remedy the breach by giving the Recipient written notice: (a) of the particulars of the breach; (b) of the period of time within which the Recipient is required to remedy the breach; and (c) that the Province will terminate this Agreement: (i) at the end of the notice period provided for in the notice if the Recipient fails to remedy the breach within the time specified in the notice; or (ii) prior to the end of the notice period provided for in the notice if it becomes apparent to the Province that the Recipient cannot completely remedy the breach within that time or such further period of time as the Province considers reasonable, or the Recipient is not proceeding to remedy the breach in a way that is satisfactory to the Province. 17.3 If the Province has provided the Recipient with an opportunity to remedy the breach, and (a) the Recipient does not remedy the breach within the time period specified in the notice; (b) it becomes apparent to the Province that the Recipient cannot completely remedy the breach within the time specified in the notice or such further period of time as the Province considers reasonable; or (c) the Recipient is not proceeding to remedy the breach in a way that is satisfactory to the Province, the Province may immediately terminate this Agreement by giving notice of termination to the Recipient. 17.4 Despite the Province’s right to terminate this Agreement pursuant to section 17.1, the Province may, in addition to and in the alternative to section 17.2, choose not to terminate this Agreement and may take whatever corrective action it considers necessary and appropriate, including suspending Funding for such period as the Province determines, to ensure the successful completion of the Initiative in accordance with this Agreement. 17.5 The effective date of any termination under this Article will be the last day of the notice period, the last day of any subsequent notice period or immediately, which ever applies.