Termination Due to Death, Your Voluntary Termination or McLean’s Termination Sample Clauses

Termination Due to Death, Your Voluntary Termination or McLean’s Termination a. If this Agreement is terminated due to your death, or due to your voluntary termination or McLean’s termination when you are no longer living on the McLean campus in another level of care, McLean shall make a refund to you or your estate. The refund will be based upon a declining balance due, as shown in the Refund Balance Sheet attached hereto as Exhibit C and incorporated by reference. The amount due to you or your estate shall be equal to the indicated balance as shown on the Refund Balance Sheet, without interest and minus any unpaid fees, charges, and repair costs. If McLean must use any of the Entrance Fee for health care charges, McLean will charge the applicable interest rate on the funds expended. The Entrance Fee refund shall be calculated based on the months lived at McLean for the second resident, if any, upon the death of the second resident. (See your Refund Balance Schedule attached as Exhibit C.) You or your estate shall receive the refund either: (i) within thirty (30) days after the date that your former Residence is re-occupied by a new resident who has executed a Residency Agreement and paid the then-applicable Entrance Fee for the Residence; or (ii) three (3) years from the date this Agreement is terminated, whichever occurs first. Additional fees paid for refurbishment and the application processing fee will not be refunded. b. If you remain at McLean for care after leaving the Village, upon your death or termination of any subsequent care agreement (e.g. agreements for Assisted Living or Skilled Nursing Services) due to leaving the care of McLean, McLean shall make a refund to you or your estate if owed pursuant to Refund Balance Sheet, attached hereto as Exhibit C, equal to percent ( %) of your Entrance Fee without interest and minus any unpaid fees and charges (including any unpaid health care charges, plus late fees) and repair costs. Any refundable portion of the Entrance Fee may be applied to pay for care in assisted living or skilled nursing only after all other assets have been depleted and a full financial review has been conducted in cooperation with our Vice President of Finance. If McLean must use any of your Entrance Fee for health care charges, McLean reserves the right to charge the applicable interest rate on the funds expended. You or your estate shall receive the refund either: (i) within thirty
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Related to Termination Due to Death, Your Voluntary Termination or McLean’s Termination

  • Termination In the event that either Party seeks to terminate this DPA, they may do so by mutual written consent so long as the Service Agreement has lapsed or has been terminated. Either party may terminate this DPA and any service agreement or contract if the other party breaches any terms of this DPA.

  • Force Majeure If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, the obligation of the affected party, so far as it is affected by such Force Majeure as described, shall be suspended during the continuance of the inability then claimed but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.

  • Term The term of this Agreement will be ten (10) years from the Effective Date (as such term may be extended pursuant to Section 4.2, the “Term”).

  • Confidentiality (a) Subject to Section 7.15(c), during the Term and for a period of three

  • Insurance The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

  • WHEREAS the Company desires the Warrant Agent to act on behalf of the Company, and the Warrant Agent is willing to so act, in connection with the issuance, registration, transfer, exchange, redemption and exercise of the Warrants; and

  • Limitation of Liability No provision hereof, in the absence of any affirmative action by the Holder to exercise this Warrant to purchase Warrant Shares, and no enumeration herein of the rights or privileges of the Holder, shall give rise to any liability of the Holder for the purchase price of any Common Stock or as a stockholder of the Company, whether such liability is asserted by the Company or by creditors of the Company.

  • Indemnification Notwithstanding any contrary provision contained in this Agreement, any election hereunder or any termination of this Agreement, and whether or not this Agreement is otherwise carried out, the provisions of Section 5 shall not be in any way affected by such election or termination or failure to carry out the terms of this Agreement or any part hereof.

  • Definitions For purposes of this Agreement:

  • IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first above written.

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