Termination for convenience by Provider. Provider may terminate the Agreement for convenience at any time prior to the end of the current Term, by providing You with a written notice of termination no less than thirty (30) days prior to the effective date of termination. In such a case, You will be entitled to receive a refund as set forth below, in accordance with Your Service Plan. Set-up fees will not be refunded. Such refund will be Your sole and exclusive remedy and Provider’s entire aggregate liability for Provider’s early termination of the Agreement:
Termination for convenience by Provider. This Agreement may be cancelled at any time by the Provider, giving to the Department not less than ninety (90) days written notice that on or after a date therein specified this Agreement shall be deemed terminated and cancelled. In the event the Provider terminates the Agreement in accordance with this paragraph, Provider shall, together with any notice of termination, provide each child’s Service Coordinator and the corresponding Municipality of residency of the children served with a Plan and Timetable for the orderly transition of services, and a copy of any proposed notification to parents, transporters, employees and Individual Providers utilized by an Agency Provider who deliver services. The plan and timetable for orderly transition of services must be developed in conjunction with affected municipalities and in accordance with municipal procedures. Notification to parents, transporters, employees and Individual Providers utilized by an Agency Provider shall be disseminated by the Provider upon approval by the Municipality and the Department of the proposed Plan and Timetable. The notice of termination and transition plan shall be submitted to the service coordinator(s), affected Municipalities and the Department not less than ninety (90) calendar days prior to the intended termination date of the Agreement. Provider also understands and agrees that the Provider will supply, to the best of the Provider’s ability, any outstanding child/family information necessary for the Department’s Part C Annual Performance Report, prior to terminating this agreement.
Termination for convenience by Provider. Provider may terminate this Agreement in its sole discretion immediately upon written notice to Subscriber. In the event of termination pursuant to this section, Subscriber will be entitled to a pro rata refund of Fees.
Termination for convenience by Provider. 13.8.1 Provider’s Rights to Terminate for Convenience. Subject to its obligations set forth in Section 13.8.2 below and in the event Provider Net Income has been less than one hundred five percent (105%) of Incentive Net Income in the most recently completed Contract Year, the Provider shall have the right to terminate this Agreement for its convenience, without penalty or liability, including any penalty or liability for any future Commission lost revenue or severance costs, by delivering to the Commission a Termination Notice no less than one (1) year prior to the Termination Date specified therein; provided that the Commission may in its discretion accelerate such Termination Date to any date that is no less than thirty (30) days prior to a modified Termination Date as may be specified by the Commission without such termination remaining as a termination pursuant to this Section 13.8 (and, for avoidance of doubt, such accelerated termination shall not be deemed a termination pursuant to Section 13.2). In the event that Provider exercises its right to terminate this Agreement for its convenience by submitting to the Commission a Termination Notice under this Section 13.8 prior to the first day of Contract Year 4, the Commission may delay the Termination Date specified in Provider’s Termination Notice to a date that is up to and no later than the first day of Contract Year 5. If the Commission elects to delay the Termination Date under this Section 13.8.1, such delayed termination shall not be deemed a termination pursuant to Section 13.2.
