Common use of Termination or Transfer Clause in Contracts

Termination or Transfer. 3.1 The College acting through the Head of College shall be entitled to terminate this contract at any time: a. if any information provided in support of the application for residence or in any other information provided to the College is found to be false or incomplete in any material particular; b. if the Resident fails at any time to meet the requirements for admission to the University/Polytechnic (including failing to attain University Entrance in the January of the year of proposed residence) or ceases to be a full-time University of Otago/Otago Polytechnic student; c. where the College decides it is justified on disciplinary grounds; d. where the College decides it is reasonably necessary to ensure health and safety of the Resident, any other resident, and/or other persons; e. for the failure to make timely payment of fees; f. where the College is satisfied on reasonable grounds that the Resident’s state of mental or physical health (including their compliance with relevant government requirements) or the adverse impact of their continued residence in the College makes termination appropriate having regard to the interests of the Resident or of the College community. 3.2 In the circumstance described in 3.1(c), (d) or (f) or in any other circumstances where the College considers it appropriate to do so the College may vary this agreement by transferring the Resident to another affiliated or University of Otago-owned College and all references in this agreement including fees shall be read as references to that College. 3.3 In the circumstance described in 3.1(c), (d) or (f) the College may suspend the Resident's right to reside in the College for such time the circumstances make reasonably necessary. 3.4 Should part or all of the College become uninhabitable due to events beyond its control such as storm, fire, flood, earthquake, pandemic, Government action, law or regulation or any similar event, or because of the risk of such events, or for the purpose of undertaking works intended to protect against events beyond its control, the College may terminate this agreement with or without notice.