Common use of TERMINATION OF AGREEMENT; SURVIVAL OF TERMS Clause in Contracts

TERMINATION OF AGREEMENT; SURVIVAL OF TERMS. A. If employee participation is below 75 percent of the Eligible Employees, the Service and the Employer shall meet to discuss the cause of the decline in the participation rate and appropriate measures to increase the participation rate. At the meetings, the Employer shall provide information with respect to the records necessary for assessing the tip rate and for assessing the procedures used to encourage all of the Employer's Eligible Employees to be Participating Employees. (1) If the Employer undertakes good faith discussions with the Service on these matters and the Employer is not in breach of its obligations under Section V.A, the Service may not terminate the Agreement. (2) If the Employer fails to undertake good faith discussions with the Service on these matters or the Employer is in breach of its obligations under Section V.A, the Service may terminate the Agreement. B. The Service may terminate this Agreement by written notice if participation falls below 50 percent of the Eligible Employees. Termination by the Service shall become effective on the first day of the first payroll period after the 60th day after the date of the written notice. C. This Agreement may be terminated upon the joint agreement of the Employer and the Service, without the consent of any Participating Employee. The effective date of termination shall be as agreed to by the Employer and the Service. D. If either party fails to comply with any material provision of this Agreement, the non- defaulting party, at its option, may terminate this Agreement by giving written notice of termination to the other party. Termination of the Agreement shall be effective upon receipt of the notice by the other party. E. If this Agreement is terminated pursuant to the terms of this agreement, the mutual obligations of the Parties shall remain in effect through the effective date of termination. The agreements set forth in Sections VI and VII shall survive termination with respect to taxable periods (or portion thereof) that occur prior to the effective date of termination.

TERMINATION OF AGREEMENT; SURVIVAL OF TERMS. A. If employee Employee participation is below 75 percent of the Eligible Employees, the Service and the Employer shall meet to discuss the cause of the decline in the participation rate and appropriate measures to increase the participation rate. At the meetings, the Employer Em- ployer shall provide information with respect to the records necessary for assessing the tip rate and for assessing the procedures used em- ployed to encourage all of the Employer's ’s Eligible Employees to be Participating Employees. (1) If the Employer undertakes good faith discussions consultations with the Service on to discuss these matters and the Employer is not in breach of its obligations under Section V.AV.A., the Service may not terminate the Agreement. (2) If the Employer fails to undertake good faith discussions consultations with the Service on to discuss these matters or the Employer is in breach of its obligations under Section V.AV.A., the Service may terminate the Agreement. B. The Service may terminate this Agreement by written notice if participation falls below 50 percent of the Eligible Employees. Termination by the Service shall become be effective on beginning with the first day of the first payroll period calendar quarter that commences after the 60th 60-day after period for notice to the date of the written noticeEmployer. C. This Agreement may be terminated upon the joint agreement of the Employer and the Service, without the consent of any Participating Par- ticipating Employee. The effective date of termination shall be as agreed to by the Employer and the Service. D. If either party fails to comply with any material provision of this Agreement, the non- non-defaulting party, at its option, may terminate ter- minate this Agreement by giving written notice of termination to the other party. Termination of the Agreement shall be effective upon receipt of the notice by the other party. E. If this Agreement is terminated pursuant to the terms of this agreement, the mutual obligations of the Parties parties shall remain in effect through the effective date of termination. The agreements set forth in Sections VI VI. and VII VII. shall survive termination with respect re- spect to taxable periods (or portion thereof) that occur prior to the effective date of termination.