Common use of Termination by Principal Clause in Contracts

Termination by Principal. If: (a) the Principal: (i) is of the reasonable opinion that the Operator is not (or is no longer) a fit and proper person for the purposes of providing the Services under this Agreement; and (ii) has given the Operator not less than 20 Business Days' notice of its intention to terminate this agreement under this clause 20.5(a), which notice must set out the basis upon which the Principal has formed the opinion referred to in clause 20.5(a)(i) and invite the Operator to make a submission as to why this Agreement should not be terminated. In determining whether the Operator is not (or is no longer) a fit and proper person, the Principal may have regard to any public or private reports of misconduct, fraud, alleged criminal conduct or poor governance of or by the Operator or its Associates (whether or not in relation to the Scheme) and any conduct of the Operator or its Associates which may bring the Principal or the Scheme into disrepute or impact on, or be inconsistent with, the achievement of the Scheme Objectives. (b) in exercise of rights under the Act, the Regulations or the conditions of appointment of the Principal as Coordinator under the Act, the State directs that this Agreement be terminated; (c) the Operator commits a Default (in respect of which the Principal has provided a Default Notice) and the Operator has not remedied the Default to the Principal's satisfaction (acting reasonably) within 5 Business Days or such longer period as is specified in the Default Notice; (d) the Operator commits a Default that is not capable of being remedied (and the Operator is unable to overcome or otherwise mitigate the effect of the Default to the Principal's satisfaction); (e) a Default Termination Event occurs; (f) the parties have entered into another Refund Point Agreement (in addition to this Agreement) and the Principal has exercised its right to terminate that other Refund Point Agreement; (g) the Operator commits a criminal or fraudulent act or engages in Wilful Misconduct; (h) there is a change to a Statutory Requirement or an Approval that makes or will make either party’s performance of this Agreement non-compliant or contrary to law or policy; (i) the Operator is the subject of an investigation or decision by a Regulatory Authority that is or may be adverse to the Operator's capacity to perform the Services or harmful to the reputation of the Principal; or (j) a Force Majeure Event prevents the Operator from performing the Services for a continuous period exceeding three months, (each, an Event of Default) the Principal may, in its absolute discretion, terminate this Agreement (or any part of it) immediately by notice to the Operator.

Termination by Principal. If: (a) the State has advised the Principal that, in its reasonable opinion, the Operator is not (or is no longer) a fit and proper person for the purposes of providing the Activities under this Deed; (b) the Principal: (i) is of the reasonable opinion that the Operator is not (or is no longer) a fit and proper person for the purposes of providing the Services Activities under this AgreementDeed; and (ii) has given the Operator not less than 20 Business Days' notice of its intention to terminate this agreement Deed under this clause 20.5(a18.6(b), which notice must set out the basis upon which the Principal has formed the opinion referred to in clause 20.5(a)(i18.6(b)(i) and invite the Operator to make a submission as to why this Agreement Deed should not be terminated. In determining whether the Operator is not (or is no longer) a fit and proper person, the Principal may will have regard to any public or private reports of misconduct, fraud, alleged criminal conduct or poor governance of or by the Operator or its Associates (whether or not in relation to the Scheme) and any conduct of the Operator or its Associates which may bring the Principal or the Scheme into disrepute or impact on, or be inconsistent with, the achievement of the Scheme Objectives.; (bc) in exercise of rights under the Act, the Regulations or the conditions of appointment of the Principal as Coordinator under the Act, the State directs that this Agreement Deed be terminated; (cd) the Operator no longer operates a Bottle Crushing Service Business in Western Australia; (e) the Operator commits a Default (in respect of which the Principal has provided a Default NoticeNotice and directed the Operator to prepare and implement a Default Cure Plan) and and: (i) the Operator was required to re-submit the Default Cure Plan under clause 18.2(c) but failed to do so within 5 Business Days; (ii) the Principal has, acting reasonably, rejected the Default Cure Plan more than once under clause 18.2(c); (iii) the Operator has not taken any steps to implement the Default Cure Plan approved by the Principal within five Business Days of the Principal approving the Default Cure Plan under clause 18.2(b); (iv) the Operator has not remedied the Default to at the Principal's satisfaction (acting reasonably) within 5 Business Days or such longer end of the cure period as is specified set out in the Default NoticeCure Plan approved by the Principal; or (v) the Principal forms the reasonable opinion that the Operator is unlikely to remedy the Default by the end of the cure period set out in the Default Cure Plan approved by the Principal (provided that such opinion may not be formed earlier than 10 Business Days after the Default Cure Plan is approved by the Principal under clause 18.2(b); (df) the Operator commits a Default that is not capable of being remedied (and the Operator is unable to overcome or otherwise mitigate the effect of the Default to the Principal's reasonable satisfaction); (e) a Default Termination Event occurs; (f) the parties have entered into another Refund Point Agreement (in addition to this Agreement) and the Principal has exercised its right to terminate that other Refund Point Agreement; (g) the Operator commits a criminal or fraudulent act or engages in Wilful Misconduct; (h) there is a change to a Statutory Requirement or an Approval that makes or will make either party’s performance of this Agreement Deed non-compliant or contrary to law or policy;; or (i) the Operator is the subject of an investigation or decision by a Regulatory Authority that is or may be adverse to the Operator's capacity to perform the Services Activities or harmful to the reputation of the Principal; or (j) a Force Majeure Event prevents the Operator from performing the Services for a continuous period exceeding three months, (each, an Event of Default) the Principal may, in its absolute discretion, terminate this Agreement Deed (or any part of it) immediately by notice to the Operator.

