Termination by Us. We may terminate this Contract with 30 days’ written notice as follows:
1. For Non-payment of Premiums. Premiums are to be paid by the Subscriber to Us on each Premium due date. While each Premium is due by the due date, there is a grace period for each Premium payment. If the Premium payment is not received by the end of the grace period, coverage will terminate as follows: • If the Subscriber fails to pay the required Premium within a 30-day grace period, this Contract will terminate retroactively back to the last day Premiums were paid. The Subscriber will be responsible for paying any claims submitted during the grace period if this Contract terminates.
2. Fraud or Intentional Misrepresentation of Material Fact. If the Subscriber has performed an act that constitutes fraud or made an intentional misrepresentation of material fact in writing on his or her enrollment application, or in order to obtain coverage for a service, this Contract will terminate immediately upon a written notice to the Subscriber from Us. If termination is a result of the Subscriber’s action, coverage will terminate for the Subscriber and any Dependents. If termination is a result of the Dependent’s action, coverage will terminate for the Dependent.
3. If the Subscriber no longer lives, or resides in Our Service Area.
Termination by Us. We may terminate this Policy with 30 days written notice as follows:
1. For Non-payment of Premiums. Premiums are to be paid by the Subscriber to Us on each Premium due date. While each Premium is due by the due date, there is a grace period for each Premium payment. If the Premium payment is not received by the end of the grace period, coverage will terminate as follows: • If the Subscriber does not receive advanced payments of the Premium Tax Credit for coverage in the NYSOH and fails to pay the required Premium within a 30-day grace period, this Policy will terminate retroactively back to the last day Premiums were paid. The Subscriber will be responsible for paying any claims submitted during the grace period if this Policy terminates. • If the Subscriber receives advanced payments of the Premium Tax Credit and has paid at least one (1) full month’s Premium, this Policy will terminate one (1) month after the last day Premiums were paid. That is, retroactive termination will not exceed 61 days. We may pend claims incurred during the 61-day grace period. The Subscriber will be responsible for paying any claims incurred during the 61-day grace period if this Policy coverage terminates.
2. Fraud or Misrepresentation of Material Fact. If the Subscriber has performed an act that constitutes fraud or made a misrepresentation of material fact in writing on his or her enrollment application, or in order to obtain coverage for a service, this Policy will terminate immediately upon a written notice to the Subscriber from the NYSOH. However, if the Subscriber makes a misrepresentation of material fact in writing on his or her enrollment application We will rescind coverage if the facts misrepresented would have led Us to refuse to issue this Policy and the application is attached to this Policy. Rescission means that the termination of Your coverage will have a retroactive effect of up to the issuance of this Policy. If termination is a result of the Subscriber’s action, coverage will terminate for the Subscriber and any Dependents. If termination is a result of the Dependent’s action, coverage will terminate for the Dependent.
3. If the Subscriber no longer lives, or resides in Our Service Area.
Termination by Us. 6.1 Without prejudice to any other rights or remedies we have, we may by notice to you immediately terminate the Agreement and the Debt Consolidation Facility (or any other facility) if any of the following events of default (collectively, the “Events of Default”) occurs:-
(a) you threaten to breach or have breached any term of the Agreement or any other agreement, undertaking or arrangement between us;
(b) you have been convicted of a crime or we believe that you are involved in any offence involving fraud, criminal breach of trust, dishonesty or corruption;
(c) you become insolvent, bankrupt or become subject to any civil or legal proceedings including bankruptcy or enforcement proceedings;
(d) you do not comply with any applicable law;
(e) you fail to pay any amount due to us on time;
(f) any information, representation, warranty, statement and document given to us is or becomes untrue, inaccurate, incomplete or misleading;
(g) you pass away or become mentally incapacitated;
(h) in our sole opinion:-
(i) you are not or are no longer eligible for the Debt Consolidation Facility;
(ii) a banking relationship with you is no longer appropriate or possible;
(iii) any changes or adverse circumstances may materially and/or adversely affect your ability to perform or discharge your obligations under the Agreement; and/or
(iv) for whatever reason, it is no longer possible for us to provide the Debt Consolidation Facility; and
(i) termination becomes necessary due to our obligations in connection with prevention of fraud, money laundering, terrorist or criminal activity, bribery, corruption or tax evasion, or the enforcement of economic or trade sanction.
