Termination Rights. 17.1 In addition to any other termination rights it has, the Department may terminate this Contract at any time by issuing a Notice to the Training Provider. Such a termination will take effect 20 Business Days after the Notice takes effect under Clause 14.2, or at any later time specified in the Notice. 17.2 If the Department terminates this Contract under Clause 17.1, it will determine and pay: a) amounts that, in its reasonable opinion, are due and payable under Clause 8 as at the date of termination; and b) reasonable costs (but not including loss of profit or income) that, in its reasonable opinion, have been necessarily and directly incurred by the Training Provider as a result of the termination, provided that the Training Provider has, to the reasonable satisfaction of the Department: i) used its best efforts to minimise any costs arising as a result of the termination; and ii) provided adequate documentary evidence to substantiate those costs. 17.3 This Contract may be terminated at any time by written agreement between the Parties. 17.4 The Department may terminate this Contract immediately by issuing a Notice to the Training Provider if: a) the Training Provider commits a Material Breach; b) the Training Provider commits a breach of this Contract (whether or not it is a Material Breach) which cannot be remedied; c) the Training Provider commits a breach of this Contract (whether or not it is a Material Breach) and it: i) fails to commence action to remedy the breach within 10 Business Days after the Department has served a Notice requiring it to do so; or ii) having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the Department's Notice; d) without limiting paragraphs (a) to (c), the Training Provider fails to provide some or all of the Training Services for which Funds have been claimed and/or paid or any such Training Services are not provided to a standard satisfactory to the Department; e) there has been any fraud, or the Department reasonably suspects any fraud, relating to the Training Provider or the Funds, or there has been any misappropriation of Funds by the Training Provider or any other misleading or deceptive conduct on the part of the Training Provider in connection with this Contract or the claiming, receipt or use of the Funds; f) the Training Provider’s registration as a registered training organisation under the Act or the National Act is suspended, withdrawn, cancelled or otherwise ceases; g) an Other VET Funding Arrangement Termination Event occurs;
Appears in 20 contracts
Sources: Vet Funding Contract, Vet Funding Contract, Vet Funding Contract
Termination Rights. 17.1 In addition to any other termination rights it hashas to terminate this VET Funding Contract, the Department may terminate this VET Funding Contract at any time by issuing a Notice to the Training Provider. Such a termination will take effect Provider 20 Business Days after prior to the Notice takes effect under Clause 14.2, or at any later time specified in termination date. In the Notice.
17.2 If event that the Department terminates this VET Funding Contract under in accordance with this Clause 17.118.1, it the Department will determine and pay:
a) : amounts that, in its the reasonable opinionopinion of the Department, are due and payable under Clause 8 of this VET Funding Contract as at the date of termination; and
b) and reasonable costs (but not including loss of profit or income) that, in its the reasonable opinionopinion of the Department, have been necessarily and directly incurred by the Training Provider as a result of the termination, provided that the Training Provider has, to the reasonable satisfaction of the Department:
i) : used its best efforts to minimise any costs arising as a result of the termination; and
ii) and provided adequate documentary evidence to substantiate those costs.
17.3 . The Training Provider acknowledges and agrees that any amount paid by the Department will be finally determined by the Department. This VET Funding Contract may be terminated at any time by written agreement between the Parties.
17.4 . The Department may terminate this VET Funding Contract immediately by issuing a Notice to the Training Provider if:
a) : the Training Provider commits a Material Breach;
b) Breach of this VET Funding Contract; the Training Provider commits a breach of this VET Funding Contract (whether or not it the breach is a Material Breach) which cannot be remedied;
c) ; the Training Provider commits a breach of this VET Funding Contract (whether or not it the breach is a Material Breach) and it:
i) the Training Provider: fails to commence action to remedy the breach within 10 Business Days after the Department has served a Notice requiring it to do so; or
ii) or having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the Department's Notice;
d) ; without limiting paragraphs Clauses 18.3(a), (a) to b or (c), the Training Provider fails to provide some or all of the Training Services for which Funds have been claimed and/or paid or any such if the Training Services are not provided to a standard satisfactory to the Department;
e) ; there has been any fraud, fraud or the Department reasonably suspects any fraud, suspected fraud relating to the Training Provider or the Funds, or there has been any misappropriation of Funds by the Training Provider or there has otherwise been any other misleading or deceptive conduct on the part of the Training Provider in connection with this VET Funding Contract or the claiming, receipt or use of the Funds;
f) ; an Insolvency Event occurs in relation to the Training Provider’s registration as ; the Training Provider undergoes a registered training organisation Change in Control that has not been approved by the Department under Clause 7.6; the Act Training Provider undergoes an event referred to in Clause 7.10; the Training Provider has made, or the National Act Department reasonably suspects that the Training Provider has made any false or misleading representation to the Department in connection with this VET Funding Contract (whether by act or omission, and whether before or after the Commencement Date) or has otherwise breached any warranty in Clause 14.1; the registration of the Training Provider under applicable legislation is suspended, withdrawn, cancelled or otherwise ceases; the Department terminates any other contract with the Training Provider regarding government subsidised training pursuant to any provision of that contract other than on a ground equivalent to a ground set out in one of Clauses 18.1, 18.3(f), 18.3(g), 18.3(h) and 18.3(j); the Department terminates any contract with a Related Training Provider regarding government subsidised training pursuant to any provision of that contract other than on a ground equivalent to a ground set out in one of Clauses 18.1, 18.3(f), 18.3(g), 18.3(h) and 18.3(j);
g) an Other VET Funding Arrangement Termination Event occurs;
Appears in 11 contracts
Sources: Vet Funding Contract, Vet Funding Contract, Vet Funding Contract
Termination Rights. 17.1 In addition to any other termination rights it has, the Department may terminate this Contract at any time by issuing a Notice to the Training Provider. Such a termination will take effect 20 Business Days after the Notice takes effect under Clause 14.2, or at any later time specified in the Notice.
17.2 If the Department terminates this Contract under Clause 17.1, it will determine and pay:
a) amounts that, in its reasonable opinion, are due and payable under Clause 8 as at the date of termination; and
b) reasonable costs (but not including loss of profit or income) that, in its reasonable opinion, have been necessarily and directly incurred by the Training Provider as a result of the termination, provided that the Training Provider has, to the reasonable satisfaction of the Department:
i) used its best efforts to minimise any costs arising as a result of the termination; and
ii) provided adequate documentary evidence to substantiate those costs.
17.3 This Contract may be terminated at any time by written agreement between the Parties.
17.4 The Department may terminate this Contract immediately by issuing a Notice to the Training Provider if:
a) the Training Provider commits a Material Breach;
b) the Training Provider commits a breach of this Contract (whether or not it is a Material Breach) which cannot be remedied;
c) the Training Provider commits a breach of this Contract (whether or not it is a Material Breach) and it:
i) fails to commence action to remedy the breach within 10 Business Days after the Department has served a Notice requiring it to do so; or
ii) having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the Department's Notice;
d) without limiting paragraphs (a) to (c), the Training Provider fails to provide some or all of the Training Services for which Funds have been claimed and/or paid or any such Training Services are not provided to a standard satisfactory to the Department;
e) there has been any fraud, or the Department reasonably suspects any fraud, relating to the Training Provider or the Funds, or there has been any misappropriation of Funds by the Training Provider or any other misleading or deceptive conduct on the part of the Training Provider in connection with this Contract or the claiming, receipt or use of the Funds;
f) an Insolvency Event occurs (provided that termination on this ground is subject to any applicable statutory stay on the exercise of rights, including sections 415D, 434J and 451E of the Corporations Act, as the case may be);
g) the Training Provider undergoes a Change in Control that has not been approved by the Department under Clause 7.4;
h) the Training Provider undergoes an event referred to in Clause 7.8;
i) the Training Provider has made, or the Department reasonably suspects that the Training Provider has made, any false or misleading representation to the Department in connection with this Contract (whether by act or omission, and whether before or after the Commencement Date);
j) the Training Provider’s registration as a registered training organisation under the Act or the National Act is suspended, withdrawn, cancelled or otherwise ceases;
gk) an Other VET Funding Arrangement Termination Event occursthe Department terminates any other contract with the Training Provider regarding government-subsidised training under any provision of that contract other than on a ground equivalent to a ground set out in one of Clauses 17.1, 17.4(f), 17.4(g), 17.4(h) and 17.4(j);
l) the Department terminates any contract with a Related Training Provider regarding government-subsidised training under any provision of that contract other than on a ground equivalent to a ground set out in one of Clauses 17.1, 17.4(f), 17.4(g), 17.4(h) and 17.4(j);
Appears in 9 contracts
Sources: Vet Funding Contract, Vet Funding Contract, Vet Funding Contract
Termination Rights. 17.1 18.1 In addition to any other termination rights it hashas to terminate this VET Funding Contract, the Department may terminate this VET Funding Contract at any time by issuing a Notice to the Training Provider. Such a termination will take effect Provider 20 Business Days after prior to the Notice takes effect under Clause 14.2, or at any later time specified in termination date. In the Notice.
17.2 If event that the Department terminates this VET Funding Contract under in accordance with this Clause 17.118.1, it the Department will determine and pay:
a) amounts that, in its the reasonable opinionopinion of the Department, are due and payable under Clause 8 of this VET Funding Contract as at the date of termination; and
b) reasonable costs (but not including loss of profit or income) that, in its the reasonable opinionopinion of the Department, have been necessarily and directly incurred by the Training Provider as a result of the termination, provided that the Training Provider has, to the reasonable satisfaction of the Department:
i) used its best efforts to minimise any costs arising as a result of the termination; and
ii) provided adequate documentary evidence to substantiate those costs. The Training Provider acknowledges and agrees that any amount paid by the Department will be finally determined by the Department.
17.3 18.2 This VET Funding Contract may be terminated at any time by written agreement between the Parties.
17.4 18.3 The Department may terminate this VET Funding Contract immediately by issuing a Notice to the Training Provider if:
a) the Training Provider commits a Material BreachBreach of this VET Funding Contract;
b) the Training Provider commits a breach of this VET Funding Contract (whether or not it the breach is a Material Breach) which cannot be remedied;
c) the Training Provider commits a breach of this VET Funding Contract (whether or not it the breach is a Material Breach) and itthe Training Provider:
i) fails to commence action to remedy the breach within 10 Business Days after the Department has served a Notice requiring it to do so; or
ii) having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the Department's Notice;
d) without limiting paragraphs Clauses 18.3(a), (ab) to or (c), the Training Provider fails to provide some or all of the Training Services for which Funds have been claimed and/or paid or any such if the Training Services are not provided to a standard satisfactory to the Department;
e) there has been any fraud, fraud or the Department reasonably suspects any fraud, suspected fraud relating to the Training Provider or the Funds, or there has been any misappropriation of Funds by the Training Provider or there has otherwise been any other misleading or deceptive conduct on the part of the Training Provider in connection with this VET Funding Contract or the claiming, receipt or use of the Funds;
f) an Insolvency Event occurs in relation to the Training Provider’s registration as ;
g) the Training Provider undergoes a registered training organisation Change in Control that has not been approved by the Department under Clause 7.6;
h) the Act Training Provider undergoes an event referred to in Clause 7.10;
i) the Training Provider has made, or the National Act Department reasonably suspects that the Training Provider has made any false or misleading representation to the Department in connection with this VET Funding Contract (whether by act or omission, and whether before or after the Commencement Date) or has otherwise breached any warranty in Clause 14.1;
j) the registration of the Training Provider under applicable legislation is suspended, withdrawn, cancelled or otherwise ceases;
gk) the Department terminates any other contract with the Training Provider regarding government subsidised training pursuant to any provision of that contract other than on a ground equivalent to a ground set out in one of Clauses 18.1, 18.3(f), 18.3(g), 18.3(h) and 18.3(j);
l) the Department terminates any contract with a Related Training Provider regarding government subsidised training pursuant to any provision of that contract other than on a ground equivalent to a ground set out in one of Clauses 18.1, 18.3(f), 18.3(g), 18.3(h) and 18.3(j);
m) an Other VET Funding Arrangement Termination Event occurs;; and/or
n) an Other VET Funding Arrangement Termination Event occurs to another registered training organisation that is a member of the Training Provider Group.
Appears in 8 contracts
Sources: Vet Funding Contract, Vet Funding Contract, Vet Funding Contract
Termination Rights. 17.1 In addition to any other termination rights it haswe have, the Department we may terminate this Contract at any time by issuing a Notice to the Training Provideryou. Such a termination will take effect 20 Business Days after the Notice takes effect under Clause 14.2, or at any later time specified in the Notice.
17.2 . If the Department terminates we terminate this Contract under Clause 17.1, it we will determine and pay:
a) : amounts that, in its our reasonable opinion, are due and payable under Clause 8 as at the date of termination; and
b) and reasonable costs (but not including loss of profit or income) that, in its our reasonable opinion, have been necessarily and directly incurred by the Training Provider you as a result of the termination, provided that the Training Provider hasyou have, to the our reasonable satisfaction of the Department:
i) satisfaction: used its your best efforts to minimise any costs arising as a result of the termination; and
ii) and provided adequate documentary evidence to substantiate those costs.
17.3 . This Contract may be terminated at any time by written agreement between the Parties.
17.4 The Department you and us. We may terminate this Contract immediately by issuing a Notice to the Training Provider you if:
a) the Training Provider commits : you commit a Material Breach;
b) the Training Provider commits ; you commit a breach of this Contract (whether or not it is a Material Breach) which cannot be remedied;
c) the Training Provider commits ; you commit a breach of this Contract (whether or not it is a Material Breach) and it:
i) fails you: fail to commence action to remedy the breach within 10 Business Days after the Department has we have served a Notice requiring it you to do so; or
ii) or having commenced action to remedy the breach, fails fail to complete that action as soon as possible and in any event within 20 Business Days of the Department's our Notice;
d) ; without limiting paragraphs (a) to (c), the Training Provider fails you fail to provide some or all of the Training Services for which Funds have been claimed and/or paid or any such Training Services are not provided to a standard satisfactory to the Department;
e) us; there has been any fraud, or the Department we reasonably suspects suspect any fraud, relating to the Training Provider you or the Funds, or there has been any misappropriation of Funds by the Training Provider you or any other misleading or deceptive conduct on the your part of the Training Provider in connection with this Contract or the claiming, receipt or use of the Funds;
f) the Training Provider’s ; your registration as a registered training organisation under the Act or the National Act is suspended, withdrawn, cancelled or otherwise ceases;
g) ; an Other VET Funding Arrangement Termination Event occurs;
Appears in 7 contracts
Sources: Vet Funding Contract, Vet Funding Contract, Vet Funding Contract
Termination Rights. 17.1 In addition to any other termination rights it hashas to terminate this VET Funding Contract, the Department may terminate this VET Funding Contract at any time by issuing a Notice to the Training Provider. Such a termination will take effect Provider 20 Business Days after prior to the Notice takes effect under Clause 14.2, or at any later time specified in termination date. In the Notice.
17.2 If event that the Department terminates this VET Funding Contract under in accordance with this Clause 17.118.1, it the Department will determine and pay:
a) : amounts that, in its the reasonable opinionopinion of the Department, are due and payable under Clause 8 of this VET Funding Contract as at the date of termination; and
b) and reasonable costs (but not including loss of profit or income) that, in its the reasonable opinionopinion of the Department, have been necessarily and directly incurred by the Training Provider as a result of the termination, provided that the Training Provider has, to the reasonable satisfaction of the Department:
i) : used its best efforts to minimise any costs arising as a result of the termination; and
ii) and provided adequate documentary evidence to substantiate those costs.
17.3 . The Training Provider acknowledges and agrees that any amount paid by the Department will be finally determined by the Department. This VET Funding Contract may be terminated at any time by written agreement between the Parties.
17.4 . The Department may terminate this VET Funding Contract immediately by issuing a Notice to the Training Provider if:
a) : the Training Provider commits a Material Breach;
b) Breach of this VET Funding Contract; the Training Provider commits a breach of this VET Funding Contract (whether or not it the breach is a Material Breach) which cannot be remedied;
c) ; the Training Provider commits a breach of this VET Funding Contract (whether or not it the breach is a Material Breach) and it:
i) the Training Provider: fails to commence action to remedy the breach within 10 Business Days after the Department has served a Notice requiring it to do so; or
ii) or having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the Department's Notice;
d) ; without limiting paragraphs Clauses 18.3(a), (ab) to or (c), the Training Provider fails to provide some or all of the Training Services for which Funds have been claimed and/or paid or any such if the Training Services are not provided to a standard satisfactory to the Department;
e) ; there has been any fraud, fraud or the Department reasonably suspects any fraud, suspected fraud relating to the Training Provider or the Funds, or there has been any misappropriation of Funds by the Training Provider or there has otherwise been any other misleading or deceptive conduct on the part of the Training Provider in connection with this VET Funding Contract or the claiming, receipt or use of the Funds;
f) ; an Insolvency Event occurs in relation to the Training Provider’s registration as ; the Training Provider undergoes a registered training organisation Change in Control that has not been approved by the Department under Clause 7.6; the Act Training Provider undergoes an event referred to in Clause 7.10; the Training Provider has made, or the National Act Department reasonably suspects that the Training Provider has made any false or misleading representation to the Department in connection with this VET Funding Contract (whether by act or omission, and whether before or after the Commencement Date) or has otherwise breached any warranty in Clause 14.1; the registration of the Training Provider under applicable legislation is suspended, withdrawn, cancelled or otherwise ceases; the Department terminates any other contract with the Training Provider regarding government subsidised training pursuant to any provision of that contract other than on a ground equivalent to a ground set out in one of Clauses 18.1, 18.3(f), 18.3(g), 18.3(h) and 18.3(j); the Department terminates any contract with a Related Training Provider regarding government subsidised training pursuant to any provision of that contract other than on a ground equivalent to a ground set out in one of Clauses 18.1, 18.3(f), 18.3(g), 18.3(h) and 18.3(j);
g) an Other VET Funding Arrangement Termination Event occurs;
Appears in 7 contracts
Sources: Vet Funding Contract, Vet Funding Contract, Vet Funding Contract
Termination Rights. 17.1 In addition to any other termination rights it has, the Department may terminate this Contract at any time by issuing a Notice to the Training Provider. Such a termination will take effect 20 Business Days after the Notice takes effect under Clause 14.2, or at any later time specified in the Notice.
17.2 . If the Department terminates this Contract under Clause 17.1, it will determine and pay:
a) : amounts that, in its reasonable opinion, are due and payable under Clause 8 as at the date of termination; and
b) and reasonable costs (but not including loss of profit or income) that, in its reasonable opinion, have been necessarily and directly incurred by the Training Provider as a result of the termination, provided that the Training Provider has, to the reasonable satisfaction of the Department:
i) : used its best efforts to minimise any costs arising as a result of the termination; and
ii) and provided adequate documentary evidence to substantiate those costs.
17.3 . This Contract may be terminated at any time by written agreement between the Parties.
