Common use of Termination or Non Renewal Clause in Contracts

Termination or Non Renewal. 21.1 Breach by Association and Park Board’s Right to Terminate (a) the termination notice must specify the breach in reasonable detail; (b) the Association will have a cure period of 60 days to remedy the breach, except in the case of emergency, in which case a shorter cure period may be specified. In the event of emergency, the Park Board may take reasonable action to cure the breach on behalf of the Association at the expiry of the notice period, or sooner as may be specified in the notice of breach; (c) the Association must make reasonable and diligent efforts to resolve the breach in a manner satisfactory to the Park Board in a timely manner; (d) If the Association does not satisfactorily remedy the breach in the cure period, the notice to terminate will be deemed effective and the Agreement will automatically terminate at the end of the 90 day notice period; provided that, if more than 60 days is required to remedy the breach (using reasonable resources and acting diligently), then the Association will not be considered to be in breach after 60 days (except in the case of emergency) if, immediately after receiving the notice of breach, the Association commenced the remedy of the breach, immediately notifies the Park Board of the steps it will take to remedy the breach, and has proceeded to diligently and continuously remedy the breach so that the breach is cured as soon as reasonably possible; and (e) If the Association fails to continuously and diligently work towards resolving the breach, the Park Board may terminate this Agreement with no further notice required. If the Association disagrees that the action or event specified in the notice constitutes a material breach of the Agreement, the Association may invoke the dispute resolution mechanism. If the alleged breach is of a serious nature, in the reasonable opinion of the Park Board, the Park Board may elect to expedite the dispute resolution mechanism and refer the dispute directly to the Park Board General Manger or arbitration, if applicable. For the purposes of this Agreement, “material breach” of the Association shall include failure of the Association to comply with Public Policy, breach of Applicable Laws, fraudulent conduct, misappropriation of funds, financial wrongdoing or criminal activity on the part of the Association, an unresolved default under section 4.2, breach of section 14.1(c), sustained failure of the Association to provide financial information required under this Agreement, discrimination or human rights violations on the part of the Association, or any conduct by the Association which is directed against the public interest. In the event of termination of this Agreement, all outstanding payments between the parties will become immediately due and payable and subject to withholding, and the parties will work cooperatively to transition operations to the Park Board or its designate to ensure minimal disruption to the public.

Termination or Non Renewal. 21.1 Breach by Association and Park Board’s Right to Terminate (a) the termination notice must specify the breach in reasonable detail; (b) the Association will have a cure period of 60 days to remedy the breach, except in the case of emergency, in which case a shorter cure period may be specified. In the event of emergency, the Park Board may take reasonable action to cure the breach on behalf of the Association at the expiry of the notice period, or sooner as may be specified in the notice of breach; (c) the Association must make reasonable and diligent efforts to resolve the breach in a manner satisfactory to the Park Board in a timely manner; (d) If the Association does not satisfactorily remedy the breach in the cure period, the notice to terminate will be deemed effective and the Agreement will automatically terminate at the end of the 90 day notice period; provided that, if more than 60 days is required to remedy the breach (using reasonable resources and acting diligently), then the Association will not be considered to be in breach after 60 days (except in the case of emergency) if, immediately after receiving the notice of breach, the Association commenced the remedy of the breach, immediately notifies the Park Board of the steps it will take to remedy the breach, and has proceeded to diligently and continuously remedy the breach so that the breach is cured as soon as reasonably possible; and (e) If the Association fails to continuously and diligently work towards resolving the breach, the Park Board may terminate this Agreement with no further notice required. If the Association disagrees that the action or event specified in the notice constitutes a material breach of the Agreement, the Association may invoke the dispute resolution mechanism. If the alleged breach is of a serious nature, in the reasonable opinion of the Park Board, the Park Board may elect to expedite the dispute resolution mechanism and refer the dispute directly to the Park Board General Manger or arbitration, if applicable. For the purposes of this Agreement, “material breach” of the Association shall include failure of the Association to comply with Public Policy, breach of Applicable Laws, fraudulent conduct, misappropriation of funds, financial wrongdoing or criminal activity on the part of the Association, an use of funds for purposes not permitted under this Agreementan unresolved default under section 4.2, breach of section 14.1(c), sustained failure of the Association to provide financial information required under this Agreement, discrimination or human rights violations on the part of the Association, or any conduct by the Association which is directed against the public interest. In the event of termination of this Agreement, all outstanding payments between the parties will become immediately due and payable and subject to withholding, and the parties will work cooperatively to transition operations to the Park Board or its designate to ensure minimal disruption to the public.

Termination or Non Renewal. 21.1 Breach by Association and Park Board’s Right to Terminate (a) the termination notice must specify the breach in reasonable detail; (b) the Association will have a cure period of 60 days to remedy the breach, except in the case of emergency, in which case a shorter cure period may be specified. In the event of emergency, the Park Board may take reasonable action to cure the breach on behalf of the Association at the expiry of the notice period, or sooner as may be specified in the notice of breach; (c) the Association must make reasonable and diligent efforts to resolve the breach in a manner satisfactory to the Park Board in a timely manner; (d) If the Association does not satisfactorily remedy the breach in the cure period, the notice to terminate will be deemed effective and the Agreement will automatically terminate at the end of the 90 day notice period; provided that, if more than 60 days is required to remedy the breach (using reasonable resources and acting diligently), then the Association will not be considered to be in breach after 60 days (except in the case of emergency) if, immediately after receiving the notice of breach, the Association commenced the remedy of the breach, immediately notifies the Park Board of the steps it will take to remedy the breach, and has proceeded to diligently and continuously remedy the breach so that the breach is cured as soon as reasonably possible; and (e) If the Association fails to continuously and diligently work towards resolving the breach, the Park Board may terminate this Agreement with no further notice required. If the Association disagrees that the action or event specified in the notice constitutes a material breach of the Agreement, the Association may invoke the dispute resolution mechanism. If the alleged breach is of a serious nature, in the reasonable opinion of the Park Board, the Park Board may elect to expedite the dispute resolution mechanism and refer the dispute directly to the Park Board General Manger or arbitration, if applicable. For the purposes of this Agreement, “material breach” of the Association shall include failure of the Association to comply with Public Policy, breach of Applicable Laws, fraudulent conduct, misappropriation of funds, financial wrongdoing or criminal activity on the part of the Association, an unresolved default use of funds for purposes not permitted under section 4.2, breach of section 14.1(c)this Agreement, sustained failure of the Association to provide financial information required under this Agreement, discrimination or human rights violations on the part of the Association, Association or any conduct by the Association which is directed against the public interest. In the event of termination of this Agreement, all outstanding payments between the parties will become immediately due and payable and subject to withholding, and the parties will work cooperatively to transition operations to the Park Board or its designate to ensure minimal disruption to the public.