6.2 Upon termination, the outstanding on the Debt Consolidation Facility shall immediately become due and payable and you must pay the outstanding on the Debt Consolidation Facility in full immediately, without any demand or notice. We are entitled to take any steps including commencing legal proceedings against you as we deem fit to recover the outstanding on the Debt Consolidation Facility.
Termination by Us. The Agreement shall start on the Start Date and shall continue until the End Date unless it is ended earlier in accordance with this Condition 9.
9.1 We shall have the right (without prejudice to any other rights and remedies) to terminate this Agreement in the manner set out in 9.2 below, in the event of any breach by you of this Agreement.
9.2 Having regard to the nature and seriousness of the breach and the risk it poses for the financial or other security of us and/or of the other owners of vessels in the Marina, if the breach is capable of remedy, we may serve notice on you specifying the breach and requiring you to remedy the breach within a reasonable time specified by us. Where the breach is serious or poses an immediate risk or threat to the health, safety or welfare of any other person or property, the time specified for remedy may be immediate or extremely short. If you fail to affect the remedy within the specified time, or if the breach is not capable of remedy, we may serve notice on you requiring you to remove the Vessel from the Harbour or Premises immediately.
9.3 We shall also have the right (without prejudice to any other rights and remedies) to terminate this Agreement with immediate effect, in the event of you being subject to a bankruptcy order or petition (if you are an individual) or in the event of you taking any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors, being wound up, having a receiver appointed to any of your assets or ceasing to carrying on business (if you are a company).
9.4 If you fail to remove the Vessel on termination of this Agreement whether under this Condition 9 or otherwise, we shall be entitled:
9.4.1 to charge you at our daily rate (as per the Price List) for overnight visitors for each day between termination of the Agreement and the actual date of removal of the Vessel from the Harbour and Premises; and/or
9.4.2 at your risk (save in respect of loss or damage caused by our negligence or other breach of duty during such removal) to remove the Vessel from the Harbour and Premises and thereupon secure it elsewhere and charge you for all costs reasonably arising out of such removal including alternative berthing fees.
9.5 We shall not be liable for delay or failure to perform this Agreement if we are unable to provide the usual berthing facilities and/or Marina Services because our business is frustrated or is no longe...
Termination by Us. This Group Agreement will terminate as of the last day of the Grace Period if the Premium remains unpaid at the end of the Grace Period. This Group Agreement may also be terminated by Us as follows: • Immediately upon notice to Contract Holder if Contract Holder has performed any act or practice that constitutes fraud or made any intentional misrepresentation of a material fact relevant to the coverage provided under this Group Agreement; • Immediately upon notice to Contract Holder if Contract Holder no longer has any enrollee under the Plan who resides or works in the Service Area; • Upon 30 days written notice to Contract Holder if Contract Holder (i) breaches a provision of this Group Agreement and such breach remains uncured at the end of the notice period; (ii) ceases to meet Our requirements for an employer group or association; (iii) fails to meet Our contribution or participation requirements applicable to this Group Agreement (which contribution and participation requirements are available upon request); (iv) fails to provide the certification required by Section 5.4 within a reasonable period of time specified by Us; or (v) changes its eligibility or participation requirements without Our consent; • Upon 90 days written notice to Contract Holder (or such shorter notice as may be permitted by applicable law, but in no event less than 30 days) if We cease to offer the product to which the Group Agreement relates; • Upon 180 days written notice to Contract Holder (or such shorter notice as may be permitted by applicable law, but in no event less than 30 days) if We cease to offer coverage in a market in which Members covered under this Group Agreement reside; • Upon 30 days written notice to Contract Holder for any other reason which is acceptable to the Department of Insurance and consistent with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) or by applicable federal rules and regulations, as amended.
