Common use of Termination and Discharge Clause in Contracts

Termination and Discharge. A. This Residency Agreement and residency in the Residence may be terminated in any of the following ways: 1. By mutual agreement between You and the Operator; 2. Upon 30 days written notice from You or Your Representative to the Operator of Your intention to terminate the agreement and leave the facility. This notice is required regardless of your reason for termination of the agreement; 3. Upon 30 days written notice from the Operator to You, Your Representative, Your next of kin, the person designated in this agreement as the responsible party and any person designated by You. Involuntary termination of a Residency Agreement is permitted only for the reasons listed below, and then only if the Operator initiates a court proceeding and the court rules in favor of the Operator. B. The grounds upon which involuntary termination may occur are: 1. You require continual medical or nursing care which the Residence is not permitted by law or regulation to provide; 2. If Your behavior poses imminent risk of death or imminent risk of serious physical harm to You or anyone else; 3. You fail to make timely payment for all authorized charges, expenses and other assessments, if any, for services including use and occupancy of the premises, materials, equipment and food which You have agreed to pay under this Agreement. If Your failure to make timely payment resulted from an interruption in Your receipt of any public benefit to which You are entitled, no involuntary termination of this Agreement can take place unless the Operator, during the thirty-day period of notice of termination, assists You in obtaining such public benefits or other available supplemental public benefits. You agree that You will cooperate with such efforts by the Operator to obtain such benefits. 4. You repeatedly behave in a manner that directly impairs the well- being, care or safety of Yourself or any other Resident, or which substantially interferes with the orderly operation of the Residence; 5. The Operator has had his/her operating certificate limited, revoked, temporarily suspended or the Operator has voluntarily surrendered the operation of the facility; 6. A receiver has been appointed pursuant to Section 461-f of the New York State Social Services Law and is providing for the orderly transfer of all residents in the Residence to other residences or is making other provisions for the Residents’ continued safety and care. If the Operator decides to terminate the Residency Agreement for any of the reasons stated above, the Operator will give You a notice of termination and discharge, which must be at least 30 days after delivery of notice, the reason for termination, a statement of Your right to object and a list of free legal advocacy resources approved by the State Department of Health. You may object to the Operator about the proposed termination and may be represented by an attorney or advocate. If You challenge the termination, the Operator, in order to terminate, must institute a special proceeding in court. You will not be discharged against Your will unless the court rules in favor of the Operator. While legal action is in progress, the Operator must not seek to amend the Residency Agreement in effect as of the date of the notice of termination, fail to provide any of the care and services required by Department regulations and the Residency Agreement, or engage in any action to intimidate or harass You. Both You and the Operator are free to seek any other judicial relief to which they may be entitled. The Operator must assist You if the Operator proposes to transfer or discharge You to the extent necessary to assure, whenever practicable, Your placement in a care setting which is adequate, appropriate and consistent with Your wishes.

Termination and Discharge. ‌ A. This Residency Agreement and residency in the Residence may be terminated in any of the following ways: 1. By mutual agreement between You you and the Operator; 2. Upon 30 days written day notice from You form you or Your Representative your representative to the Operator of Your your intention to terminate the agreement Agreement and leave the facility. This notice is required regardless of your reason for termination of the agreementResidence; 3. Upon 30 days written notice from the Operator to Youyou, Your Representativeyour representative, Your your next of kin, the person designated in this agreement Agreement as the responsible party and any person designated by Youyou. Involuntary termination of a Residency Agreement is permitted only for the reasons listed below subject to your rights as set forth below, and then only if the Operator initiates a court proceeding and the court rules in favor of the Operator. B. The grounds upon which involuntary termination may occur are: 1. You require continual medical or nursing care which the Residence is not permitted by law or regulation to provide; 2. If Your your behavior poses imminent risk of death or imminent risk of serious physical harm to You you or anyone else; 3. You fail to make timely payment for all authorized charges, expenses and other assessments, if any, for services including use and occupancy of the premises, materials, equipment and food which You you have agreed to pay under this Agreement. If Your your failure to make timely payment payments resulted from an interruption in Your your receipt of any public benefit to which You you are entitled, no involuntary termination of this Agreement can take place unless the Operatoroperator, during the thirty-day period of notice of termination, assists You you in obtaining such public benefits or other available supplemental public benefits. You agree that You you will cooperate with such efforts by the Operator operator to obtain such benefits.; 4. You repeatedly behave in a manner that directly impairs the well- well-being, care or safety of Yourself or yourself to any other Residentresident, or which substantially interferes with the orderly operation of the Residence; 5. The Operator operator has had his/her its operating certificate limited, revoked, temporarily suspended or the Operator has voluntarily surrendered the operation of the facilityResidence or; 6. A receiver has been appointed pursuant to Section 461-f of the New York State Social Services Law and is providing provided for the orderly transfer of all residents in the Residence to other residences Residences or is making other provisions for the Residents’ resident’s continued safety and care. . C. If the Operator operator decides to terminate the Residency Agreement for any of the reasons stated above, the Operator operator will give You you a notice of termination and discharge, discharge which must be at least 30 30-days after the delivery of notice, the reason for termination, a statement of Your your right to object and a list of free legal advocacy resources approved by the State Department of Health. . D. You may object to the Operator operator about the proposed termination and may be represented by an attorney or advocate. If You you challenge the termination, the Operatoroperator, in order to terminate, must institute a special proceeding in court. You will not be discharged against Your your will unless the court rules in favor of the Operator. operator. E. While legal action is in progress, the Operator operator must not seek to amend the Residency Agreement in effect as of the date of the notice of termination, fail to provide any of the care and services required by State Department of Health regulations and the Residency Agreement, or engage in any action to intimidate or harass You. you. F. Both You you and the Operator operator are free to seek any other judicial relief to which they you or it may be entitled. The Operator operator must assist You you if the Operator operator proposes to transfer or discharge You you to the extent necessary to assure, whenever practicablepossible, Your your placement in a care setting which is adequate, appropriate and consistent with Your your wishes.