17.4 . The Department may terminate this Contract immediately by issuing a Notice to the Training Provider if:
a) : the Training Provider commits a Material Breach;
b) ; the Training Provider commits a breach of this Contract (whether or not it is a Material Breach) which cannot be remedied;
c) ; the Training Provider commits a breach of this Contract (whether or not it is a Material Breach) and it:
i) : fails to commence action to remedy the breach within 10 Business Days after the Department has served a Notice requiring it to do so; or
ii) or having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the Department's Notice;
d) ; without limiting paragraphs (a) to (c), the Training Provider fails to provide some or all of the Training Services for which Funds have been claimed and/or paid or any such Training Services are not provided to a standard satisfactory to the Department;
e) ; there has been any fraud, or the Department reasonably suspects any fraud, relating to the Training Provider or the Funds, or there has been any misappropriation of Funds by the Training Provider or any other misleading or deceptive conduct on the part of the Training Provider in connection with this Contract or the claiming, receipt or use of the Funds;
f) ; the Training Provider’s registration as a registered training organisation under the Act or the National Act is suspended, withdrawn, cancelled or otherwise ceases;
g) ; an Other VET Funding Arrangement Termination Event occurs;
Appears in 6 contracts
Sources: Vet Funding Contract, Vet Funding Contract, Vet Funding Contract
Termination Rights. 17.1 In addition to any other termination rights it has, the Department may terminate this Contract at any time by issuing a Notice to the Training Provider. Such a termination will take effect 20 Business Days after the Notice takes effect under Clause 14.2, or at any later time specified in the Notice.
17.2 . If the Department terminates this Contract under Clause 17.1, it will determine and pay:
a) : amounts that, in its reasonable opinion, are due and payable under Clause 8 as at the date of termination; and
b) and reasonable costs (but not including loss of profit or income) that, in its reasonable opinion, have been necessarily and directly incurred by the Training Provider as a result of the termination, provided that the Training Provider has, to the reasonable satisfaction of the Department:
i) : used its best efforts to minimise any costs arising as a result of the termination; and
ii) and provided adequate documentary evidence to substantiate those costs.
17.3 . This Contract may be terminated at any time by written agreement between the Parties.
17.4 . The Department may terminate this Contract immediately by issuing a Notice to the Training Provider if:
a) : the Training Provider commits a Material Breach;
b) ; the Training Provider commits a breach of this Contract (whether or not it is a Material Breach) which cannot be remedied;
c) ; the Training Provider commits a breach of this Contract (whether or not it is a Material Breach) and it:
i) : fails to commence action to remedy the breach within 10 Business Days after the Department has served a Notice requiring it to do so; or
ii) or having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the Department's Notice;
d) ; without limiting paragraphs (a) to (c), the Training Provider fails to provide some or all of the Training Services for which Funds have been claimed and/or paid or any such Training Services are not provided to a standard satisfactory to the Department;
e) ; there has been any fraud, or the Department reasonably suspects any fraud, relating to the Training Provider or the Funds, or there has been any misappropriation of Funds by the Training Provider or any other misleading or deceptive conduct on the part of the Training Provider in connection with this Contract or the claiming, receipt or use of the Funds;
f) ; an Insolvency Event occurs (provided that termination on this ground is subject to any applicable statutory stay on the exercise of rights, including sections 415D, 434J and 451E of the Corporations Act, as the case may be); the Training Provider undergoes a Change in Control that has not been approved by the Department under Clause 7.4; the Training Provider undergoes an event referred to in Clause 7.8; the Training Provider has made, or the Department reasonably suspects that the Training Provider has made, any false or misleading representation to the Department in connection with this Contract (whether by act or omission, and whether before or after the Commencement Date); the Training Provider’s registration as a registered training organisation under the Act or the National Act is suspended, withdrawn, cancelled or otherwise ceases;
g; the Department terminates any other contract with the Training Provider regarding government-subsidised training under any provision of that contract other than on a ground equivalent to a ground set out in one of Clauses 17.1, 17.4(f), 17.4(g), 17.4(h) and 17.4(j); the Department terminates any contract with a Related Training Provider regarding government-subsidised training under any provision of that contract other than on a ground equivalent to a ground set out in one of Clauses 17.1, 17.4(f), 17.4(g), 17.4(h) and 17.4(j); an Other VET Funding Arrangement Termination Event occurs;; and/or an Other VET Funding Arrangement Termination Event occurs to another registered training organisation that is a member of the Training Provider Group.
Appears in 6 contracts
Sources: Vet Funding Contract, Vet Funding Contract, Vet Funding Contract
Termination Rights. 17.1 In addition to any other termination rights it has, the Department may terminate this Contract at any time by issuing a Notice to the Training Provider. Such a termination will take effect 20 Business Days after the Notice takes effect under Clause 14.2, or at any later time specified in the Notice.
17.2 If the Department terminates this Contract under Clause 17.1, it will determine and pay:
a) amounts that, in its reasonable opinion, are due and payable under Clause 8 as at the date of termination; and
b) reasonable costs (but not including loss of profit or income) that, in its reasonable opinion, have been necessarily and directly incurred by the Training Provider as a result of the termination, provided that the Training Provider has, to the reasonable satisfaction of the Department:
i) used its best efforts to minimise any costs arising as a result of the termination; and
ii) provided adequate documentary evidence to substantiate those costs.
17.3 This Contract may be terminated at any time by written agreement between the Parties.
17.4 The Department may terminate this Contract immediately by issuing a Notice to the Training Provider if:
a) the Training Provider commits a Material Breach;
b) the Training Provider commits a breach of this Contract (whether or not it is a Material Breach) which cannot be remedied;
c) the Training Provider commits a breach of this Contract (whether or not it is a Material Breach) and it:
i) fails to commence action to remedy the breach within 10 Business Days after the Department has served a Notice requiring it to do so; or
ii) having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the Department's Notice;
d) without limiting paragraphs Clauses 17.4(a), (ab) to or (c), the Training Provider fails to provide some or all of the Training Services for which Funds have been claimed and/or paid or any such Training Services are not provided to a standard satisfactory to the Department;
e) there has been any fraud, or the Department reasonably suspects any fraud, relating to the Training Provider or the Funds, or there has been any misappropriation of Funds by the Training Provider or any other misleading or deceptive conduct on the part of the Training Provider in connection with this Contract or the claiming, receipt or use of the Funds;
f) the Training Provider’s registration as a registered training organisation under the Act or the National Act is suspended, withdrawn, cancelled or otherwise ceases;
g) an Other VET Funding Arrangement Termination Event occurs;
Appears in 6 contracts
Sources: Vet Funding Contract, Vet Funding Contract, Vet Funding Contract
Termination Rights. 17.1 18.1 In addition to any other termination rights it hashas to terminate this VET Funding Contract, the Department may terminate this VET Funding Contract at any time by issuing a Notice to the Training Provider. Such a termination will take effect Provider 20 Business Days after prior to the Notice takes effect under Clause 14.2, or at any later time specified in termination date. In the Notice.
17.2 If event that the Department terminates this VET Funding Contract under in accordance with this Clause 17.118.1, it the Department will determine and pay:
a) amounts that, in its the reasonable opinionopinion of the Department, are due and payable under Clause 8 of this VET Funding Contract as at the date of termination; and
b) reasonable costs (but not including loss of profit or income) that, in its the reasonable opinionopinion of the Department, have been necessarily and directly incurred by the Training Provider as a result of the termination, provided that the Training Provider has, to the reasonable satisfaction of the Department:
i) used its best efforts to minimise any costs arising as a result of the termination; and
ii) provided adequate documentary evidence to substantiate those costs. The Training Provider acknowledges and agrees that any amount paid by the Department will be finally determined by the Department.
17.3 18.2 This VET Funding Contract may be terminated at any time by written agreement between the Parties.
17.4 18.3 The Department may terminate this VET Funding Contract immediately by issuing a Notice to the Training Provider if:
a) the Training Provider commits a Material BreachBreach of this VET Funding Contract;
b) the Training Provider commits a breach of this VET Funding Contract (whether or not it the breach is a Material Breach) which cannot be remedied;
c) the Training Provider commits a breach of this VET Funding Contract (whether or not it the breach is a Material Breach) and itthe Training Provider:
i) fails to commence action to remedy the breach within 10 Business Days after the Department has served a Notice requiring it to do so; or
ii) having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the Department's Notice;
d) without limiting paragraphs Clauses 18.3(a), (ab) to or (c), the Training Provider fails to provide some or all of the Training Services for which Funds have been claimed and/or paid or any such if the Training Services are not provided to a standard satisfactory to the Department;
e) there has been any fraud, fraud or the Department reasonably suspects any fraud, suspected fraud relating to the Training Provider or the Funds, or there has been any misappropriation of Funds by the Training Provider or there has otherwise been any other misleading or deceptive conduct on the part of the Training Provider in connection with this VET Funding Contract or the claiming, receipt or use of the Funds;
f) the registration of the Training Provider’s registration as a registered training organisation Provider under the Act or the National Act applicable legislation is suspended, withdrawn, cancelled or otherwise ceases;
g) an Other VET Funding Arrangement Termination Event occurs;
Appears in 6 contracts
Sources: Vet Funding Contract, Vet Funding Contract, Vet Funding Contract
Termination Rights. 17.1 In addition to any other termination rights it hashas to terminate this VET Funding Contract, the Department may terminate this VET Funding Contract at any time by issuing a Notice to the Training Provider. Such a termination will take effect Provider 20 Business Days after prior to the Notice takes effect under Clause 14.2, or at any later time specified in termination date. In the Notice.
17.2 If event that the Department terminates this VET Funding Contract under in accordance with this Clause 17.118.1, it the Department will determine and pay:
a) : amounts that, in its the reasonable opinionopinion of the Department, are due and payable under Clause 8 of this VET Funding Contract as at the date of termination; and
b) and reasonable costs (but not including loss of profit or income) that, in its the reasonable opinionopinion of the Department, have been necessarily and directly incurred by the Training Provider as a result of the termination, provided that the Training Provider has, to the reasonable satisfaction of the Department:
i) : used its best efforts to minimise any costs arising as a result of the termination; and
ii) and provided adequate documentary evidence to substantiate those costs.
17.3 . The Training Provider acknowledges and agrees that any amount paid by the Department will be finally determined by the Department. This VET Funding Contract may be terminated at any time by written agreement between the Parties.
17.4 . The Department may terminate this VET Funding Contract immediately by issuing a Notice to the Training Provider if:
a) : the Training Provider commits a Material Breach;
b) Breach of this VET Funding Contract; the Training Provider commits a breach of this VET Funding Contract (whether or not it the breach is a Material Breach) which cannot be remedied;
c) ; the Training Provider commits a breach of this VET Funding Contract (whether or not it the breach is a Material Breach) and it:
i) the Training Provider: fails to commence action to remedy the breach within 10 Business Days after the Department has served a Notice requiring it to do so; or
ii) or having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the Department's Notice;
d) ; without limiting paragraphs Clauses 18.3(a), (a) to b or (c), the Training Provider fails to provide some or all of the Training Services for which Funds have been claimed and/or paid or any such if the Training Services are not provided to a standard satisfactory to the Department;
e) ; there has been any fraud, fraud or the Department reasonably suspects any fraud, suspected fraud relating to the Training Provider or the Funds, or there has been any misappropriation of Funds by the Training Provider or there has otherwise been any other misleading or deceptive conduct on the part of the Training Provider in connection with this VET Funding Contract or the claiming, receipt or use of the Funds;
f) ; the registration of the Training Provider’s registration as a registered training organisation Provider under the Act or the National Act applicable legislation is suspended, withdrawn, cancelled or otherwise ceases;
g) ; an Other VET Funding Arrangement Termination Event occurs;
Appears in 5 contracts
Sources: Vet Funding Contract, Vet Funding Contract, Vet Funding Contract
Termination Rights. 17.1 In addition to any other termination rights it haswe have, the Department we may terminate this Contract at any time by issuing a Notice to the Training Provideryou. Such a termination will take effect 20 Business Days after the Notice takes effect under Clause 14.2, or at any later time specified in the Notice.
17.2 If the Department terminates we terminate this Contract under Clause 17.1, it we will determine and pay:
a) amounts that, in its our reasonable opinion, are due and payable under Clause 8 as at the date of termination; and
b) reasonable costs (but not including loss of profit or income) that, in its our reasonable opinion, have been necessarily and directly incurred by the Training Provider you as a result of the termination, provided that the Training Provider hasyou have, to the our reasonable satisfaction of the Departmentsatisfaction:
i) used its your best efforts to minimise any costs arising as a result of the termination; and
ii) provided adequate documentary evidence to substantiate those costs.
17.3 This Contract may be terminated at any time by written agreement between the Partiesyou and us.
17.4 The Department We may terminate this Contract immediately by issuing a Notice to the Training Provider you if:
a) the Training Provider commits you commit a Material Breach;
b) the Training Provider commits you commit a breach of this Contract (whether or not it is a Material Breach) which cannot be remedied;
c) the Training Provider commits you commit a breach of this Contract (whether or not it is a Material Breach) and ityou:
i) fails fail to commence action to remedy the breach within 10 Business Days after the Department has we have served a Notice requiring it you to do so; or
or ii) having commenced action to remedy the breach, fails fail to complete that action as soon as possible and in any event within 20 Business Days of the Department's our Notice;
d) without limiting paragraphs (a) to (c), the Training Provider fails you fail to provide some or all of the Training Services for which Funds have been claimed and/or paid or any such Training Services are not provided to a standard satisfactory to the Departmentus;
e) there has been any fraud, or the Department we reasonably suspects suspect any fraud, relating to the Training Provider you or the Funds, or there has been any misappropriation of Funds by the Training Provider you or any other misleading or deceptive conduct on the your part of the Training Provider in connection with this Contract or the claiming, receipt or use of the Funds;
f) the Training Provider’s your registration as a registered training organisation under the Act or the National Act is suspended, withdrawn, cancelled or otherwise ceases;
g) an Other VET Funding Arrangement Termination Event occurs;
Appears in 5 contracts
Sources: Vet Funding Contract, Vet Funding Contract, Dual Sector Vet Funding Contract
Termination Rights. 17.1 In addition to any other termination rights it has, the Department may terminate this Contract at any time by issuing a Notice to the Training Provider. Such a termination will take effect 20 Business Days after the Notice takes effect under Clause 14.2, or at any later time specified in the Notice.
17.2 If the Department terminates this Contract under Clause 17.1, it will determine and pay:
a) amounts that, in its reasonable opinion, are due and payable under Clause 8 as at the date of termination; and
b) reasonable costs (but not including loss of profit or income) that, in its reasonable opinion, have been necessarily and directly incurred by the Training Provider as a result of the termination, provided that the Training Provider has, to the reasonable satisfaction of the Department:
i) used its best efforts to minimise any costs arising as a result of the termination; and
ii) provided adequate documentary evidence to substantiate those costs.
17.3 This Contract may be terminated at any time by written agreement between the Parties.
17.4 The Department may terminate this Contract immediately by issuing a Notice to the Training Provider if:
a) the Training Provider commits a Material Breach;
b) the Training Provider commits a breach of this Contract (whether or not it is a Material Breach) which cannot be remedied;
c) the Training Provider commits a breach of this Contract (whether or not it is a Material Breach) and it:
i) fails to commence action to remedy the breach within 10 Business Days after the Department has served a Notice requiring it to do so; or
ii) having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the Department's Notice;
d) without limiting paragraphs Clauses 17.4(a), (ab) to or (c), the Training Provider fails to provide some or all of the Training Services for which Funds have been claimed and/or paid or any such Training Services are not provided to a standard satisfactory to the Department;
e) there has been any fraud, or the Department reasonably suspects any fraud, relating to the Training Provider or the Funds, or there has been any misappropriation of Funds by the Training Provider or any other misleading or deceptive conduct on the part of the Training Provider in connection with this Contract or the claiming, receipt or use of the Funds;
f) an Insolvency Event occurs (provided that termination on this ground is subject to any applicable statutory stay on the exercise of rights, including sections 415D, 434J and 451E of the Corporations Act, as the case may be);
g) the Training Provider undergoes a Change in Control that has not been approved by the Department under Clause 7.4;
h) the Training Provider undergoes an event referred to in Clause 7.8;
i) the Training Provider has made, or the Department reasonably suspects that the Training Provider has made, any false or misleading representation to the Department in connection with this Contract (whether by act or omission, and whether before or after the Commencement Date);
j) the Training Provider’s registration as a registered training organisation under the Act or the National Act is suspended, withdrawn, cancelled or otherwise ceases;
gk) an Other VET Funding Arrangement Termination Event occursthe Department terminates any other contract with the Training Provider regarding government-subsidised training under any provision of that contract other than on a ground equivalent to a ground set out in one of Clauses 17.1, 17.4(f), 17.4(g), 17.4(h) and 17.4(j);
l) the Department terminates any contract with a Related Training Provider regarding government-subsidised training under any provision of that contract other than on a ground equivalent to a ground set out in one of Clauses 17.1, 17.4(f), 17.4(g), 17.4(h) and 17.4(j);
Appears in 5 contracts
Sources: Vet Funding Contract, Vet Funding Contract, Vet Funding Contract
Termination Rights. 17.1 In addition to any other termination rights it hashas to terminate this VET Funding Contract, the Department may terminate this VET Funding Contract at any time by issuing a Notice to the Training Provider. Such a termination will take effect Provider 20 Business Days after prior to the Notice takes effect under Clause 14.2, or at any later time specified in termination date. In the Notice.
17.2 If event that the Department terminates this VET Funding Contract under in accordance with this Clause 17.118.1, it the Department will determine and pay:
a) : amounts that, in its the reasonable opinionopinion of the Department, are due and payable under Clause 8 of this VET Funding Contract as at the date of termination; and
b) and reasonable costs (but not including loss of profit or income) that, in its the reasonable opinionopinion of the Department, have been necessarily and directly incurred by the Training Provider as a result of the termination, provided that the Training Provider has, to the reasonable satisfaction of the Department:
i) : used its best efforts to minimise any costs arising as a result of the termination; and
ii) and provided adequate documentary evidence to substantiate those costs.
17.3 . The Training Provider acknowledges and agrees that any amount paid by the Department will be finally determined by the Department. This VET Funding Contract may be terminated at any time by written agreement between the Parties.
17.4 . The Department may terminate this VET Funding Contract immediately by issuing a Notice to the Training Provider if:
a) : the Training Provider commits a Material Breach;
b) Breach of this VET Funding Contract; the Training Provider commits a breach of this VET Funding Contract (whether or not it the breach is a Material Breach) which cannot be remedied;
c) ; the Training Provider commits a breach of this VET Funding Contract (whether or not it the breach is a Material Breach) and it:
i) the Training Provider: fails to commence action to remedy the breach within 10 Business Days after the Department has served a Notice requiring it to do so; or
ii) or having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the Department's Notice;
d) ; without limiting paragraphs Clauses 18.3(a), (ab) to or (c), the Training Provider fails to provide some or all of the Training Services for which Funds have been claimed and/or paid or any such if the Training Services are not provided to a standard satisfactory to the Department;
e) ; there has been any fraud, fraud or the Department reasonably suspects any fraud, suspected fraud relating to the Training Provider or the Funds, or there has been any misappropriation of Funds by the Training Provider or there has otherwise been any other misleading or deceptive conduct on the part of the Training Provider in connection with this VET Funding Contract or the claiming, receipt or use of the Funds;
f) ; the registration of the Training Provider’s registration as a registered training organisation Provider under the Act or the National Act applicable legislation is suspended, withdrawn, cancelled or otherwise ceases;
g) ; an Other VET Funding Arrangement Termination Event occurs;
Appears in 5 contracts
Sources: Vet Funding Contract, Vet Funding Contract, Vet Funding Contract
Termination Rights. 17.1 In addition to any other termination rights it haswe have, the Department we may terminate this Contract at any time by issuing a Notice to the Training Provideryou. Such a termination will take effect 20 Business Days after the Notice takes effect under Clause 14.2, or at any later time specified in the Notice.