Termination by Principal. If: (a) the Principal: (i) is of the reasonable opinion that the Operator is not (or is no longer) a fit and proper person for the purposes of providing the Services under this Agreement; and (ii) has given the Operator not less than 20 Business Days' notice of its intention to terminate this agreement under this clause 20.5(a), which notice must set out the basis upon which the Principal has formed the opinion referred to in clause 20.5(a)(i) and invite the Operator to make a submission as to why this Agreement should not be terminated. In determining whether the Operator is not (or is no longer) a fit and proper person, the Principal may have regard to any public or private reports of misconduct, fraud, alleged criminal conduct or poor governance of or by the Operator or its Associates (whether or not in relation to the Scheme) and any conduct of the Operator or its Associates which may bring the Principal or the Scheme into disrepute or impact on, or be inconsistent with, the achievement of the Scheme Objectives. (b) in exercise of rights under the Act, the Regulations or the conditions of appointment of the Principal as Coordinator under the Act, the State directs that this Agreement be terminated; (c) the Operator commits a Default (in respect of which the Principal has provided a Default Notice) and the Operator has not remedied the Default to the Principal's satisfaction (acting reasonably) within 5 Business Days or such longer period as is specified in the Default Notice; (d) the Operator commits a Default that is not capable of being remedied (and the Operator is unable to overcome or otherwise mitigate the effect of the Default to the Principal's satisfaction); (e) a Default Termination Event occurs; (f) the parties have entered into another Refund Point Agreement (in addition to this Agreement) and the Principal has exercised its right to terminate that other Refund Point Agreement; (g) the Operator commits a criminal or fraudulent act or engages in Wilful Misconduct; (hg) there is a change to a Statutory Requirement or an Approval that makes or will make either party’s performance of this Agreement non-compliant or contrary to law or policy; (ih) the Operator is the subject of an investigation or decision by a Regulatory Authority that is or may be adverse to the Operator's capacity to perform the Services or harmful to the reputation of the Principal; or (ji) a Force Majeure Event prevents the Operator from performing the Services for a continuous period exceeding three months, (each, an Event of Default) the Principal may, in its absolute discretion, terminate this Agreement (or any part of it) immediately by notice to the Operator.

Termination by Principal. If: (a) the Principal: (i) is of State has advised the Principal that, in its reasonable opinion that opinion, the Operator MRFO is not (or is no longer) a fit and proper person for the purposes of providing the Services Activities under this AgreementDeed; (b) the Principal: (i) is of the reasonable opinion that the MRFO is not (or is no longer) a fit and proper person for the purposes of providing the Activities under this Deed; and (ii) has given the Operator MRFO not less than 20 Business Days' notice of its intention to terminate this agreement Deed under this clause 20.5(a18.6(b), which notice must set out the basis upon which the Principal has formed the opinion referred to in clause 20.5(a)(i18.6(b)(i) and invite the Operator MRFO to make a submission as to why this Agreement Deed should not be terminated. In determining whether the Operator MRFO is not (or is no longer) a fit and proper person, the Principal may will have regard to any public or private reports of misconduct, fraud, alleged criminal conduct or poor governance of or by the Operator MRFO or its Associates (whether or not in relation to the Scheme) and any conduct of the Operator MRFO or its Associates which may bring the Principal or the Scheme into disrepute or impact on, or be inconsistent with, the achievement of the Scheme Objectives.; (bc) in exercise of rights under the Act, the Regulations or the conditions of appointment of the Principal as Coordinator under the Act, the State directs that this Agreement Deed be terminated; (cd) the Operator MRFO is no longer a Material Recovery Facility Operator; (e) the MRFO commits a Default (in respect of which the Principal has provided a Default NoticeNotice and directed the MRFO to prepare and implement a Default Cure Plan) and and: (i) the Operator MRFO was required to re-submit the Default Cure Plan under clause 18.2(c) but failed to do so within 5 Business Days; (ii) the Principal has, acting reasonably, rejected the Default Cure Plan more than once under clause 18.2(c); (iii) the MRFO has not taken any steps to implement the Default Cure Plan approved by the Principal within five Business Days of the Principal approving the Default Cure Plan under clause 18.2(b); (iv) the MRFO has not remedied the Default to at the Principal's satisfaction (acting reasonably) within 5 Business Days or such longer end of the cure period as is specified set out in the Default NoticeCure Plan approved by the Principal; or (v) the Principal forms the reasonable opinion that the MRFO is unlikely to remedy the Default by the end of the cure period set out in the Default Cure Plan approved by the Principal (provided that such opinion may not be formed earlier than 10 Business Days after the Default Cure Plan is approved by the Principal under clause 18.2(b); (df) the Operator MRFO commits a Default that is not capable of being remedied (and the Operator MRFO is unable to overcome or otherwise mitigate the effect of the Default to the Principal's reasonable satisfaction); (e) a Default Termination Event occurs; (f) the parties have entered into another Refund Point Agreement (in addition to this Agreement) and the Principal has exercised its right to terminate that other Refund Point Agreement; (g) the Operator MRFO commits a criminal or fraudulent act or engages in Wilful Misconduct; (h) there is a change to a Statutory Requirement or an Approval that makes or will make either party’s performance of this Agreement Deed non-compliant or contrary to law or policy;; or (i) the Operator MRFO is the subject of an investigation or decision by a Regulatory Authority that is or may be adverse to the OperatorMRFO's capacity to perform the Services Activities or harmful to the reputation of the Principal; or (j) a Force Majeure Event prevents the Operator from performing the Services for a continuous period exceeding three months, (each, an Event of Default) the Principal may, in its absolute discretion, terminate this Agreement Deed (or any part of it) immediately by notice to the OperatorMRFO.