Termination by the Community. The Community may terminate this Residency Agreement at any time if there has been a material misrepresentation or omission made by You in Your Confidential Financial Statement or Physician's Examination Report; if You fail to make payment to The Community of any fees or charges due within sixty (60) days of the date when due; or if You do not abide by the rules and regulations adopted by The Community or breach any of the terms and conditions of this Residency Agreement. The Community’s written notice of termination for just cause shall be signed by the medical director or administrator of the facility and shall state that The Community made the decision in good faith, the reasons supporting The Community’s determination of just cause, and the basis for the conclusion that there is no less restrictive alternative to termination. In the event of termination due to any of such causes, the refund of the Entrance Fee paid by You shall be determined in the same manner described in Paragraph III.B. Should this Agreement be terminated by The Community prior to Your Date of Occupancy, You will receive a refund consistent with Paragraph VII.A.
Termination by the Community. The Community reserves the right to terminate this Agreement at any time after the Occupancy Date for good cause, including but not limited to: a breach by Resident of Resident’s obligations under this Agreement; failure by Resident to abide by the rules adopted by the Community; any material misrepresentation or omission by Resident in connection with Resident’s application for residency at Brookhaven; failure to disclose to Community any material change in Resident’s physical or mental condition or in Resident’s financial condition after the date of Resident’s application for residency at Brookhaven and prior to the Occupancy Date; or in the Community’s judgment, Resident’s continued residence at Brookhaven is disruptive or threatening to the health, safety or well-being of Resident or others. If there is good cause for termination, the Community may terminate this Agreement by written notice of termination to Resident specifying an effective date of termination not less than thirty (30) days nor more than one hundred-twenty (120) days after the date notice is given. On or before the effective date of termination, Resident shall move from Brookhaven and vacate the Living Unit or the Assisted Care Unit and return keys to the Community. If Resident fails to vacate the Living Unit or Assisted Care Unit by the effective date of termination, Resident shall remain obligated to pay the Monthly Service Fee to the Community after the effective date and until Resident has vacated the Living Unit or Assisted Care Unit and returned the keys to the unit to the Community. Resident or Resident’s estate will also be responsible for the removal and storage of Resident’s personal belongings in accordance with Article IX, Section C, below. If this Agreement is terminated by the Community under this Article VIII, Section B, 1, Resident shall be entitled to receive a refund of a portion of the Entrance Fee in accordance with Article VIII, Section B, 4, below.
Termination by the Community. The Community may terminate this Residency Agreement upon (per state requirement) days written notice delivered to you and, if applicable, your Representative and Responsible Party, at the address(es) provided.
