Common use of Termination for Shelter Management Agency Default Clause in Contracts

Termination for Shelter Management Agency Default. Without prejudice to any other rights and remedies available to the DUSIB, the DUSIB may serve written notice to the Shelter Management Agency at any time to terminate this Agreement with immediate effect in the following events (“Shelter Management Agency Event of Default”): (a) The Shelter Management Agency does not commence Services for all the Night Shelters by Scheduled Service Provision Date and continues to be in default for 15 (fifteen) days; (b) The Performance Security has been encashed or appropriated and the Shelter Management Agency fails to replenish or provide fresh Performance Security within 30 (thirty) days; (c) The Shelter Management Agency has failed to adhere to the Operations Plan and continues to be in default for 30 (thirty) days; (d) The Shelter Management Agency has failed to meet the Service Level Standards as specified in Schedule IV; (e) The Shelter Management Agency or its representative have carried out and caused execution of any unlawful activity within the Service Area, for which the Shelter Management Agency is responsible; (f) In the event of change of Control of the Shelter Management Agency; (g) In the event the Shelter Management Agency has merged, amalgamated, acquired by any other agency or acquisition such that the net worth of the surviving entity is less than that of Shelter Management Agency prior to such merger or amalgamation; (h) In the event of a reasonable apprehension of bankruptcy of the Shelter Management Agency: i. Shelter Management Agency shall in the event of an apprehension of bankruptcy immediately inform the DUSIB well in advance (at least 3 months) about such a development; and ii. Conversely if the DUSIB apprehends a similar event regarding the Shelter Management Agency, DUSIB can exercise the right of termination in the manner stated hereinabove.

Termination for Shelter Management Agency Default. Without prejudice to any other rights and remedies available to the DUSIB, the DUSIB may serve written notice to the Shelter Management Agency at any time to terminate this Agreement with immediate effect in the following events (“Shelter Management Agency Event of Default”): (a) The Shelter Management Agency does not commence Services for all the Night Shelters by Scheduled Service Provision Date and continues to be in default for 15 within 7 (fifteenseven) daysdays from Effective Date; (b) The Performance Security has been encashed or appropriated and the Shelter Management Agency fails to replenish or provide fresh Performance Security within 30 (thirty) days; (c) The Shelter Management Agency has failed to adhere to the Operations Plan and continues to be in default for 30 3 (thirtythree) days; (dc) The Shelter Management Agency has failed to meet the Service Level Standards as specified in Schedule IVIII; (ed) The Shelter Management Agency or its representative have carried out and caused execution of any unlawful activity within the Service Area, for which the Shelter Management Agency is responsible; (fe) In the event of change of Control of the Shelter Management Agency; (gf) In the event the Shelter Management Agency has merged, amalgamated, acquired by any other agency or acquisition such that the net worth of the surviving entity is less than that of Shelter Management Agency prior to such merger or amalgamation; (hg) In the event of a reasonable apprehension of bankruptcy of the Shelter Management Agency: i. Shelter Management Agency shall in the event of an apprehension of bankruptcy immediately inform the DUSIB well in advance (at least 3 months) about such a development; and ii. Conversely if the DUSIB apprehends a similar event regarding the Shelter Management Agency, DUSIB can exercise the right of termination in the manner stated hereinabove.

Termination for Shelter Management Agency Default. Without prejudice to any other rights and remedies available to the DUSIB, the DUSIB may serve written notice to the Shelter Management Agency at any time to terminate this Agreement with immediate effect in the following events (“Shelter Management Agency Event of Default”): (a) The Shelter Management Agency does not commence Services for all the Night Shelters by Scheduled Service Provision Date and continues to be in default for within 15 (fifteen) daysdays from Effective Date; (b) The Performance Security has been encashed or appropriated and the Shelter Management Agency fails to replenish or provide fresh Performance Security within 30 (thirty) days; (c) The Shelter Management Agency has failed to adhere to the Operations Plan and continues to be in default for 30 (thirty) days; (d) The Shelter Management Agency has failed to meet the Service Level Standards as specified in Schedule IVIII; (e) The Shelter Management Agency or its representative have carried out and caused execution of any unlawful activity within the Service Area, for which the Shelter Management Agency is responsible; (f) In the event of change of Control of the Shelter Management Agency; (g) In the event the Shelter Management Agency has merged, amalgamated, acquired by any other agency or acquisition such that the net worth of the surviving entity is less than that of Shelter Management Agency prior to such merger or amalgamation; (h) In the event of a reasonable apprehension of bankruptcy of the Shelter Management Agency: i. Shelter Management Agency shall in the event of an apprehension of bankruptcy immediately inform the DUSIB well in advance (at least 3 months) about such a development; and ii. Conversely if the DUSIB apprehends a similar event regarding the Shelter Management Agency, DUSIB can exercise the right of termination in the manner stated hereinabove.