17.2 . If the Department terminates we terminate this Contract under Clause 17.1, it we will determine and pay:
a) : amounts that, in its our reasonable opinion, are due and payable under Clause 8 as at the date of termination; and
b) and reasonable costs (but not including loss of profit or income) that, in its our reasonable opinion, have been necessarily and directly incurred by the Training Provider you as a result of the termination, provided that the Training Provider hasyou have, to the our reasonable satisfaction of the Department:
i) satisfaction: used its your best efforts to minimise any costs arising as a result of the termination; and
ii) and provided adequate documentary evidence to substantiate those costs.
17.3 . This Contract may be terminated at any time by written agreement between the Parties.
17.4 The Department you and us. We may terminate this Contract immediately by issuing a Notice to the Training Provider you if:
a) the Training Provider commits : you commit a Material Breach;
b) the Training Provider commits ; you commit a breach of this Contract (whether or not it is a Material Breach) which cannot be remedied;
c) the Training Provider commits ; you commit a breach of this Contract (whether or not it is a Material Breach) and it:
i) fails you: fail to commence action to remedy the breach within 10 Business Days after the Department has we have served a Notice requiring it you to do so; or
ii) or having commenced action to remedy the breach, fails fail to complete that action as soon as possible and in any event within 20 Business Days of the Department's our Notice;
d) ; without limiting paragraphs (a) to (c), the Training Provider fails you fail to provide some or all of the Training Services for which Funds have been claimed and/or paid or any such Training Services are not provided to a standard satisfactory to the Department;
e) us; there has been any fraud, or the Department we reasonably suspects suspect any fraud, relating to the Training Provider you or the Funds, or there has been any misappropriation of Funds by the Training Provider you or any other misleading or deceptive conduct on the your part of the Training Provider in connection with this Contract or the claiming, receipt or use of the Funds;
f; an Insolvency Event occurs (provided that termination on this ground is subject to any applicable statutory stay on the exercise of rights, including sections 415D, 434J and 451E of the Corporations Act, as the case may be); we have notified you that we object to a proposed Change in Control or a Change in Control under Clause 7.4 and, in the case of a proposed Change in Control, you undergo (or have undergone) that Change in Control; you undergo an event referred to in Clause 7.8; you have made, or we reasonably suspect that you have made, any false or misleading representation to us in connection with this Contract (whether by act or omission, and whether before or after the Training Provider’s Commencement Date); your registration as a registered training organisation under the Act or the National Act is suspended, withdrawn, cancelled or otherwise ceases;
g; we terminate any other contract with you regarding government-subsidised training under any provision of that contract other than on a ground equivalent to a ground set out in one of Clauses 17.1, 17.4(f), 17.4(g), 17.4(h) and 17.4(j); we terminate any contract with a Related Training Provider regarding government-subsidised training under any provision of that contract other than on a ground equivalent to a ground set out in one of Clauses 17.1, 17.4(f), 17.4(g), 17.4(h) and 17.4(j); an Other VET Funding Arrangement Termination Event occurs;; and/or an Other VET Funding Arrangement Termination Event occurs to another registered training organisation that is a member of the Training Provider Group.
Appears in 4 contracts
Sources: Vet Funding Contract, Vet Funding Contract, Vet Funding Contract
Termination Rights. 17.1 In addition to any other termination rights it haswe have, the Department we may terminate this Contract at any time by issuing a Notice to the Training Provideryou. Such a termination will take effect 20 Business Days after the Notice takes effect under Clause 14.2, or at any later time specified in the Notice.
17.2 If the Department terminates we terminate this Contract under Clause 17.1, it we will determine and pay:
a) amounts that, in its our reasonable opinion, are due and payable under Clause 8 as at the date of termination; and
b) reasonable costs (but not including loss of profit or income) that, in its our reasonable opinion, have been necessarily and directly incurred by the Training Provider you as a result of the termination, provided that the Training Provider hasyou have, to the our reasonable satisfaction of the Departmentsatisfaction:
i) used its your best efforts to minimise any costs arising as a result of the termination; and
ii) provided adequate documentary evidence to substantiate those costscosts .
17.3 This Contract may be terminated at any time by written agreement between the Partiesyou and us.
17.4 The Department We may terminate this Contract immediately by issuing a Notice to the Training Provider ifyou if :
a) the Training Provider commits you commit a Material Breach;
b) the Training Provider commits you commit a breach of this Contract (whether or not it is a Material Breach) which cannot be remedied;
c) the Training Provider commits you commit a breach of this Contract (whether or not it is a Material Breach) and ityou:
i) fails fail to commence action to remedy the breach within 10 Business Days after the Department has we have served a Notice requiring it you to do so; or
or ii) having commenced action to remedy the breach, fails fail to complete that action as soon as possible and in any event within 20 Business Days of the Department's our Notice;
d) without limiting paragraphs (a) to (c), the Training Provider fails you fail to provide some or all of the Training Services for which Funds have been claimed and/or paid or any such Training Services are not provided to a standard satisfactory to the Departmentus;
e) there has been any fraudf raud, or the Department we reasonably suspects suspect any fraudf raud, relating to the Training Provider you or the Funds, or there has been any misappropriation of Funds by the Training Provider you or any other misleading or deceptive conduct on the your part of the Training Provider in connection with this Contract or the claiming, receipt or use of the Funds;
f) the Training Provider’s your registration as a registered training organisation under the Act or the National Act is suspended, withdrawn, cancelled or otherwise ceases;
g) an Other VET Funding Arrangement Termination Event occurs;
Appears in 4 contracts
Sources: Vet Funding Contract, Vet Funding Contract, Vet Funding Contract
Termination Rights. 17.1 18.1 In addition to any other termination rights it hashas to terminate this VET Funding Contract, the Department may terminate this VET Funding Contract at any time by issuing a Notice to the Training Provider. Such a termination will take effect Provider 20 Business Days after prior to the Notice takes effect under Clause 14.2, or at any later time specified in termination date. In the Notice.
17.2 If event that the Department terminates this VET Funding Contract under in accordance with this Clause 17.118.1, it the Department will determine and pay:
a) amounts that, in its the reasonable opinionopinion of the Department, are due and payable under Clause 8 of this VET Funding Contract as at the date of termination; and
b) reasonable costs (but not including loss of profit or income) that, in its the reasonable opinionopinion of the Department, have been necessarily and directly incurred by the Training Provider as a result of the termination, provided that the Training Provider has, to the reasonable satisfaction of the Department:
i) used its best efforts to minimise any costs arising as a result of the termination; and
ii) provided adequate documentary evidence to substantiate those costs. The Training Provider acknowledges and agrees that any amount paid by the Department will be finally determined by the Department.
17.3 18.2 This VET Funding Contract may be terminated at any time by written agreement between the Parties.
17.4 18.3 The Department may terminate this VET Funding Contract immediately by issuing a Notice to the Training Provider if:
a) the Training Provider commits a Material BreachBreach of this VET Funding Contract;
b) the Training Provider commits a breach of this VET Funding Contract (whether or not it the breach is a Material Breach) which cannot be remedied;
c) the Training Provider commits a breach of this VET Funding Contract (whether or not it the breach is a Material Breach) and itthe Training Provider:
i) fails to commence action to remedy the breach within 10 Business Days after the Department has served a Notice requiring it to do so; or
ii) having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the Department's Notice;
d) without limiting paragraphs Clauses 18.3(a), (ab) to or (c), the Training Provider fails to provide some or all of the Training Services for which Funds have been claimed and/or paid or any such if the Training Services are not provided to a standard satisfactory to the Department;
e) there has been any fraud, fraud or the Department reasonably suspects any fraud, suspected fraud relating to the Training Provider or the Funds, or there has been any misappropriation of Funds by the Training Provider or there has otherwise been any other misleading or deceptive conduct on the part of the Training Provider in connection with this VET Funding Contract or the claiming, receipt or use of the Funds;
f) an Insolvency Event occurs in relation to the Training Provider’s registration as ;
g) the Training Provider undergoes a registered training organisation Change in Control that has not been approved by the Department under Clause 7.6;
h) the Act Training Provider undergoes an event referred to in Clause 7.10;
i) the Training Provider has made, or the National Act Department reasonably suspects that the Training Provider has made any false or misleading representation to the Department in connection with this VET Funding Contract (whether by act or omission, and whether before or after the Commencement Date) or has otherwise breached any warranty in Clause 14.1;
j) the registration of the Training Provider under applicable legislation is suspended, withdrawn, cancelled or otherwise ceases;
gk) an Other VET Funding Arrangement Termination Event occursthe Department terminates any other contract with the Training Provider regarding government subsidised training pursuant to any provision of that contract other than on a ground equivalent to a ground set out in one of Clauses 18.1, 18.3(f), 18.3(g), 18.3(h) and 18.3(j);
l) the Department terminates any contract with a Related Training Provider regarding government subsidised training pursuant to any provision of that contract other than on a ground equivalent to a ground set out in one of Clauses 18.1, 18.3(f), 18.3(g), 18.3(h) and 18.3(j);
Appears in 4 contracts
Sources: Vet Funding Contract, Vet Funding Contract, Vet Funding Contract
Termination Rights. 17.1 In addition to any other termination rights it has, the Department may terminate this Contract at any time by issuing a Notice to the Training Provider. Such a termination will take effect 20 Business Days after the Notice takes effect under Clause 14.2, or at any later time specified in the Notice.
17.2 . If the Department terminates this Contract under Clause 17.1, it will determine and pay:
a) : amounts that, in its reasonable opinion, are due and payable under Clause 8 as at the date of termination; and
b) and reasonable costs (but not including loss of profit or income) that, in its reasonable opinion, have been necessarily and directly incurred by the Training Provider as a result of the termination, provided that the Training Provider has, to the reasonable satisfaction of the Department:
i) : used its best efforts to minimise any costs arising as a result of the termination; and
ii) and provided adequate documentary evidence to substantiate those costs.
17.3 . This Contract may be terminated at any time by written agreement between the Parties.
17.4 . The Department may terminate this Contract immediately by issuing a Notice to the Training Provider if:
a) : the Training Provider commits a Material Breach;
b) ; the Training Provider commits a breach of this Contract (whether or not it is a Material Breach) which cannot be remedied;
c) ; the Training Provider commits a breach of this Contract (whether or not it is a Material Breach) and it:
i) : fails to commence action to remedy the breach within 10 Business Days after the Department has served a Notice requiring it to do so; or
ii) or having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the Department's Notice;
d) ; without limiting paragraphs (a) to (c), the Training Provider fails to provide some or all of the Training Services for which Funds have been claimed and/or paid or any such Training Services are not provided to a standard satisfactory to the Department;
e) ; there has been any fraud, or the Department reasonably suspects any fraud, relating to the Training Provider or the Funds, or there has been any misappropriation of Funds by the Training Provider or any other misleading or deceptive conduct on the part of the Training Provider in connection with this Contract or the claiming, receipt or use of the Funds;
f) ; the Training Provider’s registration as a registered training organisation under the Act or the National Act is suspended, withdrawn, cancelled or otherwise ceases;
g) ; an Other VET Funding Arrangement Termination Event occurs;; an Other VET Funding Arrangement Termination Event occurs to another registered training organisation that is a member of the Training Provider Group; and/or the Training Provider is abolished or will cease to exist pursuant to its governing legislation.
Appears in 3 contracts
Sources: Vet Funding Contract, Vet Funding Contract, Vet Funding Contract
Termination Rights. 17.1 In addition to any other termination rights it hashas to terminate this VET Funding Contract, the Department may terminate this VET Funding Contract at any time by issuing a Notice to giving the Training Provider. Such a termination will take effect Provider 20 Business Days after written notice of termination. In the Notice takes effect under Clause 14.2, or at any later time specified in the Notice.
17.2 If event that the Department terminates this VET Funding Contract under in accordance with this Clause 17.118.1, it the Department will determine and pay:
a) : amounts that, in its the reasonable opinionopinion of the Department, are due and payable under Clause 8 of this VET Funding Contract as at the date of termination; and
b) and reasonable costs (but not including loss of profit or income) that, in its the reasonable opinionopinion of the Department, have been necessarily and directly incurred by the Training Provider as a result of the termination, provided that the Training Provider has, to the reasonable satisfaction of the Department:
i) : used its best efforts to minimise any costs arising as a result of the termination; and
ii) and provided adequate documentary evidence to substantiate those costs.
17.3 . The Training Provider acknowledges and agrees that any amount paid by the Department will be finally determined by the Department. This VET Funding Contract may be terminated at any time by written agreement between the Parties.
17.4 . The Department may terminate this VET Funding Contract immediately by issuing a Notice written notice to the Training Provider if:
a) : the Training Provider commits a Material Breach;
b) Breach of this VET Funding Contract; the Training Provider commits a breach of this VET Funding Contract (whether or not it the breach is a Material Breach) which cannot be remedied;
c) ; the Training Provider commits a breach of this VET Funding Contract (whether or not it the breach is a Material Breach) and it:
i) the Training Provider: fails to commence action to remedy the breach within 10 Business Days after the Department has served a Notice notice requiring it to do so; or
ii) or having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the Department's Notice;
d) notice; without limiting paragraphs Clauses 18.3(a), (a) to b or (c), the Training Provider fails to provide some or all of the Training Services for which Funds have been claimed and/or paid or any such if the Training Services are not provided to a standard satisfactory to the Department;
e) ; there has been any fraud, fraud or the Department reasonably suspects any fraud, suspected fraud relating to the Training Provider or the Funds, or there has been any misappropriation of Funds by the Training Provider or there has otherwise been any other misleading or deceptive conduct on the part of the Training Provider in connection with this VET Funding Contract or the claiming, receipt or use of the Funds;
f) ; an Insolvency Event occurs in relation to the Training Provider’s registration as ; the Training Provider undergoes a registered training organisation Change in Control that has not been approved by the Department under Clause 7.6; the Act Training Provider undergoes an event referred to in Clause 7.11; the Training Provider has made, or the National Act Department reasonably suspects that the Training Provider has made any false or misleading representation to the Department in connection with this VET Funding Contract (whether by act or omission, and whether before or after the Commencement Date) or has otherwise breached any warranty in Clause 14.1; the registration of the Training Provider under applicable legislation is suspended, withdrawn, cancelled or otherwise ceases; the Department terminates any other contract with the Training Provider regarding government subsidised training pursuant to any provision of that contract other than on a ground equivalent to a ground set out in one of Clauses 18.1, 18.3(f), 18.3(g), 18.3(h) and 18.3(j); the Department terminates any contract with a Related Training Provider regarding government subsidised training pursuant to any provision of that contract other than on a ground equivalent to a ground set out in one of Clauses 18.1, 18.3(f), 18.3(g), 18.3(h) and 18.3(j);
g) an Other VET Funding Arrangement Termination Event occurs;
Appears in 3 contracts
Sources: Vet Funding Contract, Vet Funding Contract, Vet Funding Contract
Termination Rights. 17.1 17.1. In addition to any other termination rights it hashas to terminate this VET Funding Contract, the Department may in its sole and absolute discretion terminate this VET Funding Contract at any time by issuing a Notice to giving the Training Provider. Such a termination will take effect RTO 20 Business Days after written notice of termination. In the Notice takes effect under Clause 14.2, or at any later time specified in the Notice.
17.2 If event that the Department terminates this VET Funding Contract under in accordance with this Clause 17.1, it subject to Clauses 7.3, 16 and 17.5, the Department will determine and pay:
a) amounts that, in its the reasonable opinionopinion of the Department, are due and payable under Clause 8 7 of this VET Funding Contract as at the date of termination; and
b) reasonable costs (but not including loss of profit or income) that, in its the reasonable opinionopinion of the Department, have been necessarily and directly incurred by the Training Provider RTO as a result of the termination, provided that the Training Provider RTO has, to the reasonable satisfaction of the Department:
i) used its best efforts to minimise any costs arising as a result of the termination; and
ii) provided adequate documentary evidence to substantiate those costs. The RTO acknowledges and agrees that any amount paid by the Department will be finally determined by the Department.
17.3 17.2. This VET Funding Contract may be terminated at any time by written agreement between the Parties.
17.4 17.3. The Department may terminate this VET Funding Contract immediately by issuing a Notice written notice to the Training Provider RTO if:
a) the Training Provider RTO commits a Material BreachBreach of this VET Funding Contract;
b) the Training Provider RTO commits a breach of this VET Funding Contract (whether or not it is a Material Breach) which cannot be remedied;
c) the Training Provider RTO commits a breach of this VET Funding Contract (whether or not it is a Material Breach) and itthe RTO:
i) fails to commence action to remedy the breach within 10 Business Days after the Department has served a Notice notice requiring it to do so; or
ii) having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the Department's Noticenotice;
d) without limiting paragraphs (Clauses 17.3 a), b) to (or c), the Training Provider RTO fails to provide some or all of the Training Services for which Funds have been claimed and/or paid or any such if the Training Services are not provided to a standard satisfactory to the Department;
e) there has been any fraud, fraud or the Department reasonably suspects any fraud, suspected fraud relating to the Training Provider RTO or the Funds, or there has been any misappropriation of Funds by the Training Provider RTO or there has otherwise been any other misleading or deceptive conduct on the part of the Training Provider RTO in connection with this VET Funding Contract or the claiming, receipt provision or use of the Funds;
f) an Insolvency Event occurs in relation to the Training Provider’s registration RTO;
g) at any time, the ultimate holding company of the RTO (as defined in Section 9 of the Corporations Act 2001 (Cth)), as at the date of this VET Funding Contract ceases to be the ultimate holding company of the RTO; or if there is a registered training organisation under change which the Act Department (acting reasonably) considers material in the ownership of the RTO;
h) the RTO has made, or the National Act Department reasonably suspects that the RTO has made any false or misleading representation to the Department in connection with this VET Funding Contract (whether by act or omission, and whether before or after the Commencement Date);
i) the registration of the RTO under applicable legislation is suspended, withdrawn, cancelled or otherwise ceases;.
g17.4. The RTO must promptly notify the Department if the RTO becomes subject to an Insolvency Event or if any event occurs that may be covered by Clauses 17.3.g) an Other or 17.3.i).
17.5. If the Department terminates this VET Funding Arrangement Termination Contract other than under Clause 17.1, or under Clause 17.3(f)) from the date of an Insolvency Event occurs;occurring as envisaged under (c) to (j) of the definition of an Insolvency Event, or Clause 17.3 (i) from the date of suspension or cancellation, the Department may require the RTO to refund such amount of the Funds previously paid by the Department as the Department reasonably deems appropriate (together with interest calculated daily at the rate prescribed under the Penalty Interest Rates Act 1983 (Vic) for the period between the Department demanding the refund and the RTO refunding the Funds).
Appears in 3 contracts
Sources: Vet Funding Contract, Vet Funding Contract, Vet Funding Contract
Termination Rights. 17.1 In addition to any other termination rights it hashas to terminate this VET Funding Contract, the Department may terminate this VET Funding Contract at any time by issuing a Notice to giving the Training Provider. Such a termination will take effect Provider 20 Business Days after written notice of termination. In the Notice takes effect under Clause 14.2, or at any later time specified in the Notice.
17.2 If event that the Department terminates this VET Funding Contract under in accordance with this Clause 17.118.1, it the Department will determine and pay:
a) : amounts that, in its the reasonable opinionopinion of the Department, are due and payable under Clause 8 of this VET Funding Contract as at the date of termination; and
b) and reasonable costs (but not including loss of profit or income) that, in its the reasonable opinionopinion of the Department, have been necessarily and directly incurred by the Training Provider as a result of the termination, provided that the Training Provider has, to the reasonable satisfaction of the Department:
i) : used its best efforts to minimise any costs arising as a result of the termination; and
ii) and provided adequate documentary evidence to substantiate those costs.
