TERMINATION OF PLACEMENT. Notwithstanding the Offering Period set forth in Section 6 of this Agreement, the Placement may be terminated immediately by the Placement Agent upon giving written notice to the Company, but only in the event that:
(a) in the opinion of the Placement Agent, the Offering Documents contain an untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary in order to make the statements appearing therein not misleading in the light of the circumstances in which they were made, and the Company shall not have corrected such untrue statement or omission to the reasonable satisfaction of the Placement Agent and its counsel within ten (10) days after the Company receives notice of such untrue statement or omission, provided that notwithstanding such ten (10) day period, the Closing (as defined in Section 6 below) shall not occur hereunder until the Placement Agent shall notify the Company that it is satisfied, in its reasonable determination, that the Company has taken such steps (including circulating amended offering materials and afforded prospective Investors a reasonable opportunity to review such amendments) to allow the Closing to occur; or
(b) the Company shall be in material breach of any representation, warranty or covenant made by it in this Agreement, any Offering Document or any other document relating to the Placement; or
(c) (i) any calamitous domestic or international event or act or occurrence has taken place and, in the Placement Agent’s opinion, has or will materially disrupt general securities markets in the United States in the immediate future; or (ii) if trading on the New York Stock Exchange, the American Stock Exchange, or in the over-the-counter market shall have been suspended or minimum or maximum prices for trading shall have been fixed, or maximum ranges for prices for securities shall have been required on the over-the-counter market by the National Association of Securities Dealers, Inc. (“NASD”) or by order of the SEC or any other government authority having jurisdiction; or (iii) if the United States shall have become involved in a war, major hostilities, acts of terrorism or the like; or (iv) if a banking moratorium has been declared by a New York State or federal authority; or (v) if the Company shall have sustained a material loss, whether or not insured, by reason of fire, flood, accident or other calamity; or (vii) if there shall have been such material adverse change in the ...
TERMINATION OF PLACEMENT. The Agency must give the Department a minimum of a 15 days’ prior written notice of its intention to request the removal of a child in the Agency’s care. Should termination of placement be necessary for any reason for a child specifically placed with the Agency by court order, the Department will seek termination or modification of the placement order in the appropriate family court. At the point that the Agency can no longer provide for a child at the appropriate type and level of placement needed by the child within its own facilities, the Agency must notify the Department. The Department will thereafter conduct a diligent search of potential placement resources appropriate for the child within New York State, refer the child to any appropriate identified resource and provide updates to the Agency. At the point the search has been exhausted, a conference will be held by the Department case manager with the Agency. Following such conference, a notice of termination of placement with the Agency may be given by the Agency to the Department pursuant to the agreements reached at the conference.
TERMINATION OF PLACEMENT. Severing the Admission Agreement for an 3 individual Youth/NMD and concluding payment to CONTRACTOR for care of the 4 Youth/NMD. Planned termination of placement means CONTRACTOR, Youth/NMD, 5 and Youth’s/NMD’s Social Worker/Probation Officer have agreed that the 6 Youth/NMD has met goals of the program, and have planned the Youth’s/NMD’s 7 transition home or to another caregiver. Unplanned termination means that the 8 Youth/NMD is ordered removed from the placement by the Juvenile Court, or the 9 Youth/NMD is removed from the placement due to safety concerns, or that 10 CONTRACTOR has requested the Youth’s/NMD’s removal because the program cannot 11 meet the Youth/NMD’s needs. CONTRACTOR shall provide written notice to COUNTY 12 within seven (7) calendar days prior to termination of placement. A TDM, 13 which CONTRACTOR shall attend, shall be conducted prior to any termination, 14 planned or unplanned.
TERMINATION OF PLACEMENT. If one of the three parties (Company, School or Student) wishes to prematurely terminate the Placement this party should immediately inform the other parties and confirm this request in writing. The reasons given shall be examined carefully in close consultation with all parties and the final decision made at the end of the consultation.
TERMINATION OF PLACEMENT. The Placement may be terminated by the mutual consent of the Canadian Placement Agent and SmallCaps at any time by them giving written notice to the Company if (a) in the opinion of the Canadian Placement Agent, the Canadian Memorandum contains an untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary in order to make the statements appearing therein not misleading in the light of the circumstances in which they were made, and the Company shall not have corrected such untrue statement or omission to the reasonable satisfaction of the Canadian Placement Agent and SmallCaps and their counsel within ten business days after the Company receives notice of such untrue statement or omission, provided that notwithstanding such ten business day period, no such closing shall occur hereunder until the Canadian Placement Agent and SmallCaps shall have notified the Company that they are satisfied, in their reasonable determination, that the Company has taken such steps (including circulating amended offering materials) to allow any such closing to occur, or (b) the Company shall be in material breach of any representation, warranty or covenant made by it in this Agreement.