Termination by Us. We may terminate your membership immediately by emailing or writing to you at the contact addresses we have on our records:
a. If you commit a serious or repeated breach of these Terms or the Club Rules.
b. If you otherwise breach these Terms or the Club Rules and the breach, if capable of remedy, is not remedied within 14 days of us giving you notice to do so and informing you that your membership will be terminated if you fail to do so.
c. If any part of your Membership Dues remains unpaid 28 days after falling due.
d. If you provide us with details which you know to be false when applying for membership and these false details may have affected our reasonable decision to grant you membership. If we terminate your membership for any of these reasons we may (without limiting any other right or remedy) recover any other reasonable costs and expenses we incur as a result of your breach and to collect the full amount of Membership Dues for the remainder of the then current fortnightly billing period, any arrears and any applicable Early Termination Fee.
e. If we close your Home Club, we will provide you with the option to transfer to another Club at the prevailing Membership Dues applicable at that Club at the time of your transfer. We will not charge you a Transfer Fee. If you do not wish to accept the transfer to another Club, your membership will end on the date that your Home Club is closed.
Termination by Us. We may terminate the Agreement at any time by giving you written notice. We may also terminate or suspend operation of the Agreement at any time without prior notice, and/or take other steps we consider necessary acting in a reasonable manner, including establishing a Reserve, or take any action that is required by a Card Brand if:
(i) you do not observe or act according to the terms and conditions of the Agreement;
(ii) you make a representation in the Agreement (including the CAF) that is inaccurate in any way;
(iii) bankruptcy or insolvency proceedings are commenced by or against you;
(iv) the continued provision of services to you would pose a level of risk and/or exposure to us (including credit, operational, reputational, financial, technological, security and/or fraud risk or exposure) that we consider in our sole discretion to be unacceptable;
(v) the Card Brand Rules and Regulations require that we and/or the Member terminate the Agreement and/or suspend processing for you;
(vi) if applicable, you do not create and maintain the specified minimum balance of the Reserve and you fail to correct that default within 3 days after we send you notice to do so;
(vii) you do not provide us with financial statements as required by the Agreement or you do not provide us with the required security or collateral within the timeframes requested by us;
(viii) you fail to notify us of a Change in Your Business as required by Section 7;
(ix) you have not used the Services for a period of 6 months or more; or
(x) you revoke or provide notice that you intend to revoke your authorization for Pre-Authorized Debits. If more than one Merchant is processing Transactions under the Agreement, a notice of termination or suspension delivered to any Merchant may, as determined by us, be deemed to be delivered to each Merchant and we may exercise any and all rights associated with such notice against any and all Merchants.
Termination by Us. We may terminate your employment hereunder at any time (A), subject to Section 6(b), for Cause or (B) for any reason other than Cause. “Cause” means (i) your continued failure to substantially perform your obligations and duties, as determined in good faith by the Board, and which is not remedied within 30 days after your receipt of written notice thereof; (ii) commission of an act of fraud, embezzlement, misappropriation, willful misconduct or breach of fiduciary duty against the Company or other conduct materially harmful or potentially materially harmful to the Company’s best interest, as determined in good faith by the Board; (iii) material breach of Section 7 or 8 which is not cured within 30 days after your receipt of notice thereof, if such breach is capable of being cured; (iv) conviction, plea of no contest or nolo contendere, deferred adjudication or unadjudicated probation for any felony or any crime involving moral turpitude; (v) failure to carry out, or comply with, in any material respect, any lawful directive of the Board consistent with the terms of this Agreement, which is not remedied within 30 days after receipt of written notice thereof; or (vi) unlawful use (including being under the influence) or possession of illegal drugs.