17.3 . The Training Provider acknowledges and agrees that any amount paid by the Department will be finally determined by the Department. This VET Funding Contract may be terminated at any time by written agreement between the Parties.
17.4 . The Department may terminate this VET Funding Contract immediately by issuing a Notice written notice to the Training Provider if:
a) : the Training Provider commits a Material Breach;
b) Breach of this VET Funding Contract; the Training Provider commits a breach of this VET Funding Contract (whether or not it the breach is a Material Breach) which cannot be remedied;
c) ; the Training Provider commits a breach of this VET Funding Contract (whether or not it the breach is a Material Breach) and it:
i) the Training Provider: fails to commence action to remedy the breach within 10 Business Days after the Department has served a Notice notice requiring it to do so; or
ii) or having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the Department's Notice;
d) notice; without limiting paragraphs Clauses 18.3(a), (ab) to or (c), the Training Provider fails to provide some or all of the Training Services for which Funds have been claimed and/or paid or any such if the Training Services are not provided to a standard satisfactory to the Department;
e) ; there has been any fraud, fraud or the Department reasonably suspects any fraud, suspected fraud relating to the Training Provider or the Funds, or there has been any misappropriation of Funds by the Training Provider or there has otherwise been any other misleading or deceptive conduct on the part of the Training Provider in connection with this VET Funding Contract or the claiming, receipt or use of the Funds;
f) ; the registration of the Training Provider’s registration as a registered training organisation Provider under the Act or the National Act applicable legislation is suspended, withdrawn, cancelled or otherwise ceases;
g) ; an Other VET Funding Arrangement Termination Event occurs;; and/or an Other VET Funding Arrangement Termination Event occurs to another registered training organisation that is a member of the Training Provider Group; and/or the Training Provider is abolished or will otherwise cease to exist pursuant to its governing legislation.
Appears in 2 contracts
Sources: Vet Funding Contract, Vet Funding Contract
Termination Rights. 17.1 In addition to any other termination rights it has, the Department may terminate this Contract at any time by issuing a Notice to the Training Provider. Such a termination will take effect 20 Business Days after the Notice takes effect under Clause 14.2, or at any later time specified in the Notice.
17.2 . If the Department terminates this Contract under Clause 17.1, it will determine and pay:
a) : amounts that, in its reasonable opinion, are due and payable under Clause 8 as at the date of termination; and
b) and reasonable costs (but not including loss of profit or income) that, in its reasonable opinion, have been necessarily and directly incurred by the Training Provider as a result of the termination, provided that the Training Provider has, to the reasonable satisfaction of the Department:
i) : used its best efforts to minimise any costs arising as a result of the termination; and
ii) and provided adequate documentary evidence to substantiate those costs.
17.3 . This Contract may be terminated at any time by written agreement between the Parties.
17.4 . The Department may terminate this Contract immediately by issuing a Notice to the Training Provider if:
a) : the Training Provider commits a Material Breach;
b) ; the Training Provider commits a breach of this Contract (whether or not it is a Material Breach) which cannot be remedied;
c) ; the Training Provider commits a breach of this Contract (whether or not it is a Material Breach) and it:
i) : fails to commence action to remedy the breach within 10 Business Days after the Department has served a Notice requiring it to do so; or
ii) or having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the Department's Notice;
d) ; without limiting paragraphs Clauses 17.4(a), (a) to b or (c), the Training Provider fails to provide some or all of the Training Services for which Funds have been claimed and/or paid or any such Training Services are not provided to a standard satisfactory to the Department;
e) ; there has been any fraud, or the Department reasonably suspects any fraud, relating to the Training Provider or the Funds, or there has been any misappropriation of Funds by the Training Provider or any other misleading or deceptive conduct on the part of the Training Provider in connection with this Contract or the claiming, receipt or use of the Funds;
f) ; an Insolvency Event occurs (provided that termination on this ground is subject to any applicable statutory stay on the exercise of rights, including sections 415D, 434J and 451E of the Corporations Act, as the case may be); the Training Provider undergoes a Change in Control that has not been approved by the Department under Clause 7.4; the Training Provider undergoes an event referred to in Clause 7.8; the Training Provider has made, or the Department reasonably suspects that the Training Provider has made, any false or misleading representation to the Department in connection with this Contract (whether by act or omission, and whether before or after the Commencement Date); the Training Provider’s registration as a registered training organisation under the Act or the National Act is suspended, withdrawn, cancelled or otherwise ceases;
g; the Department terminates any other contract with the Training Provider regarding government-subsidised training under any provision of that contract other than on a ground equivalent to a ground set out in one of Clauses 17.1, 17.4(f), 17.4(g), 17.4(h) and 17.4(j); the Department terminates any contract with a Related Training Provider regarding government-subsidised training under any provision of that contract other than on a ground equivalent to a ground set out in one of Clauses 17.1, 17.4(f), 17.4(g), 17.4(h) and 17.4(j); an Other VET Funding Arrangement Termination Event occurs;; and/or an Other VET Funding Arrangement Termination Event occurs to another registered training organisation that is a member of the Training Provider Group.
Appears in 2 contracts
Sources: Vet Funding Contract, Vet Funding Contract
Termination Rights. 17.1 In addition to any other termination rights it haswe have, the Department we may terminate this Contract at any time by issuing a Notice to the Training Provideryou. Such a termination will take effect 20 Business Days after the Notice takes effect under Clause 14.2, or at any later time specified in the Notice.
17.2 If the Department terminates we terminate this Contract under Clause 17.1, it we will determine and pay:
a) amounts that, in its our reasonable opinion, are due and payable under Clause 8 as at the date of termination; and
b) reasonable costs (but not including loss of profit or income) that, in its our reasonable opinion, have been necessarily and directly incurred by the Training Provider you as a result of the termination, provided that the Training Provider hasyou have, to the our reasonable satisfaction of the Departmentsatisfaction:
i) used its your best efforts to minimise any costs arising as a result of the termination; and
ii) provided adequate documentary evidence to substantiate those costs.
17.3 This Contract may be terminated at any time by written agreement between the Partiesyou and us.
17.4 The Department We may terminate this Contract immediately by issuing a Notice to the Training Provider ifyou if :
a) the Training Provider commits you commit a Material Breach;
b) the Training Provider commits you commit a breach of this Contract (whether or not it is a Material Breach) which cannot be remedied;
c) the Training Provider commits you commit a breach of this Contract (whether or not it is a Material Breach) and ityou:
i) fails fail to commence action to remedy the breach within 10 Business Days after the Department has we have served a Notice requiring it you to do so; or
or ii) having commenced action to remedy the breach, fails fail to complete that action as soon as possible and in any event within 20 Business Days of the Department's our Notice;
d) without limiting paragraphs (a) to (c), the Training Provider fails you fail to provide some or all of the Training Services for which Funds have been claimed and/or paid or any such Training Services are not provided to a standard satisfactory to the Departmentus;
e) there has been any fraudf raud, or the Department we reasonably suspects suspect any fraudf raud, relating to the Training Provider you or the Funds, or there has been any misappropriation of Funds by the Training Provider you or any other misleading or deceptive conduct on the your part of the Training Provider in connection with this Contract or the claiming, receipt or use of the Funds;
f) the Training Provider’s your registration as a registered training organisation under the Act or the National Act is suspended, withdrawn, cancelled or otherwise ceases;
g) an Other VET Funding Arrangement Termination Event occurs;
Appears in 2 contracts
Sources: Vet Funding Contract, Vet Funding Contract
Termination Rights. 17.1 17.1. In addition to any other termination rights it hashas to terminate this VET Funding Contract, the Department may in its sole and absolute discretion terminate this VET Funding Contract at any time by issuing a Notice to giving the Training Provider. Such a termination will take effect RTO 20 Business Days after written notice of termination. In the Notice takes effect under Clause 14.2, or at any later time specified in the Notice.
17.2 If event that the Department terminates this VET Funding Contract under in accordance with this Clause 17.1, it subject to Clauses 7.3, 16 and 17.5, the Department will determine and pay:
a) amounts that, in its the reasonable opinionopinion of the Department, are due and payable under Clause 8 7 of this VET Funding Contract as at the date of termination; and
b) reasonable costs (but not including loss of profit or income) that, in its the reasonable opinionopinion of the Department, have been necessarily and directly incurred by the Training Provider RTO as a result of the termination, provided that the Training Provider RTO has, to the reasonable satisfaction of the Department:
i) used its best efforts to minimise any costs arising as a result of the termination; and
ii) provided adequate documentary evidence to substantiate those costs. The RTO acknowledges and agrees that any amount paid by the Department will be finally determined by the Department.
17.3 17.2. This VET Funding Contract may be terminated at any time by written agreement between the Parties.
17.4 17.3. The Department may terminate this VET Funding Contract immediately by issuing a Notice written notice to the Training Provider RTO if:
a) the Training Provider RTO commits a Material BreachBreach of this VET Funding Contract;
b) the Training Provider RTO commits a breach of this VET Funding Contract (whether or not it is a Material Breach) which cannot be remedied;
c) the Training Provider RTO commits a breach of this VET Funding Contract (whether or not it is a Material Breach) and itthe RTO:
i) fails to commence action to remedy the breach within 10 Business Days after the Department has served a Notice notice requiring it to do so; or
ii) having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the Department's Noticenotice;
d) without limiting paragraphs (Clauses 17.3 a), b) to (or c), the Training Provider RTO fails to provide some or all of the Training Services for which Funds have been claimed and/or paid or any such if the Training Services are not provided to a standard satisfactory to the Department;
e) there has been any fraud, fraud or the Department reasonably suspects any fraud, suspected fraud relating to the Training Provider RTO or the Funds, or there has been any misappropriation of Funds by the Training Provider RTO or there has otherwise been any other misleading or deceptive conduct on the part of the Training Provider RTO in connection with this VET Funding Contract or the claiming, receipt provision or use of the Funds;
f) an Insolvency Event occurs in relation to the Training Provider’s registration RTO;
g) at any time, the ultimate holding company of the RTO (as defined in Section 9 of the Corporations Act 2001 (Cth)), as at the date of this VET Funding Contract ceases to be the ultimate holding company of the RTO; or if there is a registered training organisation under change which the Act Department (acting reasonably) considers material in the ownership of the RTO;
h) the RTO has made, or the National Act Department reasonably suspects that the RTO has made any false or misleading representation to the Department in connection with this VET Funding Contract (whether by act or omission, and whether before or after the Commencement Date); and/or
i) the registration of the RTO under applicable legislation is suspended, withdrawn, cancelled or otherwise ceases;.
g17.4. The RTO must promptly notify the Department if the RTO becomes subject to an Insolvency Event or if any event occurs that may be covered by Clauses 17.3.g) an Other or 17.3.i).
17.5. If the Department terminates this VET Funding Arrangement Termination Contract other than under Clause 17.1, or under Clause 17.3(f)) from the date of an Insolvency Event occurs;occurring as envisaged under (c) to (j) of the definition of an Insolvency Event, or Clause 17.3 (i) from the date of suspension or cancellation, the Department may require the RTO to refund such amount of the Funds previously paid by the Department as the Department reasonably deems appropriate (together with interest calculated daily at the rate prescribed under the Penalty Interest Rates Act 1983 (Vic) for the period between the Department demanding the refund and the RTO refunding the Funds).
Appears in 2 contracts
Sources: Vet Funding Contract, Vet Funding Contract
Termination Rights. 17.1 In ▇▇.▇. ▇▇ addition to any other termination rights it hashas to terminate this Agreement, the Department Commission may in its sole and absolute discretion terminate this Contract Agreement at any time by issuing a Notice to giving the Training Provider. Such a termination will take effect RTO 20 Business Days after the Notice takes effect under Clause 14.2, or at any later time specified in the Noticenotice of termination.
17.2 If the Department terminates this Contract under Clause 17.1, it will determine and pay:
a) amounts that, in its reasonable opinion, are due and payable under Clause 8 as at the date of termination; and
b) reasonable costs (but not including loss of profit or income) that, in its reasonable opinion, have been necessarily and directly incurred by the Training Provider as a result of the termination, provided that the Training Provider has, to the reasonable satisfaction of the Department:
i) used its best efforts to minimise any costs arising as a result of the termination; and
ii) provided adequate documentary evidence to substantiate those costs.
17.3 17.2. This Contract Agreement may be terminated at any time by written agreement between the Parties.
17.4 17.3. The Department Commission may terminate this Contract Agreement immediately by issuing a Notice notice to the Training Provider RTO if:
a) the Training Provider RTO commits a Material BreachBreach of this Agreement;
b) the Training Provider RTO commits a breach of this Contract (whether or not it is a Material Breach) Agreement which cannot be remedied;
c) the Training Provider RTO commits a breach of this Contract (whether or not it is a Material Breach) Agreement and itthe RTO:
i) i. fails to commence action to remedy the breach within 10 Business Days after the Department Commission has served a Notice notice requiring it to do so; or
ii) . having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the DepartmentCommission's Noticenotice;
d) without limiting paragraphs (clauses 17.3 a) to (c), b or c, the Training Provider RTO fails to provide some or all of the Training Services for which Funds have been claimed and/or paid or any such if the Training Services are not provided to a standard satisfactory to the DepartmentCommission;
e) there has been any fraud, fraud or the Department reasonably suspects any fraud, suspected fraud relating to the Training Provider RTO or the Funds, or there has been any misappropriation of Funds by the Training Provider RTO or there has otherwise been any other misleading or deceptive conduct on the part of the Training Provider RTO in connection with this Contract Agreement or the claiming, receipt provision or use of the Funds;
f) an Insolvency Event occurs in relation to the Training Provider’s registration as a registered training organisation under the Act or the National Act is suspended, withdrawn, cancelled or otherwise ceasesRTO;
g) at any time, the ultimate holding company of the RTO (as defined in clause 9 of the Corporations Act 2001 (Cth)), as at the date of this Agreement ceases to be the ultimate holding company of the RTO; or if there is a change which the Commission (acting reasonably) considers material in the ownership of the RTO;
h) the Commission reasonably believes that the RTO has made any false or misleading statement to the Commission in connection with this Agreement (whether before the Commencement Date or during the Term);
i) the registration of the RTO under applicable legislation is suspended or cancelled.
17.4. The RTO must promptly notify the Commission if the RTO becomes subject to an Other VET Funding Arrangement Insolvency Event or if any event occurs that may be covered by clauses 17.3.g or 17.3.i).
17.5. Termination of this Agreement does not affect any accrued rights of either Party. Termination of this Agreement does not affect any provisions which are stated, or by their context required, to survive termination or expiry, including clauses 1, 5.3.f), 7.3, 7.6, 9, 10, 11.1, 12, 13, and 14.
17.6. If the Commission terminates this Agreement other than under clause 17.1, or under clause 17.3 f) from the date of an Insolvency Event occurs;occurring as envisaged under c) to j) of the definition of an Insolvency Event, or clause 17.3 i) from the date of suspension or cancellation, the Commission may require the RTO to refund such amount of the Funds previously paid by the Commission as the Commission reasonably deems appropriate (together with interest calculated daily at the rate prescribed under the Penalty Interest Rates Act 1983 (Vic) for the period between the Commission demanding the refund and the RTO refunding the Funds).
17.7. This page was intentionally left blank.
Appears in 2 contracts
Sources: Service Agreement, Service Agreement
Termination Rights. 17.1 In addition to any other termination rights it hashas to terminate this VET Funding Contract, the Department may terminate this VET Funding Contract at any time by issuing a Notice to giving the Training Provider. Such a termination will take effect Provider 20 Business Days after written notice of termination. In the Notice takes effect under Clause 14.2, or at any later time specified in the Notice.
17.2 If event that the Department terminates this VET Funding Contract under in accordance with this Clause 17.118.1, it the Department will determine and pay:
a) : amounts that, in its the reasonable opinionopinion of the Department, are due and payable under Clause 8 of this VET Funding Contract as at the date of termination; and
b) and reasonable costs (but not including loss of profit or income) that, in its the reasonable opinionopinion of the Department, have been necessarily and directly incurred by the Training Provider as a result of the termination, provided that the Training Provider has, to the reasonable satisfaction of the Department:
i) : used its best efforts to minimise any costs arising as a result of the termination; and
ii) and provided adequate documentary evidence to substantiate those costs.
17.3 . The Training Provider acknowledges and agrees that any amount paid by the Department will be finally determined by the Department. This VET Funding Contract may be terminated at any time by written agreement between the Parties.
17.4 . The Department may terminate this VET Funding Contract immediately by issuing a Notice written notice to the Training Provider if:
a) : the Training Provider commits a Material Breach;
b) Breach of this VET Funding Contract; the Training Provider commits a breach of this VET Funding Contract (whether or not it the breach is a Material Breach) which cannot be remedied;
c) ; the Training Provider commits a breach of this VET Funding Contract (whether or not it the breach is a Material Breach) and it:
i) the Training Provider: fails to commence action to remedy the breach within 10 Business Days after the Department has served a Notice notice requiring it to do so; or
ii) or having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the Department's Notice;
d) notice; without limiting paragraphs Clauses 18.3(a), (ab) to or (c), the Training Provider fails to provide some or all of the Training Services for which Funds have been claimed and/or paid or any such if the Training Services are not provided to a standard satisfactory to the Department;
e) ; there has been any fraud, fraud or the Department reasonably suspects any fraud, suspected fraud relating to the Training Provider or the Funds, or there has been any misappropriation of Funds by the Training Provider or there has otherwise been any other misleading or deceptive conduct on the part of the Training Provider in connection with this VET Funding Contract or the claiming, receipt or use of the Funds;
f) ; the registration of the Training Provider’s registration as a registered training organisation Provider under the Act or the National Act applicable legislation is suspended, withdrawn, cancelled or otherwise ceases;
g) ; an Other VET Funding Arrangement Termination Event occurs;; and/or an Other VET Funding Arrangement Termination Event occurs to another registered training organisation that is a member of the Training Provider Group; the Training Provider is abolished under section 3.1.11(1)(b) of the Act; the Board/Council of the Training Provider is abolished under section 3.1.12(1)(b) of the Act; and/or an administrator is appointed to the Training Provider under section 3.1.21 of the Act.
Appears in 2 contracts
Sources: Vet Funding Contract, Vet Funding Contract
Termination Rights. 17.1 In addition to any other termination rights it hashas to terminate this Agreement, the Department Commission may in its sole and absolute discretion terminate this Contract Agreement at any time by issuing a Notice to giving the Training Provider. Such a termination will take effect RTO 20 Business Days after the Notice takes effect under Clause 14.2, or at any later time specified in the Notice.
17.2 If the Department terminates this Contract under Clause 17.1, it will determine and pay:
a) amounts that, in its reasonable opinion, are due and payable under Clause 8 as at the date written notice of termination; and
b) reasonable costs (but not including loss of profit or income) that, in its reasonable opinion, have been necessarily and directly incurred by the Training Provider as a result of the termination, provided that the Training Provider has, to the reasonable satisfaction of the Department:
i) used its best efforts to minimise any costs arising as a result of the termination; and
ii) provided adequate documentary evidence to substantiate those costs.
17.3 . This Contract Agreement may be terminated at any time by written agreement between the Parties.