TERMINATION OF PLACEMENT. The Placement may be terminated by the mutual consent of the U.S. Placement Agent and the Canadian Placement Agent at any time by them giving written notice to the Company if (a) in the opinion of the U.S. Placement Agent, the U.S. Memorandum contains an untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary in order to make the statements appearing therein not misleading in the light of the circumstances in which they were made, and the Company shall not have corrected such untrue statement or omission to the reasonable satisfaction of the U.S. Placement Agent and the Canadian Placement Agent and their counsel within ten business days after the Company receives notice of such untrue statement or omission, provided that notwithstanding such ten business day period, no such closing shall occur hereunder until the U.S. Placement Agent and the Canadian Placement Agent shall have notified the Company that they are satisfied, in their reasonable determination, that the Company has taken such steps (including circulating amended offering materials) to allow any such closing to occur, or (b) the Company shall be in material breach of any representation, warranty or covenant made by it in this Agreement.
TERMINATION OF PLACEMENT. The Service Provider shall not terminate any placement of any Young Person until a Stability Meeting has been held and there is an agreement between the Local Authority and the Service Provider regarding the decision to terminate. Without prejudice to any other right of the Council to terminate an Individual Placement Agreement (including any right set out in the Supplier Agreement) if the Council considers that a Young Person’s needs are best met by a move from the placement, the Council shall be entitled to terminate the Individual Placement Agreement by giving the following written notice to the Service Provider. • If the Young Person has been in the Placement for a period of up to 1 month, 48 hours written notice shall be required. • If the Young Person has been in the Placement for a period of up to 3 months, 7 calendar days written notice shall be required. • If the Young Person has been in the Placement for a period of up to 6 months or more, 14 days written notice shall be required. • If the Young Person is remanded into the Criminal Justice System, 48 hours notice shall be given irrespective of length of placement todate • If the safety and well-being of the Young People, The Service Provider’s Workers or Others is being threatened, the Individual Placement Agreement may be terminated giving 7 days notice (unless the Young Person has been in placement for less that 1 month, then the first bullet point above will apply) or immediately in an emergency subject to mutual agreement between the Council and the Service Provider. In the event that the Council exercises any right to terminate an Individual Placement Agreement pursuant to this paragraph 5 the provisions of clause 31.4 of the Supplier Agreement shall apply. In the event that an Individual Placement Agreement is terminated pursuant to this paragraph 5 the provisions of clause 31.5 of the Supplier Agreement shall apply. If a Young Person is moved because of a decision taken by some other statutory agency/body with overriding authority e.g. arrests or sectioning, the Service Provider shall inform the Council at the earliest opportunity and the Individual Placement Agreement shall terminate with effect from the date the services are no longer required. If either the Council terminated an Individual Placement Agreement or the Young Person leaves without proper notice in accordance with above then the Charges shall continue to be payable to the date upon which such proper notice would have expired...
TERMINATION OF PLACEMENT. Severing the admission agreement for an 21 individual Xxxxxx Youth/NMD and concluding payment to CONTRACTOR for care of 22 the Xxxxxx Youth/NMD. Planned termination of placement means CONTRACTOR, 23 Xxxxxx Youth/NMD, and Xxxxxx Youth's/NMD's Social Worker/Probation Officer 24 have agreed that the Xxxxxx Youth/NMD has met the goals of the program, and 25 have planned the Xxxxxx Youth's/NMD's transition home or to another caregiver. 26 Unplanned termination means that the Xxxxxx Youth/NMD is ordered removed from 27 the placement by the Juvenile Court, that the Xxxxxx Youth/NMD was removed 28 from the placement due to safety concerns, or that CONTRACTOR has requested 1 the Xxxxxx Youth's/NMD's removal because the program cannot meet the Xxxxxx 2 Youth's/NMD's needs.
TERMINATION OF PLACEMENT where a xxxxxx carer chooses to terminate a placement, he/she must provide the Local Authority with 28 days notice, in the first instance and three months notice for permanent fostering by contacting his/her social worker in the fostering team.
TERMINATION OF PLACEMENT. 21.1 The Authority shall have the right once an order has been placed with the service provider to terminate the placement of any particular agency worker forthwith for whatever reason. The service provider must give 48 hours notice to terminate the placement of any agency worker. The Authority will endeavour to provide reasonable notice of termination of the placement of agency workers wherever reasonably practicable. However, the Authority reserves the right to terminate the placement of agency workers forthwith in the event of short term placements and unpredictable termination dates. Where either party has terminated the placement of any particular agency worker under this clause then the service provider will be entitled to payment for all the hours, which have been properly worked by the agency worker up to the date of termination. Under no circumstances shall the Authority be liable for any further payment to the service provider in connection with or as a consequence of the termination of any placement under this clause other than that which is mentioned in sub-clause 20.3 above. Where either party has terminated the placement of any particular agency worker under this clause it shall in no way affect the placement of any other agency worker under the order or any other order placed with the service provider under this contract.