Termination and Discharge. A. This In accordance with Title 10 of New York Codes, Rules, and Regulations at Section 1001.8(f)(4)(xiii), this Residency Agreement and residency in the Residence (name of facility) may be terminated in any of the following ways: 1. By mutual mutual, written agreement between You and the Operator; 2. Upon 30 days # days’ written notice from You or Your Representative to the Operator of Your intention to terminate the agreement Agreement and leave the facility. This notice is required regardless of your reason for termination of the agreement; 3. Upon 30 days days’ written notice from the Operator to You, Your Representative, Your next of kin, the person designated in this agreement as the responsible party and and/or any person designated by You. Involuntary termination of a Residency Agreement is permitted only for the reasons listed below, and then if You object to the termination, termination is permissible only if the Operator initiates a proceeding in a court proceeding of competent jurisdiction and the that court rules in favor of the Operator. B. . The grounds upon which involuntary termination may occur are: 1. You require continual medical or nursing care which the Residence Insert Name of Facility is not permitted by law or regulation to provide; 2. If Your behavior poses imminent risk of death or imminent risk of serious physical harm to You or anyone else; 3. You fail to make timely payment for all authorized charges, expenses and other assessments, if any, for services including use and occupancy of the premises, materials, equipment and food which You have agreed to pay under this Agreement. If Your failure to make timely payment resulted from an interruption in Your receipt of any public benefit to which You are entitled, no involuntary termination of this Agreement can take place unless the Operator, during the thirty-thirty (30) day period of notice of termination, assists You in obtaining such public benefits or other available supplemental public benefits. You agree that You will cooperate with such efforts by the Operator to obtain such benefits. 4. You repeatedly behave in a manner that directly impairs the well- well-being, care or safety of Yourself or any other Resident, or which substantially interferes with the orderly operation of the ResidenceInsert Name of Facility; 5. The Operator has had his/her their operating certificate limited, revoked, temporarily suspended or the Operator has voluntarily surrendered the operation of the facility; 6. A receiver has been appointed pursuant to Section 461-f of the New York State Social Services Law and is providing for the orderly transfer of all residents in the Residence Insert Name of Facility to other residences or is making other provisions for the Residents’ continued safety and care. If the Operator decides to terminate the Residency Agreement for any of the reasons stated above, the Operator will give You a notice of termination and discharge, the notice will include the date of the termination which must be at least 30 thirty (30) days after delivery of notice, the reason for termination, a statement of Your right to object object, and a list of free legal advocacy resources approved by the New York State Department of Health. You may object to the Operator about the proposed termination and may be represented by an attorney or advocate. If You challenge the termination, the Operator, in order to terminate, must institute a special proceeding in court. You will not be discharged against Your will unless the court rules in favor of the Operator. While legal action is in progress, the Operator must not seek to amend the Residency Agreement in effect as of the date of the notice of termination, fail to provide any of the care and services required by Department regulations and the Residency Agreement, or engage in any action to intimidate or harass You. Both You and the Operator are free to seek any other judicial relief to which they You/the Operator may be entitled. The Operator must assist You if the Operator proposes to transfer or discharge You to the extent necessary to assure, whenever practicable, assure Your placement in a care setting which is adequate, appropriate appropriate, and consistent with Your wishes.