Common use of Termination for Economic Justification Clause in Contracts

Termination for Economic Justification. If, following the initial twenty four (24) months after the First Procedure Date and following each subsequent 12 month period thereafter during the Term, based upon the utilization of the Equipment and other factors considered relevant by GKF in the exercise of its discretion, within a reasonable period of time after GKF's written request, Hospital does not provide GKF with a reasonable economic justification to continue this Agreement and the provision of Gamma Knife services at the Hospital, then and in that event, GKF shall have the option to terminate this Agreement by giving a written notice thereof to Hospital not less than ninety (90) days prior to the effective date of the termination designated in GKF's written notice.

Appears in 2 contracts

Samples: Equipment Lease Agreement (American Shared Hospital Services), Equipment Lease Agreement (American Shared Hospital Services)

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Termination for Economic Justification. 18.1 If, following the initial twenty four eighteen (2418) months after the First Procedure Date and following each subsequent 12 month period thereafter during the Term, based upon the utilization of the Equipment and other factors considered relevant by GKF in the exercise of its discretion, within a reasonable period of time after GKF's written request, Hospital does not provide GKF with a reasonable economic justification to continue this Agreement and the provision of Gamma Knife services at the Hospital, then and in that event, GKF shall have the option to terminate this Agreement by giving a written notice thereof to Hospital not less than ninety (90) days prior to the effective date of the termination designated in GKF's written notice.a

Appears in 1 contract

Samples: Equipment Lease Agreement (American Shared Hospital Services)

Termination for Economic Justification. If, following the initial twenty four thirty six (2436) months after the First Procedure Date and following each subsequent 12 month period thereafter during the Term, based upon the utilization of the Equipment and other factors considered relevant by GKF in the exercise of its reasonable discretion, within a reasonable period of time after GKF's written request, Hospital does not provide GKF with a reasonable economic justification to continue this Agreement and the provision utilization of Gamma Knife services the Equipment at the Hospital, then and in that event, GKF shall have the option to terminate this Agreement by giving a written notice thereof to Hospital not less than ninety (90) days prior to the effective date of the termination designated in GKF's written notice; provided, however, so long as the Hospital is averaging seventy (70) Procedures per twelve-month period, not taking into account the initial twenty four months after the First Procedure Date, GKF shall not have the option of terminating this Agreement pursuant to this Section 18.

Appears in 1 contract

Samples: Equipment Lease Agreement (American Shared Hospital Services)

Termination for Economic Justification. If, following the initial -------------------------------------- twenty four (24) months after the First Procedure Date and following each subsequent 12 month period thereafter during the Term, based upon the utilization of the Equipment and other factors considered relevant by GKF in the exercise of its discretion, within a reasonable period of time after GKF's written request, Hospital does not provide GKF with a reasonable economic justification to continue this Agreement and the provision of Gamma Knife services at the Hospital, then and in that event, GKF shall have the option to terminate this Agreement by giving a written notice thereof to Hospital not less than ninety (90) days prior to the effective date of the termination designated in GKF's written notice.

Appears in 1 contract

Samples: Equipment Lease Agreement (American Shared Hospital Services)

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Termination for Economic Justification. If, following the initial twenty four (24) months after the First Procedure Date and following each subsequent 12 month period thereafter during the Term, based upon the utilization of the Equipment and other factors considered relevant by GKF in the exercise of its discretionEquipment, within a reasonable period of time after GKF's ’s written request, Hospital does not provide GKF with a reasonable economic justification to continue this Agreement and the provision of Gamma Knife services at the Hospital, then and in that event, GKF shall have the option to terminate this Agreement by giving a written notice thereof to Hospital not less than ninety (90) days prior to the effective date of the termination designated in GKF's ’s written notice. Such termination shall take place without penalty to Hospital.

Appears in 1 contract

Samples: Equipment Lease Agreement (American Shared Hospital Services)

Termination for Economic Justification. If, following the initial twenty four thirty six (2436) months after the First Procedure Date and following each subsequent 12 month period thereafter during the Term, based upon the utilization of the Equipment and other factors considered relevant by GKF in the exercise of its reasonable discretion, within a reasonable period of time after GKF's ’s written request, Hospital does not provide GKF with a reasonable economic justification to continue this Agreement and the provision utilization of Gamma Knife services the Equipment at the Hospital, then and in that event, GKF shall have the option to terminate this Agreement by giving a written notice thereof to Hospital not less than ninety (90) days prior to the effective date of the termination designated in GKF's ’s written notice; provided, however, so long as the Hospital is averaging seventy (70) Procedures per twelve-month period, not taking into account the initial twenty four months after the First Procedure Date, GKF shall not have the option of terminating this Agreement pursuant to this Section 18.

Appears in 1 contract

Samples: Equipment Lease Agreement (American Shared Hospital Services)

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