Common use of Termination by the Plan Clause in Contracts

Termination by the Plan. (i) The failure of the Contributing Employer (or where applicable its Payroll Service) to fully and timely comply with any provision, condition, covenant, promise, term, obligation representation, warranty, payment, delinquency (including liquidated damages, interest, audit and collection fees) required by or contained in this Participation Agreement (or any under any prior Participation Agreement) whether expressly recited or incorporated by reference; or to fully comply with any provision of the Trust Agreement or other Plan rule applicable to the Contributing Employer; or to or fully comply with any applicable provision of the Plan’s Audit, Delinquency and Collection Procedures (as all of the foregoing may be amended from time to time): shall be deemed a material breach of this Participation Agreement. In the event of such breach, the Plan, by its Trustees, shall have the right (in addition to all legal and equitable rights and remedies all of which the Trustees expressly reserve) to terminate this Participation Agreement and all coverage under the Plan of Benefits effective on thirty (30) days prior written notice to the Contributing Employer, unless in the sole judgment of the Trustees the Contributing Employer has completely cured such breach. (ii) Where the Trustees, as fiduciaries, deem it in the best interests of the Plan and its participants, in their sole judgment, or as otherwise required or permitted under the Trust Agreement, applicable law or in the event the Plan or its Plan of Benefits is terminated, upon sixty

Termination by the Plan. (i) The failure of the Contributing Employer (or where applicable its Payroll Service) to fully and timely comply with any provision, condition, covenant, promise, term, obligation representation, warranty, payment, delinquency (including liquidated damages, interest, audit and collection fees) required by or contained in this Participation Agreement (or any under any prior Participation Agreement) whether expressly recited or incorporated by reference; or to fully comply with any provision of the Trust Agreement or other Plan rule applicable to the Contributing Employer; or to or fully comply with any applicable provision of the Plan’s Audit, Delinquency and Collection Procedures (as all of the foregoing may be amended from time to time): shall be deemed a material breach of this Participation Agreement. In the event of such breach, the Plan, by its Trustees, shall have the right (in addition to all legal and equitable rights and remedies all of which the Trustees expressly reserve) to terminate this Participation Agreement and all coverage under the Plan of Benefits effective on thirty (30) days prior written notice to the Contributing Employer, unless in the sole judgment of the Trustees the Contributing Employer has completely cured such breach. (ii) Where A contributing Employer’s participation in the Plan and its Participation Agreement may be terminated at any time where the Trustees, as fiduciaries, deem it in the best interests of the Plan and its participants, in their sole judgment, or as otherwise where required or permitted under the Trust Agreement, Agreement or applicable law or in the event the Plan or its Plan of Benefits is terminatedterminated and, upon sixtysuch prior written notice to the Contributing Employer as the Trustees in their sole judgment deem reasonable and appropriate and notwithstanding anything to the contrary contained in this Participation Agreement. (iii) Failure or refusal of the Contributing Employer to execute and return any Proposed Amendment where the time to reject such Proposed Amendment has passed without notice of rejection having been given to the Plan in accordance with paragraph 6(b).

Termination by the Plan. (i) The failure of the Contributing Employer (or where applicable its Payroll Service) to fully and timely comply with any provision, condition, covenant, promise, term, obligation representation, warranty, payment, delinquency (including liquidated damages, interest, audit and collection fees) required by or contained in this Participation Agreement (or any under any prior Participation Agreement) whether expressly recited or incorporated by reference; or to fully comply with any provision of the Trust Agreement or other Plan rule applicable to the Contributing Employer; or to or fully comply with any applicable provision of the Plan’s Audit, Delinquency and Collection Procedures (as all of the foregoing may be amended from time to time): shall be deemed a material breach of this Participation Agreement. In the event of such breach, the Plan, by its Trustees, shall have the right (in addition to all legal and equitable rights and remedies all of which the Trustees expressly reserve) to terminate this Participation Agreement and all coverage under the Plan of Benefits effective on thirty (30) days prior written notice to the Contributing Employer, unless in the sole judgment of the Trustees the Contributing Employer has completely cured such breach. (ii) Where the Trustees, as fiduciaries, deem it in the best interests of the Plan and its participants, in their sole judgment, or as otherwise required or permitted under the Trust Agreement, applicable law or in the event the Plan or its Plan of Benefits is terminated, upon sixtysixty (60) days prior written notice to the Contributing Employer. (iii) Failure or refusal of the Contributing Employer to execute and return any Proposed Amendment where the time to reject such Proposed Amendment has passed without notice of rejection having been given to the Plan in accordance with paragraph 6(b).