17.4 . The Department Commission may terminate this Contract Agreement immediately by issuing a Notice written notice to the Training Provider RTO if:
a) : the Training Provider RTO commits a Material Breach;
b) Breach of this Agreement; the Training Provider RTO commits a breach of this Contract (whether or not it is a Material Breach) Agreement which cannot be remedied;
c) ; the Training Provider RTO commits a breach of this Contract (whether or not it is a Material Breach) Agreement and it:
i) the RTO: fails to commence action to remedy the breach within 10 Business Days after the Department Commission has served a Notice notice requiring it to do so; or
ii) or having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the DepartmentCommission's Notice;
d) notice; without limiting paragraphs (Clauses 18.3 a) to (c), b or c, the Training Provider RTO fails to provide some or all of the Training Services for which Funds have been claimed and/or paid or any such if the Training Services are not provided to a standard satisfactory to the Department;
e) Commission; there has been any fraud, fraud or the Department reasonably suspects any fraud, suspected fraud relating to the Training Provider RTO or the Funds, or there has been any misappropriation of Funds by the Training Provider RTO or there has otherwise been any other misleading or deceptive conduct on the part of the Training Provider RTO in connection with this Contract Agreement or the claiming, receipt provision or use of the Funds;
f) ; the Training Provider’s registration as a registered training organisation of the RTO under the Act or the National Act applicable legislation is suspended, withdrawn, cancelled or otherwise ceases;
; the Institute is abolished under section 3.1.11(1)(b) of the Act; the Board/Council is abolished under section 3.1.12(1(b) of the Act; or an administrator is appointed under section 3.1.21 of the Act. The RTO must promptly notify the Commission if any event occurs that may be covered by Clauses 18.3.f) to 18.3.i). Termination of this Agreement does not affect any accrued rights of either Party. Termination of this Agreement does not affect any provisions which are stated, or by their context required, to survive termination or expiry, including Clauses 1, 5.10, 7.3, 7.5, 8.3, 9, 10, 11, 13, 14, 15, and 17. If the Commission terminates this Agreement other than under Clause 18.1, or under Clause 18.3 f) from the date of suspension or cancellation, or under Clause 17.3 g) an Other VET Funding Arrangement Termination Event occurs;to i) from the date of the event, the Commission may require the RTO to refund such amount of the Funds previously paid by the Commission as the Commission reasonably deems appropriate (together with interest calculated daily at the rate prescribed under the Penalty Interest Rates Act 1983 (Vic) for the period between the Commission demanding the refund and the RTO refunding the Funds). EXECUTION OF 2013 TAFE PERFORMANCE AGREEMENT Signed under delegation from the Commission on the __day of ______2012. Commission Delegate Signature: Commission Delegate Name: Commission Delegate Title: Witness Signature: Witness Name: Signed under delegation from the Board/Council on the __day of ____2012. Board/Council Delegate Signature: Board/Council Delegate Name: Board/Council Delegate Title: Witness Signature: Witness Name: Victorian Training Guarantee Program Specifications 2013 Version 1.0 October 2012 Draft Agreement
Appears in 2 contracts
Sources: Service Agreement, Service Agreement
Termination Rights. 17.1 In addition to any other termination rights it has, the Department may terminate this Contract at any time by issuing a Notice to the Training Provider. Such a termination will take effect 20 Business Days after the Notice takes effect under Clause 14.2, or at any later time specified in the Notice.
17.2 . If the Department terminates this Contract under Clause 17.1, it will determine and pay:
a) : amounts that, in its reasonable opinion, are due and payable under Clause 8 as at the date of termination; and
b) and reasonable costs (but not including loss of profit or income) that, in its reasonable opinion, have been necessarily and directly incurred by the Training Provider as a result of the termination, provided that the Training Provider has, to the reasonable satisfaction of the Department:
i) : used its best efforts to minimise any costs arising as a result of the termination; and
ii) and provided adequate documentary evidence to substantiate those costs.
17.3 . This Contract may be terminated at any time by written agreement between the Parties.
17.4 . The Department may terminate this Contract immediately by issuing a Notice to the Training Provider if:
a) : the Training Provider commits a Material Breach;
b) ; the Training Provider commits a breach of this Contract (whether or not it is a Material Breach) which cannot be remedied;
c) ; the Training Provider commits a breach of this Contract (whether or not it is a Material Breach) and it:
i) : fails to commence action to remedy the breach within 10 Business Days after the Department has served a Notice requiring it to do so; or
ii) or having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the Department's Notice;
d) ; without limiting paragraphs Clauses 17.4(a), (a) to b or (c), the Training Provider fails to provide some or all of the Training Services for which Funds have been claimed and/or paid or any such Training Services are not provided to a standard satisfactory to the Department;
e) ; there has been any fraud, or the Department reasonably suspects any fraud, relating to the Training Provider or the Funds, or there has been any misappropriation of Funds by the Training Provider or any other misleading or deceptive conduct on the part of the Training Provider in connection with this Contract or the claiming, receipt or use of the Funds;
f) ; the Training Provider’s registration as a registered training organisation under the Act or the National Act is suspended, withdrawn, cancelled or otherwise ceases;
g) ; an Other VET Funding Arrangement Termination Event occurs;
Appears in 2 contracts
Sources: Vet Funding Contract, Vet Funding Contract
Termination Rights. 17.1 In addition to any other termination rights it haswe have, the Department we may terminate this Contract at any time by issuing a Notice to the Training Provideryou. Such a termination will take effect 20 Business Days after the Notice takes effect under Clause 14.2, or at any later time specified in the Notice.
17.2 If the Department terminates we terminate this Contract under Clause 17.1, it we will determine and pay:
a) amounts that, in its our reasonable opinion, are due and payable under Clause 8 as at the date of termination; and
b) reasonable costs (but not including loss of profit or income) that, in its our reasonable opinion, have been necessarily and directly incurred by the Training Provider you as a result of the termination, provided that the Training Provider hasyou have, to the our reasonable satisfaction of the Departmentsatisfaction:
i) used its your best efforts to minimise any costs arising as a result of the termination; and
ii) provided adequate documentary evidence to substantiate those costscosts .
17.3 This Contract may be terminated at any time by written agreement between the Partiesyou and us.
17.4 The Department We may terminate this Contract immediately by issuing a Notice to the Training Provider ifyou if :
a) the Training Provider commits you commit a Material Breach;
b) the Training Provider commits you commit a breach of this Contract (whether or not it is a Material Breach) which cannot be remedied;
c) the Training Provider commits you commit a breach of this Contract (whether or not it is a Material Breach) and ityou:
i) fails fail to commence action to remedy the breach within 10 Business Days after the Department has we have served a Notice requiring it you to do so; or
or ii) having commenced action to remedy the breach, fails fail to complete that action as soon as possible and in any event within 20 Business Days of the Department's our Notice;
d) without limiting paragraphs (a) to (c), the Training Provider fails you fail to provide some or all of the Training Services for which Funds have been claimed and/or paid or any such Training Services are not provided to a standard satisfactory to the Departmentus;
e) there has been any fraudf raud, or the Department we reasonably suspects suspect any fraudf raud, relating to the Training Provider you or the Funds, or there has been any misappropriation of Funds by the Training Provider you or any other misleading or deceptive conduct on the your part of the Training Provider in connection with this Contract or the claiming, receipt or use of the Funds;
f) an Insolvency Event occurs (provided that termination on this ground is subject to any applicable statutory stay on the Training Provider’s exercise of rights, including sections 415D, 434J and 451E of the Corporations Act, as the case may be);
g) we have notified you that we object to a proposed Change in Control or a Change in Control under Clause 7.4 and, in the case of a proposed Change in Control, you undergo (or have undergone) that Change in Control;
h) you undergo an event referred to in Clause 7.8;
i) you have made, or we reasonably suspect that you have made, any false or misleading representation to us in connection with this Contract (whether by act or omission, and whether before or after the Commencement Date);
j) your registration as a registered training organisation under the Act or the National Act is suspended, withdrawn, cancelled or otherwise ceases;
gk) an Other VET Funding Arrangement Termination Event occurswe terminate any other contract with you regarding government-subsidised training under any provision of that contract other than on a ground equivalent to a ground set out in one of Clauses 17.1, 17.4(f ), 17.4(g), 17.4(h) and 17.4(j);
l) we terminate any contract with a Related Training Provider regarding government- subsidised training under any provision of that contract other than on a ground equivalent to a ground set out in one of Clauses 17.1, 17.4(f ), 17.4(g), 17.4(h) and 17.4(j);
Appears in 2 contracts
Sources: Vet Funding Contract, Vet Funding Contract
Termination Rights. 17.1 In addition to any other termination rights it haswe have, the Department we may terminate this Contract at any time by issuing a Notice to the Training Provideryou. Such a termination will take effect 20 Business Days after the Notice takes effect under Clause 14.2, or at any later time specified in the Notice.
17.2 If the Department terminates we terminate this Contract under Clause 17.1, it we will determine and pay:
a) amounts that, in its our reasonable opinion, are due and payable under Clause 8 as at the date of termination; and
b) reasonable costs (but not including loss of profit or income) that, in its our reasonable opinion, have been necessarily and directly incurred by the Training Provider you as a result of the termination, provided that the Training Provider hasyou have, to the our reasonable satisfaction of the Departmentsatisfaction:
i) used its your best efforts to minimise any costs arising as a result of the termination; and
ii) provided adequate documentary evidence to substantiate those costs.
17.3 This Contract may be terminated at any time by written agreement between the Partiesyou and us.
17.4 The Department We may terminate this Contract immediately by issuing a Notice to the Training Provider you if:
a) the Training Provider commits you commit a Material Breach;
b) the Training Provider commits you commit a breach of this Contract (whether or not it is a Material Breach) which cannot be remedied;
c) the Training Provider commits you commit a breach of this Contract (whether or not it is a Material Breach) and ityou:
i) fails fail to commence action to remedy the breach within 10 Business Days after the Department has we have served a Notice requiring it you to do so; or
or ii) having commenced action to remedy the breach, fails fail to complete that action as soon as possible and in any event within 20 Business Days of the Department's our Notice;
d) without limiting paragraphs (a) to (c), the Training Provider fails you fail to provide some or all of the Training Services for which Funds have been claimed and/or paid or any such Training Services are not provided to a standard satisfactory to the Departmentus;
e) there has been any fraud, or the Department we reasonably suspects suspect any fraud, relating to the Training Provider you or the Funds, or there has been any misappropriation of Funds by the Training Provider you or any other misleading or deceptive conduct on the your part of the Training Provider in connection with this Contract or the claiming, receipt or use of the Funds;
f) an Insolvency Event occurs (provided that termination on this ground is subject to any applicable statutory stay on the Training Provider’s registration exercise of rights, including sections 415D, 434J and 451E of the Corporations Act, as a registered training organisation under the Act or the National Act is suspended, withdrawn, cancelled or otherwise ceasescase may be);
g) we have notified you that we object to a proposed Change in Control or a Change in Control under Clause 7.4 and, in the case of a proposed Change in Control, you undergo (or have undergone) that Change in Control;
h) you undergo an Other VET Funding Arrangement Termination Event occursevent referred to in Clause 7.8; i) you have made, or we reasonably suspect that you have made, any false or misleading representation to us in connection with this Contract (whether by act or omission, and whether before or after the Commencement Date);
Appears in 2 contracts
Sources: Standard Vet Funding Contract, Vet Funding Contract
Termination Rights. 17.1 In addition to any other termination rights it hashas to terminate this VET Funding Contract, the Department may terminate this VET Funding Contract at any time by issuing a Notice to giving the Training Provider. Such a termination will take effect Provider 20 Business Days after written notice of termination. In the Notice takes effect under Clause 14.2, or at any later time specified in the Notice.
17.2 If event that the Department terminates this VET Funding Contract under in accordance with this Clause 17.118.1, it the Department will determine and pay:
a) : amounts that, in its the reasonable opinionopinion of the Department, are due and payable under Clause 8 of this VET Funding Contract as at the date of termination; and
b) and reasonable costs (but not including loss of profit or income) that, in its the reasonable opinionopinion of the Department, have been necessarily and directly incurred by the Training Provider as a result of the termination, provided that the Training Provider has, to the reasonable satisfaction of the Department:
i) : used its best efforts to minimise any costs arising as a result of the termination; and
ii) and provided adequate documentary evidence to substantiate those costs.
17.3 . The Training Provider acknowledges and agrees that any amount paid by the Department will be finally determined by the Department. This VET Funding Contract may be terminated at any time by written agreement between the Parties.
17.4 . The Department may terminate this VET Funding Contract immediately by issuing a Notice written notice to the Training Provider if:
a) : the Training Provider commits a Material Breach;
b) Breach of this VET Funding Contract; the Training Provider commits a breach of this VET Funding Contract (whether or not it the breach is a Material Breach) which cannot be remedied;
c) ; the Training Provider commits a breach of this VET Funding Contract (whether or not it the breach is a Material Breach) and it:
i) the Training Provider: fails to commence action to remedy the breach within 10 Business Days after the Department has served a Notice notice requiring it to do so; or
ii) or having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the Department's Notice;
d) notice; without limiting paragraphs Clauses 18.3(a), (ab) to or (c), the Training Provider fails to provide some or all of the Training Services for which Funds have been claimed and/or paid or any such if the Training Services are not provided to a standard satisfactory to the Department;
e) ; there has been any fraud, fraud or the Department reasonably suspects any fraud, suspected fraud relating to the Training Provider or the Funds, or there has been any misappropriation of Funds by the Training Provider or there has otherwise been any other misleading or deceptive conduct on the part of the Training Provider in connection with this VET Funding Contract or the claiming, receipt or use of the Funds;
f) ; an Insolvency Event occurs in relation to the Training Provider’s registration as ; the Training Provider undergoes a registered training organisation Change in Control that has not been approved by the Department under Clause 7.6; the Act Training Provider undergoes an event referred to in Clause 7.11; the Training Provider has made, or the National Act Department reasonably suspects that the Training Provider has made any false or misleading representation to the Department in connection with this VET Funding Contract (whether by act or omission, and whether before or after the Commencement Date) or has otherwise breached any warranty in Clause 14.1; the registration of the Training Provider under applicable legislation is suspended, withdrawn, cancelled or otherwise ceases; the Department terminates any other contract with the Training Provider regarding government subsidised training pursuant to any provision of that contract other than on a ground equivalent to a ground set out in one of Clauses 18.1, 18.3(f), 18.3(g), 18.3(h) and 18.3(j); the Department terminates any contract with a Related Training Provider regarding government subsidised training pursuant to any provision of that contract other than on a ground equivalent to a ground set out in one of Clauses 18.1, 18.3(f), 18.3(g), 18.3(h) and 18.3(j);
g) an Other VET Funding Arrangement Termination Event occurs;
Appears in 2 contracts
Sources: Vet Funding Contract, Vet Funding Contract
Termination Rights. 17.1 In addition to any other termination rights it hashas to terminate this Agreement, the Department Commission may in its sole and absolute discretion terminate this Contract Agreement at any time by issuing a Notice to giving the Training Provider. Such a termination will take effect RTO 20 Business Days after the Notice takes effect under Clause 14.2, or at any later time specified in the Notice.
17.2 If the Department terminates this Contract under Clause 17.1, it will determine and pay:
a) amounts that, in its reasonable opinion, are due and payable under Clause 8 as at the date written notice of termination; and
b) reasonable costs (but not including loss of profit or income) that, in its reasonable opinion, have been necessarily and directly incurred by the Training Provider as a result of the termination, provided that the Training Provider has, to the reasonable satisfaction of the Department:
i) used its best efforts to minimise any costs arising as a result of the termination; and
ii) provided adequate documentary evidence to substantiate those costs.
17.3 . This Contract Agreement may be terminated at any time by written agreement between the Parties.
17.4 . The Department Commission may terminate this Contract Agreement immediately by issuing a Notice written notice to the Training Provider RTO if:
a) : the Training Provider RTO commits a Material Breach;
b) Breach of this Agreement; the Training Provider RTO commits a breach of this Contract (whether or not it is a Material Breach) Agreement which cannot be remedied;
c) ; the Training Provider RTO commits a breach of this Contract (whether or not it is a Material Breach) Agreement and it:
i) the RTO: fails to commence action to remedy the breach within 10 Business Days after the Department Commission has served a Notice notice requiring it to do so; or
ii) or having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the DepartmentCommission's Notice;
d) notice; without limiting paragraphs (Clauses 18.3 a) to (c), b or c, the Training Provider RTO fails to provide some or all of the Training Services for which Funds have been claimed and/or paid or any such if the Training Services are not provided to a standard satisfactory to the Department;
e) Commission; there has been any fraud, fraud or the Department reasonably suspects any fraud, suspected fraud relating to the Training Provider RTO or the Funds, or there has been any misappropriation of Funds by the Training Provider RTO or there has otherwise been any other misleading or deceptive conduct on the part of the Training Provider RTO in connection with this Contract Agreement or the claiming, receipt provision or use of the Funds;
f; an Insolvency Event occurs in relation to the RTO; at any time, the ultimate holding company of the RTO (as defined in Clause 9 of the Corporations Act 2001 (Cth)), as at the date of this Agreement ceases to be the ultimate holding company of the RTO; or if there is a change which the Commission (acting reasonably) considers material in the Training Provider’s registration as a registered training organisation under ownership of the Act RTO; the RTO has made, or the National Act Commission reasonably suspects that the RTO has made any false or misleading representation to the Commission in connection with this Agreement (whether by act or omission, and whether before or after the Commencement Date); the registration of the RTO under applicable legislation is suspended, withdrawn, cancelled or otherwise ceases;
g. The RTO must promptly notify the Commission if the RTO becomes subject to an Insolvency Event or if any event occurs that may be covered by Clauses 18.3.g or 18.3.i). Termination of this Agreement does not affect any accrued rights of either Party. Termination of this Agreement does not affect any provisions which are stated, or by their context required, to survive termination or expiry, including Clauses 1, 5.10, 7.3, 7.5, 8.3, 9, 10, 11, 13, 14, 15, and 17. If the Commission terminates this Agreement other than under Clause 18.1, or under Clause 18.3 f) from the date of an Other VET Funding Arrangement Termination Insolvency Event occurs;occurring as envisaged under c) to j) of the definition of an Insolvency Event, or Clause 18.3 i) from the date of suspension or cancellation, the Commission may require the RTO to refund such amount of the Funds previously paid by the Commission as the Commission reasonably deems appropriate (together with interest calculated daily at the rate prescribed under the Penalty Interest Rates Act 1983 (Vic) for the period between the Commission demanding the refund and the RTO refunding the Funds). Victorian Training Guarantee Program Specifications PURPOSE This Schedule 1 describes the program specifications and minimum performance standards for the Training Services funded through the 2013 Service Agreement (the Agreement) and must be read in conjunction with the Agreement.
Appears in 1 contract
Sources: Service Agreement
Termination Rights. 17.1 In addition to any other termination rights it haswe have, the Department we may terminate this Contract at any time by issuing a Notice to the Training Provideryou. Such a termination will take effect 20 Business Days after the Notice takes effect under Clause 14.2, or at any later time specified in the Notice.
17.2 If the Department terminates we terminate this Contract under Clause 17.1, it we will determine and pay:
a) amounts that, in its our reasonable opinion, are due and payable under Clause 8 as at the date of termination; and
b) reasonable costs (but not including loss of profit or income) that, in its our reasonable opinion, have been necessarily and directly incurred by the Training Provider you as a result of the termination, provided that the Training Provider hasyou have, to the our reasonable satisfaction of the Departmentsatisfaction:
i) used its your best efforts to minimise any costs arising as a result of the termination; and
ii) provided adequate documentary evidence to substantiate those costs.