Termination by Us. We may immediately terminate this Agreement effective upon written notice to you, without opportunity to cure, if: you (or any of your owners) have made any material misrepresentation or omission in connection with your purchase of these Development Rights or any of the Taverns; you fail to establish and open Taverns in accordance with the Development Schedule; you fail to maintain in continuous operation the minimum cumulative number of Taverns required by the Development Schedule to be in operation during the applicable time period; you fail to pay when due any amount owed to us or our affiliates, whether under this Agreement or not, and do not correct such failure within 10 days after written notice of such failure is delivered to you; you fail to pay when due any amount owned to any creditor, supplier or lessor of any Tavern developed hereunder or any taxing authority for any federal, state or local taxes (other than amounts being bona fide disputed through appropriate proceedings) and you do not correct such failure within 10 days after written notice of such failure is delivered to you; you surrender or transfer control of this Agreement, the Development Rights or one or more of your Taverns without our prior written consent; you (or any of your owners) are or have been convicted by a trial court of, or plead or have pleaded no contest or guilty to, a felony or other serious crime or offense that is likely to adversely affect the reputation of the System and the goodwill associated with the Marks; you (or any of your owners) engage in any dishonest or unethical conduct which may adversely affect your reputation, our reputation, or the reputation of the System and the goodwill associated with the Marks; you (or any of your owners) make an unauthorized assignment of this Agreement, your Development Rights, and ownership interest in you (if you are a Business Entity), or an interest in one or more of your Tavern(s); in the event of your death or disability (or the death or disability of the owner of a controlling interest in you), this Agreement (or such owner’s interest in you) is not assigned as required under this Agreement; you (or any of your owners) make any unauthorized use of the Marks or any unauthorized use or disclosure of any Confidential Information; you (or any of your owners) make an assignment for the benefit of creditors or admit in writing your insolvency or inability to pay your debts generally as they become due; or you (or any of yo...
Termination by Us. 13.2.1 We may terminate this Agreement at any time by giving not less than twenty eight (28) days prior written notice to you stating the reason for termination upon the occurrence of any of the following events, as determined by us in our absolute discretion (acting on the advice of a medical practitioner, nurse or other clinical authority where relevant and where we have consulted with you and your Responsible Party before seeking to exercise our termination rights under this clause 13.2):
(a) You require skilled nursing care or care over and above that which can be safely provided in the Residence or in our reasonable opinion, or in the opinion of your general practitioner or other clinical authority, or other relevant regulated third party, we are no longer able to provide the level of care required to meet your needs;
(b) You present an imminent physical threat or danger to yourself or others, are habitually disruptive, create unsafe conditions, or are physically or verbally abusive to other residents or in our reasonable opinion your behaviour or any circumstances relating to your stay may be detrimental to the welfare of the other residents or our employees in the Residence, provided that, where possible, we will first give you a warning and consult with you and your Responsible Party to manage periods of challenging behaviour before seeking to terminate this Agreement;
(c) You, your Responsible Party or any applicable Funding Authority fails to pay fees and charges when due and such amounts remain unpaid following the service of a final warning;
(d) You commit a serious breach of any of your representations, covenants, agreements, or obligations under this Agreement;
(e) Any material misrepresentation or omission is made by you or on your behalf whether written or verbal;
(f) The Residence is closed; or
(g) The Responsible Party dies, loses capacity or becomes subject to an order under mental health legislation, or otherwise seeks to deny or repudiate their obligations under this Agreement. However, in the event that we determine that you or any of our employees or other residents in the Residence are in immediate danger as a result of you remaining in the Residence, we reserve the right to waive the twenty eight (28) days’ notice and take immediate steps to secure appropriate care for you elsewhere.
13.2.2 In the event that we give notice under this clause 13.2, we will use reasonable endeavours to assist you to find alternative accommodation. If ...
