Common use of Termination and Reconsideration Clause in Contracts

Termination and Reconsideration. i. The termination of this Agreement and the reconsideration of any such termination shall be governed by the termination and reconsideration standards adopted by the FFEs or SBE-FPs under 45 CFR 155.220. Notwithstanding the foregoing, ABE shall be considered in “Habitual Default” of this Agreement in the event that it has been served with a non-compliance notice under 45 CFR 155.220(g) more than three (3) times in any calendar year, whereupon CMS may, in its sole discretion, immediately thereafter terminate this Agreement upon notice to ABE without any further opportunity to resolve the breach and/or non- compliance.

Termination and Reconsideration. i. The termination of this Agreement and the reconsideration of any such termination shall be governed by the termination and reconsideration standards adopted by the FFEs or SBE-FPs under 45 CFR 155.220. Notwithstanding the foregoing, ABE shall be considered in “Habitual Default” of this Agreement in the event that it has been served with a non-compliance notice under 45 CFR 155.220(g) more than three (3) times in any calendar year, whereupon CMS may, in its sole discretion, immediately thereafter terminate this Agreement upon notice to ABE without any further opportunity to resolve the breach and/or non- non-compliance.