17.3 This Contract may be terminated at any time by written agreement between the Partiesyou and us.
17.4 The Department We may terminate this Contract immediately by issuing a Notice to the Training Provider ifyou if :
a) the Training Provider commits you commit a Material Breach;
b) the Training Provider commits you commit a breach of this Contract (whether or not it is a Material Breach) which cannot be remedied;
c) the Training Provider commits you commit a breach of this Contract (whether or not it is a Material Breach) and ityou:
i) fails fail to commence action to remedy the breach within 10 Business Days after the Department has we have served a Notice requiring it you to do so; or
or ii) having commenced action to remedy the breach, fails fail to complete that action as soon as possible and in any event within 20 Business Days of the Department's our Notice;
d) without limiting paragraphs (a) to (c), the Training Provider fails you fail to provide some or all of the Training Services for which Funds have been claimed and/or paid or any such Training Services are not provided to a standard satisfactory to the Departmentus;
e) there has been any fraudf raud, or the Department we reasonably suspects suspect any fraudf raud, relating to the Training Provider you or the Funds, or there has been any misappropriation of Funds by the Training Provider you or any other misleading or deceptive conduct on the your part of the Training Provider in connection with this Contract or the claiming, receipt or use of the Funds;
f) an Insolvency Event occurs (provided that termination on this ground is subject to any applicable statutory stay on the Training Provider’s exercise of rights, including sections 415D, 434J and 451E of the Corporations Act, as the case may be);
g) we have notified you that we object to a proposed Change in Control or a Change in Control under Clause 7.4 and, in the case of a proposed Change in Control, you undergo (or have undergone) that Change in Control;
h) you undergo an event referred to in Clause 7.8;
i) you have made, or we reasonably suspect that you have made, any false or misleading representation to us in connection with this Contract (whether by act or omission, and whether before or after the Commencement Date);
j) your registration as a registered training organisation under the Act or the National Act is suspended, withdrawn, cancelled or otherwise ceases;
gk) an Other VET Funding Arrangement Termination Event occurswe terminate any other contract with you regarding government-subsidised training under any provision of that contract other than on a ground equivalent to a ground set out in one of Clauses 17.1, 17.4(f ), 17.4(g), 17.4(h) and 17.4(j);
l) we terminate any contract with a Related Training Provider regarding government- subsidised training under any provision of that contract other than on a ground equivalent to a ground set out in one of Clauses 17.1, 17.4(f ), 17.4(g), 17.4(h) and 17.4(j);
Appears in 1 contract
Sources: Vet Funding Contract
Termination Rights. 17.1 18.1. In addition to any other termination rights it hashas to terminate this VET Funding Contract, the Department may terminate this VET Funding Contract at any time by issuing a Notice to giving the Training Provider. Such a termination will take effect Provider 20 Business Days after written notice of termination. In the Notice takes effect under Clause 14.2, or at any later time specified in the Notice.
17.2 If event that the Department terminates this VET Funding Contract under in accordance with this Clause 17.118.1, it the Department will determine and pay:
a) amounts that, in its the reasonable opinionopinion of the Department, are due and payable under Clause 8 of this VET Funding Contract as at the date of termination; and
b) reasonable costs (but not including loss of profit or income) that, in its the reasonable opinionopinion of the Department, have been necessarily and directly incurred by the Training Provider as a result of the termination, provided that the Training Provider has, to the reasonable satisfaction of the Department:
i) used its best efforts to minimise any costs arising as a result of the termination; and
ii) provided adequate documentary evidence to substantiate those costs. The Training Provider acknowledges and agrees that any amount paid by the Department will be finally determined by the Department.
17.3 18.2. This VET Funding Contract may be terminated at any time by written agreement between the Parties.
17.4 18.3. The Department may terminate this VET Funding Contract immediately by issuing a Notice written notice to the Training Provider if:
a) the Training Provider commits a Material BreachBreach of this VET Funding Contract;
b) the Training Provider commits a breach of this VET Funding Contract (whether or not it the breach is a Material Breach) which cannot be remedied;
c) the Training Provider commits a breach of this VET Funding Contract (whether or not it the breach is a Material Breach) and itthe Training Provider:
i) fails to commence action to remedy the breach within 10 Business Days after the Department has served a Notice notice requiring it to do so; or
ii) having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the Department's Noticenotice;
d) without limiting paragraphs Clauses 18.3(a), (ab) to or (c), the Training Provider fails to provide some or all of the Training Services for which Funds have been claimed and/or paid or any such if the Training Services are not provided to a standard satisfactory to the Department;
e) there has been any fraud, fraud or the Department reasonably suspects any fraud, suspected fraud relating to the Training Provider or the Funds, or there has been any misappropriation of Funds by the Training Provider or there has otherwise been any other misleading or deceptive conduct on the part of the Training Provider in connection with this VET Funding Contract or the claiming, receipt or use of the Funds;
f) the registration of the Training Provider’s registration as a registered training organisation Provider under the Act or the National Act applicable legislation is suspended, withdrawn, cancelled or otherwise ceases;
g) an Other VET Funding Arrangement Termination Event occurs;
Appears in 1 contract
Sources: Vet Funding Contract
Termination Rights. 17.1 17.1. In addition to any other termination rights it hashas to terminate this Agreement, the Department Commission may in its sole and absolute discretion terminate this Contract Agreement at any time by issuing a Notice to giving the Training Provider. Such a termination will take effect 20 ▇▇▇ ▇▇ Business Days after the Notice takes effect under Clause 14.2, or at any later time specified in the Noticenotice of termination.
17.2 If the Department terminates this Contract under Clause 17.1, it will determine and pay:
a) amounts that, in its reasonable opinion, are due and payable under Clause 8 as at the date of termination; and
b) reasonable costs (but not including loss of profit or income) that, in its reasonable opinion, have been necessarily and directly incurred by the Training Provider as a result of the termination, provided that the Training Provider has, to the reasonable satisfaction of the Department:
i) used its best efforts to minimise any costs arising as a result of the termination; and
ii) provided adequate documentary evidence to substantiate those costs.
17.3 17.2. This Contract Agreement may be terminated at any time by written agreement between the Parties.
17.4 17.3. The Department Commission may terminate this Contract Agreement immediately by issuing a Notice notice to the Training Provider RTO if:
a) the Training Provider RTO commits a Material BreachBreach of this Agreement;
b) the Training Provider RTO commits a breach of this Contract (whether or not it is a Material Breach) Agreement which cannot be remedied;
c) the Training Provider RTO commits a breach of this Contract (whether or not it is a Material Breach) Agreement and itthe RTO:
i) i. fails to commence action to remedy the breach within 10 Business Days after the Department Commission has served a Notice notice requiring it to do so; or
ii) . having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the DepartmentCommission's Noticenotice;
d) without limiting paragraphs (clauses 17.3 a), b) to (or c), the Training Provider RTO fails to provide some or all of the Training Services for which Funds have been claimed and/or paid or any such if the Training Services are not provided to a standard satisfactory to the DepartmentCommission;
e) there has been any fraud, fraud or the Department reasonably suspects any fraud, suspected fraud relating to the Training Provider RTO or the Funds, or there has been any misappropriation of Funds by the Training Provider RTO or there has otherwise been any other misleading or deceptive conduct on the part of the Training Provider RTO in connection with this Contract Agreement or the claiming, receipt provision or use of the Funds;
f) an Insolvency Event occurs in relation to the Training Provider’s registration as a registered training organisation under the Act or the National Act is suspended, withdrawn, cancelled or otherwise ceasesRTO;
g) at any time, the ultimate holding company of the RTO (as defined in clause 9 of the Corporations ▇▇▇ ▇▇▇▇ (Cth)), as at the date of this Agreement ceases to be the ultimate holding company of the RTO; or if there is a change which the Commission (acting reasonably) considers material in the ownership of the RTO;
h) the Commission reasonably believes that the RTO has made any false or misleading statement to the Commission in connection with this Agreement (whether before the Commencement Date or during the Term);
i) the registration of the RTO under applicable legislation is suspended or cancelled.
17.4. The RTO must promptly notify the Commission if the RTO becomes subject to an Other VET Funding Arrangement Insolvency Event or if any event occurs that may be covered by clauses 17.3.g) or 17.3.i).
17.5. Termination of this Agreement does not affect any accrued rights of either Party. Termination of this Agreement does not affect any provisions which are stated, or by their context required, to survive termination or expiry, including clauses 1, 5.3.f), 7.3, 7.6, 9, 10, 11.1, 12, 13, and 14.
17.6. If the Commission terminates this Agreement other than under clause 17.1, or under clause 17.3 f) from the date of an Insolvency Event occurs;occurring as envisaged under c) to j) of the definition of an Insolvency Event, or clause 17.3 i) from the date of suspension or cancellation, the Commission may require the RTO to refund such amount of the Funds previously paid by the Commission as the Commission reasonably deems appropriate (together with interest calculated daily at the rate prescribed under the Penalty Interest Rates Act 1983 (Vic) for the period between the Commission demanding the refund and the RTO refunding the Funds). 2012 Version 1.0 October 2011 Draft as posted with EOI 2012 Version 1.1 November 2011 Final as contracted
Appears in 1 contract
Sources: Service Agreement
Termination Rights. 17.1 17.1. In addition to any other termination rights it hashas to terminate this VET Funding Contract, the Department may in its sole and absolute discretion terminate this VET Funding Contract at any time by issuing a Notice to giving the Training Provider. Such a termination will take effect RTO 20 Business Days after written notice of termination. In the Notice takes effect under Clause 14.2, or at any later time specified in the Notice.
17.2 If event that the Department terminates this VET Funding Contract under in accordance with this Clause 17.1, it subject to Clauses 7.3, 16 and 17.5, the Department will determine and pay:
a) amounts that, in its the reasonable opinionopinion of the Department, are due and payable under Clause 8 7 of this VET Funding Contract as at the date of termination; and
b) reasonable costs (but not including loss of profit or income) that, in its the reasonable opinionopinion of the Department, have been necessarily and directly incurred by the Training Provider RTO as a result of the termination, provided that the Training Provider RTO has, to the reasonable satisfaction of the Department:
i) used its best efforts to minimise any costs arising as a result of the termination; and
ii) provided adequate documentary evidence to substantiate those costs. The RTO acknowledges and agrees that any amount paid by the Department will be finally determined by the Department.
17.3 17.2. This VET Funding Contract may be terminated at any time by written agreement between the Parties.
17.4 17.3. The Department may terminate this VET Funding Contract immediately by issuing a Notice written notice to the Training Provider RTO if:
a) the Training Provider RTO commits a Material BreachBreach of this VET Funding Contract;
b) the Training Provider RTO commits a breach of this VET Funding Contract (whether or not it is a Material Breach) which cannot be remedied;
c) the Training Provider RTO commits a breach of this VET Funding Contract (whether or not it is a Material Breach) and itthe RTO:
i) fails to commence action to remedy the breach within 10 Business Days after the Department has served a Notice notice requiring it to do so; or
ii) having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the Department's Noticenotice;
d) without limiting paragraphs (Clauses 17.3 a), b) to (or c), the Training Provider RTO fails to provide some or all of the Training Services for which Funds have been claimed and/or paid or any such if the Training Services are not provided to a standard satisfactory to the Department;
e) there has been any fraud, fraud or the Department reasonably suspects any fraud, suspected fraud relating to the Training Provider RTO or the Funds, or there has been any misappropriation of Funds by the Training Provider RTO or there has otherwise been any other misleading or deceptive conduct on the part of the Training Provider RTO in connection with this VET Funding Contract or the claiming, receipt provision or use of the Funds;
f) the Training Provider’s registration as a registered training organisation of the RTO under the Act or the National Act applicable legislation is suspended, withdrawn, cancelled or otherwise ceases;
g) the Institute is abolished under section 3.1.11(1)(b) of the Act;
h) the Board/Council is abolished under section 3.1.12(1(b) of the Act; and/or
i) an Other administrator is appointed under section 3.1.21 of the Act.
17.4. The RTO must promptly notify the Department if any event occurs that may be covered by Clauses 17.3 f) to 17.3 i).
17.5. If the Department terminates this VET Funding Arrangement Termination Event occurs;Contract other than under Clause 17.1, or under Clause 17.3 f) from the date of suspension or cancellation, or under Clause 17.3 g) to i) from the date of the event, the Department may require the RTO to refund such amount of the Funds previously paid by the Department as the Department reasonably deems appropriate (together with interest calculated daily at the rate prescribed under the Penalty Interest Rates Act 1983 (Vic) for the period between the Department demanding the refund and the RTO refunding the Funds).
Appears in 1 contract
Sources: Vet Funding Contract
Termination Rights. 17.1 18.1. In addition to any other termination rights it hashas to terminate this Agreement, the Department Commission may in its sole and absolute discretion terminate this Contract Agreement at any time by issuing a Notice to giving the Training Provider. Such a termination will take effect RTO 20 Business Days after the Notice takes effect under Clause 14.2, or at any later time specified in the Noticewritten notice of termination.
17.2 If the Department terminates this Contract under Clause 17.1, it will determine and pay:
a) amounts that, in its reasonable opinion, are due and payable under Clause 8 as at the date of termination; and
b) reasonable costs (but not including loss of profit or income) that, in its reasonable opinion, have been necessarily and directly incurred by the Training Provider as a result of the termination, provided that the Training Provider has, to the reasonable satisfaction of the Department:
i) used its best efforts to minimise any costs arising as a result of the termination; and
ii) provided adequate documentary evidence to substantiate those costs.
17.3 18.2. This Contract Agreement may be terminated at any time by written agreement between the Parties.
17.4 18.3. The Department Commission may terminate this Contract Agreement immediately by issuing a Notice written notice to the Training Provider RTO if:
a) the Training Provider RTO commits a Material BreachBreach of this Agreement;
b) the Training Provider RTO commits a breach of this Contract (whether or not it is a Material Breach) Agreement which cannot be remedied;
c) the Training Provider RTO commits a breach of this Contract (whether or not it is a Material Breach) Agreement and itthe RTO:
i) fails to commence action to remedy the breach within 10 Business Days after the Department Commission has served a Notice notice requiring it to do so; or
ii) having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the DepartmentCommission's Noticenotice;
d) without limiting paragraphs (Clauses 18.3 a), b) to (or c), the Training Provider RTO fails to provide some or all of the Training Services for which Funds have been claimed and/or paid or any such if the Training Services are not provided to a standard satisfactory to the DepartmentCommission;
e) there has been any fraud, fraud or the Department reasonably suspects any fraud, suspected fraud relating to the Training Provider RTO or the Funds, or there has been any misappropriation of Funds by the Training Provider RTO or there has otherwise been any other misleading or deceptive conduct on the part of the Training Provider RTO in connection with this Contract Agreement or the claiming, receipt provision or use of the Funds;
f) an Insolvency Event occurs in relation to the Training Provider’s registration RTO;
g) at any time, the ultimate holding company of the RTO (as defined in Clause 9 of the Corporations Act 2001 (Cth)), as at the date of this Agreement ceases to be the ultimate holding company of the RTO; or if there is a registered training organisation under change which the Act Commission (acting reasonably) considers material in the ownership of the RTO;
h) the RTO has made, or the National Act Commission reasonably suspects that the RTO has made any false or misleading representation to the Commission in connection with this Agreement (whether by act or omission, and whether before or after the Commencement Date);
i) the registration of the RTO under applicable legislation is suspended, withdrawn, cancelled or otherwise ceases;.
g18.4. The RTO must promptly notify the Commission if the RTO becomes subject to an Insolvency Event or if any event occurs that may be covered by Clauses 18.3.g) or 18.3.i).
18.5. Termination of this Agreement does not affect any accrued rights of either Party. Termination of this Agreement does not affect any provisions which are stated, or by their context required, to survive termination or expiry, including Clauses 1, 5.10, 7.3, 7.5, 8.3, 9, 10, 11, 13, 14, 15, and 17.
18.6. If the Commission terminates this Agreement other than under Clause 18.1, or under Clause 18.3 f) from the date of an Other VET Funding Arrangement Termination Insolvency Event occurs;occurring as envisaged under c) to j) of the definition of an Insolvency Event, or Clause 18.3 i) from the date of suspension or cancellation, the Commission may require the RTO to refund such amount of the Funds previously paid by the Commission as the Commission reasonably deems appropriate (together with interest calculated daily at the rate prescribed under the Penalty Interest Rates Act 1983 (Vic) for the period between the Commission demanding the refund and the RTO refunding the Funds).
Appears in 1 contract
Sources: Service Agreement
Termination Rights. 17.1 18.1. In addition to any other termination rights it hashas to terminate this VET Funding Contract, the Department may terminate this VET Funding Contract at any time by issuing a Notice to giving the Training Provider. Such a termination will take effect Provider 20 Business Days after written notice of termination. In the Notice takes effect under Clause 14.2, or at any later time specified in the Notice.
17.2 If event that the Department terminates this VET Funding Contract under in accordance with this Clause 17.118.1, it the Department will determine and pay:
a) amounts that, in its the reasonable opinionopinion of the Department, are due and payable under Clause 8 of this VET Funding Contract as at the date of termination; and
b) reasonable costs (but not including loss of profit or income) that, in its the reasonable opinionopinion of the Department, have been necessarily and directly incurred by the Training Provider as a result of the termination, provided that the Training Provider has, to the reasonable satisfaction of the Department:
i) used its best efforts to minimise any costs arising as a result of the termination; and
ii) provided adequate documentary evidence to substantiate those costs. The Training Provider acknowledges and agrees that any amount paid by the Department will be finally determined by the Department.
17.3 18.2. This VET Funding Contract may be terminated at any time by written agreement between the Parties.
17.4 18.3. The Department may terminate this VET Funding Contract immediately by issuing a Notice written notice to the Training Provider if:
a) the Training Provider commits a Material BreachBreach of this VET Funding Contract;
b) the Training Provider commits a breach of this VET Funding Contract (whether or not it the breach is a Material Breach) which cannot be remedied;
c) the Training Provider commits a breach of this VET Funding Contract (whether or not it the breach is a Material Breach) and itthe Training Provider:
i) fails to commence action to remedy the breach within 10 Business Days after the Department has served a Notice notice requiring it to do so; or
ii) having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the Department's Noticenotice;
d) without limiting paragraphs Clauses 18.3(a), (ab) to or (c), the Training Provider fails to provide some or all of the Training Services for which Funds have been claimed and/or paid or any such if the Training Services are not provided to a standard satisfactory to the Department;
e) there has been any fraud, fraud or the Department reasonably suspects any fraud, suspected fraud relating to the Training Provider or the Funds, or there has been any misappropriation of Funds by the Training Provider or there has otherwise been any other misleading or deceptive conduct on the part of the Training Provider in connection with this VET Funding Contract or the claiming, receipt or use of the Funds;
f) the registration of the Training Provider’s registration as a registered training organisation Provider under the Act or the National Act applicable legislation is suspended, withdrawn, cancelled or otherwise ceases;
g) an Other VET Funding Arrangement Termination Event occurs;; and/or
Appears in 1 contract
Sources: Vet Funding Contract
Termination Rights. 17.1 17.1. In addition to any other termination rights it hashas to terminate this VET Funding Contract, the Department may in its sole and absolute discretion terminate this VET Funding Contract at any time by issuing a Notice to giving the Training Provider. Such a termination will take effect RTO 20 Business Days after written notice of termination. In the Notice takes effect under Clause 14.2, or at any later time specified in the Notice.
17.2 If event that the Department terminates this VET Funding Contract under in accordance with this Clause 17.1, it subject to Clauses 7.3, 16 and 17.5, the Department will determine and pay:
a) amounts that, in its the reasonable opinionopinion of the Department, are due and payable under Clause 8 7 of this VET Funding Contract as at the date of termination; and
b) reasonable costs (but not including loss of profit or income) that, in its the reasonable opinionopinion of the Department, have been necessarily and directly incurred by the Training Provider RTO as a result of the termination, provided that the Training Provider RTO has, to the reasonable satisfaction of the Department:
i) used its best efforts to minimise any costs arising as a result of the termination; and
ii) provided adequate documentary evidence to substantiate those costs. The RTO acknowledges and agrees that any amount paid by the Department will be finally determined by the Department.
