Common use of Termination for Failure to Meet Obligations as a Signatory Clause in Contracts

Termination for Failure to Meet Obligations as a Signatory. B.4.4.1. If in the view of a two-thirds majority of other signatories, a signatory is failing to meet its reasonable obligations (other than financial obligations) under an Accord, the other signatories may give notice to that effect to the signatory concerned. Such notice must state the specific nature of the concerns. B.4.4.2. Any signatory which receives notice from the other signatories that in their view shall have one year from the date of the notice in which to demonstrate that it has taken appropriate action and has recommenced the fulfilment of its obligations. B.4.4.3. If, after a year, two-thirds of other signatories agree that significant improvement has been made, but not sufficient to remove doubt that the signatory in question is fulfilling its obligations, the period for demonstrating improvement shall be extended by either six months or one year as the signatories may decide. B.4.4.4. If, in the view of at least two-thirds of other signatories, a signatory which has been given notice under the provisions above has not taken adequate corrective actions within the specified period the signatory is deemed to have been removed from being a signatory. The date of removal shall be the end of the calendar year in which the decision to terminate was made. B.4.4.5. The process for termination through failure to meet financial obligations is set out in the IEA Governance Structure and Procedures. If the process has been followed then the defaulting signatory shall be removed from being a signatory of all relevant Accords. B.4.4.6. Reinstatement following removal for failure to meet financial obligations shall be according to the processes set out in the IEA Governance Structure and Procedures. B.4.4.7. Provided the terminated signatory provides to the satisfaction of the Committee and all other signatories, a comprehensive list of programmes accredited or recognised during the time as a signatory, graduates of those programmes who graduated during the years that the signatory was active in the Accord will continue to receive the same benefits of recognition as graduates of other signatories.

Termination for Failure to Meet Obligations as a Signatory. B.4.4.11. If in the view of a two-thirds majority of other signatories, a signatory is failing to meet its reasonable obligations (other than financial obligations) under an Accord, the other signatories may give notice to that effect to the signatory concerned. Such notice must state the specific nature of the concerns. B.4.4.22. Any signatory which receives notice from the other signatories that in their view shall have one year from the date of the notice in which to demonstrate that it has taken appropriate action and has recommenced the fulfilment of its obligations. B.4.4.33. If, after a year, two-thirds of other signatories agree that significant improvement has been made, but not sufficient to remove doubt that the signatory in question is fulfilling its obligations, the period for demonstrating improvement shall be extended by either six months or one year as the signatories may decide. B.4.4.44. If, in the view of at least two-thirds of other signatories, a signatory which has been given notice under the provisions 1, 2 and 3 above has not taken adequate sufficient corrective actions within the specified period the signatory is deemed to have been removed from being a signatory. The date of removal shall be the end of the calendar year in which the decision to terminate was made. B.4.4.55. The process Where termination is for termination through failure to meet financial obligations is set out in the IEA Governance Structure and Procedures. If the process has been followed then obligations, the defaulting signatory Agreement Participant shall be removed from being a signatory Member or Provisional Member of all relevant Accords. B.4.4.6. Reinstatement following removal for failure to meet financial obligations shall be according Agreements unless the Governing Group, in consultation with the Deputy Chairs, accept that there are exceptional circumstances giving rise to the processes set out in non-payment of annual subscription. In such circumstances the IEA Governance Structure and ProceduresGoverning Group may give the Agreement Participant a reasonable time, normally three months, within which to make payment. If payment is not received within this period, the membership of all Agreements for the defaulting Agreement Participant will lapse. B.4.4.7. Provided the terminated signatory provides to the satisfaction of the Committee and all other signatories, a comprehensive list of programmes accredited or recognised during the time as a signatory, graduates of those programmes who graduated during the years that the signatory was active in the Accord will continue to receive the same benefits of recognition as graduates of other signatories.