17.3 17.2. This VET Funding Contract may be terminated at any time by written agreement between the Parties.
17.4 17.3. The Department may terminate this VET Funding Contract immediately by issuing a Notice written notice to the Training Provider RTO if:
a) the Training Provider RTO commits a Material BreachBreach of this VET Funding Contract;
b) the Training Provider RTO commits a breach of this VET Funding Contract (whether or not it is a Material Breach) which cannot be remedied;
c) the Training Provider RTO commits a breach of this VET Funding Contract (whether or not it is a Material Breach) and itthe RTO:
i) fails to commence action to remedy the breach within 10 Business Days after the Department has served a Notice notice requiring it to do so; or
ii) having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the Department's Noticenotice;
d) without limiting paragraphs (Clauses 17.3 a), b) to (or c), the Training Provider RTO fails to provide some or all of the Training Services for which Funds have been claimed and/or paid or any such if the Training Services are not provided to a standard satisfactory to the Department;
e) there has been any fraud, fraud or the Department reasonably suspects any fraud, suspected fraud relating to the Training Provider RTO or the Funds, or there has been any misappropriation of Funds by the Training Provider RTO or there has otherwise been any other misleading or deceptive conduct on the part of the Training Provider RTO in connection with this VET Funding Contract or the claiming, receipt provision or use of the Funds;
f) an Insolvency Event occurs in relation to the Training Provider’s RTO;
g) at any time, the ultimate holding company of the RTO (as defined in Section 9 of the Corporations Act 2001 (Cth)), as at the date of this VET Funding Contract ceases to be the ultimate holding company of the RTO; or if there is a change which the Department (acting reasonably) considers material in the ownership of the RTO;
h) the RTO has made, or the Department reasonably suspects that the RTO has made any false or misleading representation to the Department in connection with this VET Funding Contract (whether by act or omission, and whether before or after the Commencement Date); and/or
i) the registration of the RTO as a registered training organisation under the Act or relevant State and/or national registration and regulatory body as applicable to and for the National Act RTO is suspended, withdrawn, cancelled or otherwise ceases;.
g17.4. The RTO must promptly notify the Department if the RTO becomes subject to an Insolvency Event or if any event occurs that may be covered by Clauses 17.3.g) an Other or 17.3.i).
17.5. If the Department terminates this VET Funding Arrangement Termination Contract other than under Clause 17.1, or under Clause 17.3(f)) from the date of an Insolvency Event occurs;occurring as envisaged under (c) to (j) of the definition of an Insolvency Event, or Clause 17.3 (i) from the date of suspension or cancellation, the Department may require the RTO to refund such amount of the Funds previously paid by the Department as the Department reasonably deems appropriate (together with interest calculated daily at the rate prescribed under the Penalty Interest Rates Act 1983 (Vic) for the period between the Department demanding the refund and the RTO refunding the Funds).
Appears in 1 contract
Sources: Vet Funding Contract
Termination Rights. 17.1 17.1. In addition to any other termination rights it hashas to terminate this VET Funding Contract, the Department may in its sole and absolute discretion terminate this VET Funding Contract at any time by issuing a Notice to giving the Training Provider. Such a termination will take effect RTO 20 Business Days after the Notice takes effect under Clause 14.2, or at any later time specified in the Notice.
17.2 If the Department terminates this Contract under Clause 17.1, it will determine and pay:written notice of termination. In the
a) amounts that, in its the reasonable opinionopinion of the Department, are due and payable under Clause 8 7 of this VET Funding Contract as at the date of termination; and
b) reasonable costs (but not including loss of profit or income) that, in its the reasonable opinionopinion of the Department, have been necessarily and directly incurred by the Training Provider RTO as a result of the termination, provided that the Training Provider RTO has, to the reasonable satisfaction of the Department:
i) used its best efforts to minimise any costs arising as a result of the termination; and
ii) provided adequate documentary evidence to substantiate those costs. The RTO acknowledges and agrees that any amount paid by the Department will be finally determined by the Department.
17.3 17.2. This VET Funding Contract may be terminated at any time by written agreement between the Parties.
17.4 17.3. The Department may terminate this VET Funding Contract immediately by issuing a Notice written notice to the Training Provider RTO if:
a) the Training Provider RTO commits a Material BreachBreach of this VET Funding Contract;
b) the Training Provider RTO commits a breach of this VET Funding Contract (whether or not it is a Material Breach) which cannot be remedied;
c) the Training Provider RTO commits a breach of this VET Funding Contract (whether or not it is a Material Breach) and itthe RTO:
i) fails to commence action to remedy the breach within 10 Business Days after the Department has served a Notice notice requiring it to do so; or
ii) having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the Department's Noticenotice;
d) without limiting paragraphs (Clauses 17.3 a), b) to (or c), the Training Provider RTO fails to provide some or all of the Training Services for which Funds have been claimed and/or paid or any such if the Training Services are not provided to a standard satisfactory to the Department;
e) there has been any fraud, fraud or the Department reasonably suspects any fraud, suspected fraud relating to the Training Provider RTO or the Funds, or there has been any misappropriation of Funds by the Training Provider RTO or there has otherwise been any other misleading or deceptive conduct on the part of the Training Provider RTO in connection with this VET Funding Contract or the claiming, receipt provision or use of the Funds;
f) an Insolvency Event occurs in relation to the Training Provider’s registration RTO;
g) at any time, the ultimate holding company of the RTO (as defined in Section 9 of the Corporations Act 2001 (Cth)), as at the date of this VET Funding Contract ceases to be the ultimate holding company of the RTO; or if there is a registered training organisation under change which the Act Department (acting reasonably) considers material in the ownership of the RTO;
h) the RTO has made, or the National Act Department reasonably suspects that the RTO has made any false or misleading representation to the Department in connection with this VET Funding Contract (whether by act or omission, and whether before or after the Commencement Date); and/or
i) the registration of the RTO under applicable legislation is suspended, withdrawn, cancelled or otherwise ceases;.
g17.4. The RTO must promptly notify the Department if the RTO becomes subject to an Insolvency Event or if any event occurs that may be covered by Clauses 17.3.g) an Other or 17.3.i).
17.5. If the Department terminates this VET Funding Arrangement Termination Contract other than under Clause 17.1, or under Clause 17.3(f)) from the date of an Insolvency Event occurs;occurring as envisaged under (c) to (j) of the definition of an Insolvency Event, or Clause 17.3 (i) from the date of suspension or cancellation, the Department may require the RTO to refund such amount of the Funds previously paid by the Department as the Department reasonably deems appropriate (together with interest calculated daily at the rate prescribed under the Penalty Interest Rates Act 1983 (Vic) for the period between the Department demanding the refund and the RTO refunding the Funds).
Appears in 1 contract
Sources: Vet Funding Contract
Termination Rights. 17.1 18.1. In addition to any other termination rights it hashas to terminate this VET Funding Contract, the Department may in its sole and absolute discretion terminate this VET Funding Contract at any time by issuing a Notice to giving the Training Provider. Such a termination will take effect RTO 20 Business Days after written notice of termination. In the Notice takes effect under Clause 14.2, or at any later time specified in the Notice.
17.2 If event that the Department terminates this VET Funding Contract under in accordance with this Clause 17.118.1, it subject to Clauses 7.3, 17 and 18.5, the Department will determine and pay:
a) amounts that, in its the reasonable opinionopinion of the Department, are due and payable under Clause 8 7 of this VET Funding Contract as at the date of termination; and
b) reasonable costs (but not including loss of profit or income) that, in its the reasonable opinionopinion of the Department, have been necessarily and directly incurred by the Training Provider RTO as a result of the termination, provided that the Training Provider RTO has, to the reasonable satisfaction of the Department:
i) used its best efforts to minimise any costs arising as a result of the termination; and
ii) provided adequate documentary evidence to substantiate those costs. The RTO acknowledges and agrees that any amount paid by the Department will be finally determined by the Department.
17.3 18.2. This VET Funding Contract may be terminated at any time by written agreement between the Parties.
17.4 18.3. The Department may at its absolute discretion terminate this VET Funding Contract immediately by issuing a Notice written notice to the Training Provider RTO if:
a) the Training Provider RTO commits a Material BreachBreach of this VET Funding Contract;
b) the Training Provider RTO commits a breach of this VET Funding Contract (whether or not it is a Material Breach) which cannot be remedied;
c) the Training Provider RTO commits a breach of this VET Funding Contract (whether or not it is a Material Breach) and itthe RTO:
i) fails to commence action to remedy the breach within 10 Business Days after the Department has served a Notice notice requiring it to do so; or
ii) having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the Department's Noticenotice;
d) without limiting paragraphs (Clauses 18.3 a), b) to (or c), the Training Provider RTO fails to provide some or all of the Training Services for which Funds have been claimed and/or paid or any such if the Training Services are not provided to a standard satisfactory to the Department;
e) there has been any fraud, fraud or the Department reasonably suspects any fraud, suspected fraud relating to the Training Provider RTO or the Funds, or there has been any misappropriation of Funds by the Training Provider RTO or there has otherwise been any other misleading or deceptive conduct on the part of the Training Provider RTO in connection with this VET Funding Contract or the claiming, receipt provision or use of the Funds;
f) an Insolvency Event occurs in relation to the Training Provider’s registration RTO;
g) at any time, the ultimate holding company of the RTO (as defined in Section 9 of the Corporations Act 2001 (Cth)), as at the date of this VET Funding Contract ceases to be the ultimate holding company of the RTO; or if there is a registered training organisation under change which the Act Department (acting reasonably) considers material in the ownership of the RTO;
h) the RTO has made, or the National Act Department reasonably suspects that the RTO has made any false or misleading representation to the Department in connection with this VET Funding Contract (whether by act or omission, and whether before or after the Commencement Date); and/or
i) the registration of the RTO under applicable legislation is suspended, withdrawn, cancelled or otherwise ceases;.
g18.4. The RTO must promptly notify the Department if the RTO becomes subject to an Insolvency Event or if any event occurs that may be covered by Clauses 18.3.g) an Other or 18.3.i).
18.5. If the Department terminates this VET Funding Arrangement Termination Contract other than under Clause 18.1, or under Clause 18.3(f)) from the date of an Insolvency Event occurs;occurring as envisaged under (c) to (j) of the definition of an Insolvency Event, or Clause 18.3 (i) from the date of suspension or cancellation, the Department may require the RTO to refund such amount of the Funds previously paid by the Department as the Department reasonably deems appropriate (together with interest calculated daily at the rate prescribed under the Penalty Interest Rates Act 1983 (Vic) for the period between the Department demanding the refund and the RTO refunding the Funds).
Appears in 1 contract
Sources: Vet Funding Contract
Termination Rights. 17.1 In addition to any other termination rights it hasExcept as set forth in Section 10.5(c), the Department Monsanto may terminate this Contract Agreement by giving the Agent a termination notice specified for each termination event only upon the occurrence and continuance of one of the following:
(1) An Event of Default occurring at any time time;
(2) A Roundup Sale or a Change of Control with respect to Monsanto, by issuing giving the Agent a Notice notice of termination within six (6) months following the consummation of such Change of Control or Roundup Sale and the commencement of the functional integration of the Roundup L&G Business into the organizational structure of the acquiring entity in a Roundup Sale or Change of Control, which, for the avoidance of doubt, shall be deemed to not occur until all applicable legal restrictions on the Training Provider. Such a functional integration of and/or control over the Roundup L&G Business have expired, such termination will take effect 20 Business Days after the Notice takes effect under Clause 14.2, or at any later time specified in the Notice.
17.2 If the Department terminates this Contract under Clause 17.1, it will determine and pay:
a) amounts that, in its reasonable opinion, are due and payable under Clause 8 as to be effective at the date of termination; and
b) reasonable costs (but not including loss of profit or income) that, in its reasonable opinion, have been necessarily and directly incurred by the Training Provider as a result end of the termination, provided that the Training Provider has, to the reasonable satisfaction of the Department:
ififth (5th) used its best efforts to minimise any costs arising as a result of the termination; and
ii) provided adequate documentary evidence to substantiate those costs.
17.3 This Contract may be terminated at any time by written agreement between the Parties.
17.4 The Department may terminate this Contract immediately by issuing a Notice to the Training Provider if:
a) the Training Provider commits a Material Breachfull Program Year after such notice is provided;
b(3) the Training Provider commits a breach of this Contract (whether or not it is a Material Breach) which cannot be remedied;
c) the Training Provider commits a breach of this Contract (whether or not it is a Material Breach) and it:
i) fails to commence action to remedy the breach within 10 Business Days after the Department has served a Notice requiring it to do soA Brand Decommissioning Event; or
ii(4) having commenced action Program EBIT with respect to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the Department's Notice;
d) without limiting paragraphs a completed Program Year falls below $50MM (a) to (ca “Program EBIT Decline Event”), by providing written notice thereof within ninety (90) days following the Training Provider fails end of such Program Year, such termination to provide some or all be effective upon the date that is eighteen (18) months following the date on which such notice is delivered; provided, that following the delivery of such notice (A) both Monsanto and the Training Services for which Funds have been claimed and/or paid or any such Training Services are not Agent shall continue to fulfill their respective obligations under this Agreement and (B) no Termination Fee shall be payable (except to the extent payable under this Agreement after Agent has provided a Convenience Termination Notice prior to a standard satisfactory Party providing written notice of a Program EBIT Decline Event as set forth in this sentence).
(5) Notwithstanding the foregoing, Monsanto may not terminate this Agreement for any reason on or before January 16, 2021, except with respect to the Department;
eMonsanto’s termination of this Agreement pursuant to Section 10.4(a)(1) there has been any fraud(Event of Default), Section 10.4(a)(2) (Roundup Sale or the Department reasonably suspects any fraud, relating to the Training Provider Change of Control) or the Funds, or there has been any misappropriation of Funds by the Training Provider or any other misleading or deceptive conduct on the part of the Training Provider in connection with this Contract or the claiming, receipt or use of the Funds;
fSection 10.4(a)(3) the Training Provider’s registration as a registered training organisation under the Act or the National Act is suspended, withdrawn, cancelled or otherwise ceases;
g) an Other VET Funding Arrangement Termination Event occurs;(Brand Decommissioning Event).
Appears in 1 contract
Sources: Exclusive Agency and Marketing Agreement (Scotts Miracle-Gro Co)
Termination Rights. 17.1 In addition (a) If any of the following conditions occur during the FIT Term, then the Company shall have the right to terminate this Agreement:
(i) The Seller, by act or omission, materially breaches or defaults on any material covenant, condition or other termination rights it hasprovision of this Agreement, and fails to cure such breach or default within thirty (30) Days after written notice of such breach or default from the Company, unless such breach or default cannot be cured within thirty (30) Days and the Seller is making diligent efforts to cure such breach or default, provided, however, that if such breach or default is not cured within one hundred eighty (180) Days of such notice, the Department Company may terminate this Contract at any time by issuing Agreement;
(ii) The Seller makes a Notice to general assignment for the Training Provider. Such benefit of its creditors;
(iii) The Seller files bankruptcy, has a termination will take effect 20 Business Days after the Notice takes effect under Clause 14.2petition for involuntary bankruptcy filed against it, or at any later time specified in the Notice.has a receiver appointed because of insolvency; Superseding Sheet No. 88G REVISED SHEET NO. 88G Effective October 22, 2010 Effective December 22, 2014
17.2 If the Department terminates this Contract under Clause 17.1, it will determine and pay:
a(iv) amounts that, in its reasonable opinion, are due and payable under Clause 8 as at the date of termination; and
b) reasonable costs (but not including loss of profit The Seller’s dissolution or income) that, in its reasonable opinion, have been necessarily and directly incurred by the Training Provider as a result of the termination, provided that the Training Provider has, to the reasonable satisfaction of the Department:
i) used its best efforts to minimise any costs arising as a result of the termination; and
ii) provided adequate documentary evidence to substantiate those costs.
17.3 This Contract may be terminated at any time by written agreement between the Parties.
17.4 The Department may terminate this Contract immediately by issuing a Notice to the Training Provider if:
a) the Training Provider commits a Material Breachliquidation;
b(v) the Training Provider commits a breach of this Contract (whether or not it is a Material Breach) which cannot be remedied;
c) the Training Provider commits a breach of this Contract (whether or not it is a Material Breach) and it:
i) fails to commence action to remedy the breach within 10 Business Days after the Department has served a Notice requiring it to do so; or
ii) having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the Department's Notice;
d) without limiting paragraphs (a) to (c), the Training Provider fails to provide some or all of the Training Services for which Funds have been claimed and/or paid or any such Training Services are not provided to a standard satisfactory to the Department;
e) there has been any The Seller’s actual fraud, waste, tampering with Company owned facilities, theft of Company property or the Department reasonably suspects any fraud, relating to the Training Provider other material intentional misrepresentation or the Funds, or there has been any misappropriation of Funds by the Training Provider or any other misleading or deceptive conduct on the part of the Training Provider misconduct in connection with this Contract or Agreement and/or the claiming, receipt or use operation of the FundsFacility;
f(vi) The Seller’s abandonment of construction or operation of the Training Provider’s registration as a registered training organisation under the Act or the National Act is suspended, withdrawn, cancelled or otherwise ceasesFacility;
g(vii) an Other VET Funding Arrangement The Seller’s failure to maintain required interconnection equipment in accordance with Section 4 (Seller’s Obligations); or
(viii) If due to a Force Majeure event Seller is prevented from performing any material obligation under this Agreement for one hundred eighty (180) Days or longer.
(ix) The Seller fails to meet any Facility Development Milestone set forth in paragraph 11(a) below
(x) The Seller fails to achieve the In-Service Date by the Guaranteed In-Service Date.
(b) Before terminating this Agreement for cause, the Company under Paragraph 10(a)(i) through (viii), the Company shall give written notice to the Seller of the existence of one or more of the above conditions allowing termination for cause and of the Company's intention to exercise its termination rights if the condition is not corrected to the satisfaction of Company. Upon receipt of the Company's notice of intent to terminate for cause, the Seller shall have thirty (30) Days in which to correct the noted condition to the satisfaction of the Company. Termination Event occurs;of this Agreement for cause under Paragraph 10(a)(ix) and (x) shall be governed by the process set forth in Company’s Schedule FIT Tier 1 And 2 Tariff, which is hereby incorporated by reference.
(c) The Seller may terminate the Agreement if the Company, (i) by act or omission, materially breaches or defaults on any material covenant, condition or other provision of this Agreement, and fails to cure such breach or default within thirty (30) Days after written notice of such breach or default from the Seller, unless such breach or default cannot be cured within thirty (30) Days and the Company is making diligent efforts to cure such breach or default, provided, however, that if such breach or default is not cured within one hundred eighty (180) Days of such notice, the Seller may terminate this Agreement or (ii) due to a Force Majeure event is prevented from performing any material obligation under this Agreement for one hundred eighty (180) Days or longer.
(d) A Tier 2 Seller shall provide Company a minimum of three (3) months written notice prior to ceasing operations at the Facility for reasons other than Force Majeure events or such Seller shall be subject to liquidated damages equal to the highest three months of revenues received under this Agreement during the last twelve months prior to terminating operation, due and payable to the Company upon receipt of billing from the Company, and such other penalties as may be determined by the Commission.
Appears in 1 contract
Termination Rights. 17.1 In addition (a) Shipper shall have the right to any other termination rights it has, the Department may terminate this Contract Precedent Agreement with no liability to Transporter by giving Transporter at least five (5) days advance written notice (which notice must be given, if at all, within five (5) days after the occurrence of the relied upon event, except that as to Section 9(a)i below, any such notice must be given, if at all, by February 8, 2006) in the event:
i. Shipper has not received all corporate or Board of Directors approvals required by Shipper in connection with the execution of this Precedent Agreement by no later than 8:00 PM CT on February 8, 2006;
ii. Transporter has failed to file for FERC Authorization for the Entrega Projects by no later than September 30, 2006;
iii. Transporter has not received FERC Authorization for the Entrega Projects and Certificate 1 Segment of the Rockies Project by no later than December 31, 2007;
iv. Transporter has not placed the Entrega Projects and Certificate 1 Segment of the Rockies Project in-service by no later than February 28, 2009;
v. The Entrega Projects and the Rockies Project have not been combined through a corporate acquisition and regulatory integration such that the Entrega Projects and the Rockies Project do not offer future Seamless Service at the rates agreed to herein and in an agreement between Shipper and Rockies Express from a receipt point in the Opal, Wyoming area by no later than December 31, 2007.
(b) Transporter shall have the right to terminate this Precedent Agreement with no liability to Shipper by giving Shipper five (5) days advance written notice (which notice must be given, if at all, within ten (10) days after the occurrence of the relied upon event); provided that notice under this Section 9 (b) may be given at any time by issuing a Notice to the Training Provider. Such a termination will take effect 20 Business Days after the Notice takes effect while Shipper shall be in default of its obligations under Clause 14.2, or at any later time specified in the Notice.
17.2 If the Department terminates this Contract under Clause 17.1, it will determine and pay:
a) amounts that, in its reasonable opinion, are due and payable under Clause Section 8 as at the date of termination; and
b) reasonable costs (but not including loss of profit or income) that, in its reasonable opinion, have been necessarily and directly incurred by the Training Provider as a result of the termination, provided that the Training Provider has, to the reasonable satisfaction of the Department:
i) used its best efforts to minimise any costs arising as a result of the termination; and
ii) provided adequate documentary evidence to substantiate those costs.
17.3 This Contract may be terminated at any time by written agreement between the Parties.
17.4 The Department may terminate this Contract immediately by issuing a Notice to the Training Provider if:
a) the Training Provider commits a Material Breach;
b) the Training Provider commits a breach of this Contract (whether or not it is a Material Breach) which cannot be remedied;
c) the Training Provider commits a breach of this Contract (whether or not it is a Material Breach) and it:
i) fails to commence action to remedy the breach within 10 Business Days after the Department has served a Notice requiring it to do so; or
ii) having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the Department's Notice;
d) without limiting paragraphs (a) to (c), in the Training Provider fails event:
i. FERC shall attach conditions to provide some the FERC Authorization for the Entrega Projects or all impose conditions requiring subsequent compliance filings which, in Transporter’s reasonable judgment, are unacceptable;
ii. Transporter has not received the necessary FERC Authorization for the Entrega Projects by no later than July 31, 2007;
iii. Transporter notifies Shipper on or before February 28, 2006 that aggregate firm commitments to the Entrega Projects do not support the economic viability of the Training Services for which Funds have been claimed and/or paid or any such Training Services are not provided to a standard satisfactory to Entrega Projects as determined in the Departmentexercise of Transporter’s commercially reasonable discretion;
e) there iv. Transporter has been any fraud, or the Department reasonably suspects any fraud, relating to the Training Provider or the Funds, or there has been any misappropriation not received all corporate and Board of Funds Directors approval required by the Training Provider or any other misleading or deceptive conduct on the part of the Training Provider Transporter in connection with the execution of this Contract Precedent Agreement by no later than February 28, 2006.
v. Shipper fails to comply with any of its material obligations hereunder or the claiming, receipt or use of the Funds;
f) the Training Provider’s registration as a registered training organisation under the Act or FTSA.
(c) In the National Act is suspendedevent Transporter terminates this Precedent Agreement for any reason other than that stated at Section 9(b)v above, withdrawnconcurrent with such termination, cancelled or otherwise ceases;
g) an Other VET Funding Arrangement Termination Event occurs;Transporter shall return to Shipper any credit support provided by Shipper under Section 8 above.
Appears in 1 contract
Termination Rights. 17.1 18.1. In addition to any other termination rights it hashas to terminate this VET Funding Contract, the Department may terminate this VET Funding Contract at any time by issuing a Notice to giving the Training Provider. Such a termination will take effect Provider 20 Business Days after written notice of termination. In the Notice takes effect under Clause 14.2, or at any later time specified in the Notice.
17.2 If event that the Department terminates this VET Funding Contract under in accordance with this Clause 17.118.1, it the Department will determine and pay:
a) amounts that, in its the reasonable opinionopinion of the Department, are due and payable under Clause 8 of this VET Funding Contract as at the date of termination; and
b) reasonable costs (but not including loss of profit or income) that, in its the reasonable opinionopinion of the Department, have been necessarily and directly incurred by the Training Provider as a result of the termination, provided that the Training Provider has, to the reasonable satisfaction of the Department:
i) used its best efforts to minimise any costs arising as a result of the termination; and
ii) provided adequate documentary evidence to substantiate those costs. The Training Provider acknowledges and agrees that any amount paid by the Department will be finally determined by the Department.
17.3 18.2. This VET Funding Contract may be terminated at any time by written agreement between the Parties.
17.4 18.3. The Department may terminate this VET Funding Contract immediately by issuing a Notice written notice to the Training Provider if:
a) the Training Provider commits a Material BreachBreach of this VET Funding Contract;
b) the Training Provider commits a breach of this VET Funding Contract (whether or not it the breach is a Material Breach) which cannot be remedied;
c) the Training Provider commits a breach of this VET Funding Contract (whether or not it the breach is a Material Breach) and itthe Training Provider:
i) fails to commence action to remedy the breach within 10 Business Days after the Department has served a Notice notice requiring it to do so; or
ii) having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the Department's Noticenotice;
d) without limiting paragraphs Clauses 18.3(a), (ab) to or (c), the Training Provider fails to provide some or all of the Training Services for which Funds have been claimed and/or paid or any such if the Training Services are not provided to a standard satisfactory to the Department;
e) there has been any fraud, fraud or the Department reasonably suspects any fraud, suspected fraud relating to the Training Provider or the Funds, or there has been any misappropriation of Funds by the Training Provider or there has otherwise been any other misleading or deceptive conduct on the part of the Training Provider in connection with this VET Funding Contract or the claiming, receipt or use of the Funds;
f) an Insolvency Event occurs in relation to the Training Provider’s registration as ;
g) the Training Provider undergoes a registered training organisation Change in Control that has not been approved by the Department under Clause 7.6;
h) the Act Training Provider undergoes an event referred to in Clause 7.11;
i) the Training Provider has made, or the National Act Department reasonably suspects that the Training Provider has made any false or misleading representation to the Department in connection with this VET Funding Contract (whether by act or omission, and whether before or after the Commencement Date) or has otherwise breached any warranty in Clause 14.1;
j) the registration of the Training Provider under applicable legislation is suspended, withdrawn, cancelled or otherwise ceases;
gk) the Department terminates any other contract with the Training Provider regarding government subsidised training pursuant to any provision of that contract other than on a ground equivalent to a ground set out in one of Clauses 18.1, 18.3(f), 18.3(g), 18.3(h) and 18.3(j);
l) the Department terminates any contract with a Related Training Provider regarding government subsidised training pursuant to any provision of that contract other than on a ground equivalent to a ground set out in one of Clauses 18.1, 18.3(f), 18.3(g), 18.3(h) and 18.3(j);
m) an Other VET Funding Arrangement Termination Event occurs;; and/or
n) an Other VET Funding Arrangement Termination Event occurs to another registered training organisation that is a member of the Training Provider Group.
Appears in 1 contract
Sources: Vet Funding Contract
Termination Rights. 17.1 In addition (a) If any of the following conditions occur during the FIT Term, then the Company shall have the right to terminate this Agreement:
(i) The Seller, by act or omission, materially breaches or defaults on any material covenant, condition or other termination rights it hasprovision of this Agreement, and fails to cure such breach or default within thirty (30) Days after written notice of such breach or default from the Company, unless such breach or default cannot be cured within thirty (30) Days and the Seller is making diligent efforts to cure such breach or default, provided, however, that if such breach or default is not cured within one hundred eighty (180) Days of such notice, the Department Company may terminate this Contract at any time by issuing Agreement;
(ii) The Seller makes a Notice to general assignment for the Training Provider. Such benefit of its creditors;
(iii) The Seller files bankruptcy, has a termination will take effect 20 Business Days after the Notice takes effect under Clause 14.2petition for involuntary bankruptcy filed against it, or at any later time specified in the Notice.has a receiver appointed because of insolvency; Superseding Sheet No. 79G REVISED SHEET NO. 79G Effective October 22, 2010 Effective December 22, 2014 SCHEDULE FIT TIER 1 AND TIER 2 AGREEMENT (Continued)
17.2 If the Department terminates this Contract under Clause 17.1, it will determine and pay:
a(iv) amounts that, in its reasonable opinion, are due and payable under Clause 8 as at the date of termination; and
b) reasonable costs (but not including loss of profit The Seller’s dissolution or income) that, in its reasonable opinion, have been necessarily and directly incurred by the Training Provider as a result of the termination, provided that the Training Provider has, to the reasonable satisfaction of the Department:
i) used its best efforts to minimise any costs arising as a result of the termination; and
ii) provided adequate documentary evidence to substantiate those costs.
17.3 This Contract may be terminated at any time by written agreement between the Parties.
17.4 The Department may terminate this Contract immediately by issuing a Notice to the Training Provider if:
a) the Training Provider commits a Material Breachliquidation;
b(v) the Training Provider commits a breach of this Contract (whether or not it is a Material Breach) which cannot be remedied;
c) the Training Provider commits a breach of this Contract (whether or not it is a Material Breach) and it:
i) fails to commence action to remedy the breach within 10 Business Days after the Department has served a Notice requiring it to do so; or
ii) having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the Department's Notice;
d) without limiting paragraphs (a) to (c), the Training Provider fails to provide some or all of the Training Services for which Funds have been claimed and/or paid or any such Training Services are not provided to a standard satisfactory to the Department;
e) there has been any The Seller’s actual fraud, waste, tampering with Company owned facilities, theft of Company property or the Department reasonably suspects any fraud, relating to the Training Provider other material intentional misrepresentation or the Funds, or there has been any misappropriation of Funds by the Training Provider or any other misleading or deceptive conduct on the part of the Training Provider misconduct in connection with this Contract or Agreement and/or the claiming, receipt or use operation of the FundsFacility;
f(vi) The Seller’s abandonment of construction or operation of the Training Provider’s registration as a registered training organisation under the Act or the National Act is suspended, withdrawn, cancelled or otherwise ceasesFacility;
g(vii) an Other VET Funding Arrangement The Seller’s failure to maintain required interconnection equipment in accordance with Section 4 (Seller’s Obligations); or
(viii) If due to a Force Majeure event Seller is prevented from performing any material obligation under this Agreement for one hundred eighty (180) Days or longer.
(ix) The Seller fails to meet any Facility Development Milestone set forth in paragraph 11(a) below
(x) The Seller fails to achieve the In-Service Date by the Guaranteed In-Service Date.
(b) Before terminating this Agreement for cause under Paragraph 10(a)(i) through (viii), the Company shall give written notice to the Seller of the existence of one or more of the above conditions allowing termination for cause and of the Company's intention to exercise its termination rights if the condition is not corrected to the satisfaction of Company. Upon receipt of the Company's notice of intent to terminate for cause, the Seller shall have thirty (30) Days in which to correct the noted condition to the satisfaction of the Company. Termination Event occurs;of this Agreement for cause under Paragraph 10(a)(ix) and (x) shall be governed by the process set forth in Company’s Schedule FIT Tier 1 And 2 Tariff, which is hereby incorporated by reference.
(c) The Seller may terminate the Agreement if the Company, (i) by act or omission, materially breaches or defaults on any material covenant, condition or other provision of this Agreement, and fails to cure such breach or default within thirty (30) Days after written notice of such breach or default from the Seller, unless such breach or default cannot be cured within thirty (30) Days and the Company is making diligent efforts to cure such breach or default, provided, however, that if such breach or default is not cured within one hundred eighty (180) Days of such notice, the Seller may terminate this Agreement or (ii) due to a Force Majeure event is prevented from performing any material obligation under this Agreement for one hundred eighty (180) Days or longer.
(d) A Tier 2 Seller shall provide Company a minimum of three (3) months written notice prior to ceasing operations at the Facility for reasons other than Force Majeure events or such Seller shall be subject to liquidated damages equal to the highest three months of revenues received under this Agreement during the last twelve months prior to terminating operation, due and payable to the Company upon receipt of billing from the Company, and such other penalties as may be determined by the Commission.
Appears in 1 contract
Termination Rights. 17.1 17.1. In addition to any other termination rights it hashas to terminate this VET Funding Contract, the Department may in its sole and absolute discretion terminate this VET Funding Contract at any time by issuing a Notice to giving the Training Provider. Such a termination will take effect RTO 20 Business Days after written notice of termination. In the Notice takes effect under Clause 14.2, or at any later time specified in the Notice.
17.2 If event that the Department terminates this VET Funding Contract under in accordance with this Clause 17.1, it subject to Clauses 7.3, 16 and 17.5, the Department will determine and pay:
a) amounts that, in its the reasonable opinionopinion of the Department, are due and payable under Clause 8 7 of this VET Funding Contract as at the date of termination; and
b) reasonable costs (but not including loss of profit or income) that, in its the reasonable opinionopinion of the Department, have been necessarily and directly incurred by the Training Provider RTO as a result of the termination, provided that the Training Provider RTO has, to the reasonable satisfaction of the Department:
i) used its best efforts to minimise any costs arising as a result of the termination; and
ii) provided adequate documentary evidence to substantiate those costs. The RTO acknowledges and agrees that any amount paid by the Department will be finally determined by the Department.
17.3 17.2. This VET Funding Contract may be terminated at any time by written agreement between the Parties.
17.4 17.3. The Department may terminate this VET Funding Contract immediately by issuing a Notice written notice to the Training Provider RTO if:
a) the Training Provider RTO commits a Material BreachBreach of this VET Funding Contract;
b) the Training Provider RTO commits a breach of this VET Funding Contract (whether or not it is a Material Breach) which cannot be remedied;
c) the Training Provider RTO commits a breach of this VET Funding Contract (whether or not it is a Material Breach) and itthe RTO:
i) fails to commence action to remedy the breach within 10 Business Days after the Department has served a Notice notice requiring it to do so; or
ii) having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the Department's Noticenotice;
d) without limiting paragraphs (Clauses 17.3 a), b) to (or c), the Training Provider RTO fails to provide some or all of the Training Services for which Funds have been claimed and/or paid or any such if the Training Services are not provided to a standard satisfactory to the Department;
e) there has been any fraud, fraud or the Department reasonably suspects any fraud, suspected fraud relating to the Training Provider RTO or the Funds, or there has been any misappropriation of Funds by the Training Provider RTO or there has otherwise been any other misleading or deceptive conduct on the part of the Training Provider RTO in connection with this VET Funding Contract or the claiming, receipt provision or use of the Funds;
f) the Training Provider’s registration as a registered training organisation of the RTO under the Act or the National Act applicable legislation is suspended, withdrawn, cancelled or otherwise ceases;
g) the Institute is abolished under section 3.1.11(1)(b) of the Act;
h) the Board/Council is abolished under section 3.1.12(1(b) of the Act; or
i) an Other administrator is appointed under section 3.1.21 of the Act.
17.4. The RTO must promptly notify the Department if any event occurs that may be covered by Clauses 17.3 f) to 17.3 i).
17.5. If the Department terminates this VET Funding Arrangement Termination Event occurs;Contract other than under Clause 17.1, or under Clause 17.3 f) from the date of suspension or cancellation, or under Clause 17.3 g) to i) from the date of the event, the Department may require the RTO to refund such amount of the Funds previously paid by the Department as the Department reasonably deems appropriate (together with interest calculated daily at the rate prescribed under the Penalty Interest Rates Act 1983 (Vic) for the period between the Department demanding the refund and the RTO refunding the Funds).
Appears in 1 contract
Sources: Vet Funding Contract
Termination Rights. 17.1 18.1 In addition to any other termination rights it hashas to terminate this VET Funding Contract, the Department may terminate this VET Funding Contract at any time by issuing a Notice to giving the Training Provider. Such a termination will take effect Provider 20 Business Days after written notice of termination. In the Notice takes effect under Clause 14.2, or at any later time specified in the Notice.
17.2 If event that the Department terminates this VET Funding Contract under in accordance with this Clause 17.118.1, it the Department will determine and pay:
a) amounts that, in its the reasonable opinionopinion of the Department, are due and payable under Clause 8 of this VET Funding Contract as at the date of termination; and
b) reasonable costs (but not including loss of profit or income) that, in its the reasonable opinionopinion of the Department, have been necessarily and directly incurred by the Training Provider as a result of the termination, provided that the Training Provider has, to the reasonable satisfaction of the Department:
i) used its best efforts to minimise any costs arising as a result of the termination; and
ii) provided adequate documentary evidence to substantiate those costs. The Training Provider acknowledges and agrees that any amount paid by the Department will be finally determined by the Department.
17.3 18.2 This VET Funding Contract may be terminated at any time by written agreement between the Parties.
17.4 18.3 The Department may terminate this VET Funding Contract immediately by issuing a Notice written notice to the Training Provider if:
a) the Training Provider commits a Material BreachBreach of this VET Funding Contract;
b) the Training Provider commits a breach of this VET Funding Contract (whether or not it the breach is a Material Breach) which cannot be remedied;
c) the Training Provider commits a breach of this VET Funding Contract (whether or not it the breach is a Material Breach) and itthe Training Provider:
i) fails to commence action to remedy the breach within 10 Business Days after the Department has served a Notice notice requiring it to do so; or
ii) having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the Department's Noticenotice;
d) without limiting paragraphs Clauses 18.3(a), (ab) to or (c), the Training Provider fails to provide some or all of the Training Services for which Funds have been claimed and/or paid or any such if the Training Services are not provided to a standard satisfactory to the Department;
e) there has been any fraud, fraud or the Department reasonably suspects any fraud, suspected fraud relating to the Training Provider or the Funds, or there has been any misappropriation of Funds by the Training Provider or there has otherwise been any other misleading or deceptive conduct on the part of the Training Provider in connection with this VET Funding Contract or the claiming, receipt or use of the Funds;
f) an Insolvency Event occurs in relation to the Training Provider’s registration as ;
g) the Training Provider undergoes a registered training organisation Change in Control that has not been approved by the Department under Clause 7.6;
h) the Act Training Provider undergoes an event referred to in Clause 7.11;
i) the Training Provider has made, or the National Act Department reasonably suspects that the Training Provider has made any false or misleading representation to the Department in connection with this VET Funding Contract (whether by act or omission, and whether before or after the Commencement Date) or has otherwise breached any warranty in Clause 14.1;
j) the registration of the Training Provider under applicable legislation is suspended, withdrawn, cancelled or otherwise ceases;
gk) an Other VET Funding Arrangement Termination Event occursthe Department terminates any other contract with the Training Provider regarding government subsidised training pursuant to any provision of that contract other than on a ground equivalent to a ground set out in one of Clauses 18.1, 18.3(f), 18.3(g), 18.3(h) and 18.3(j);
l) the Department terminates any contract with a Related Training Provider regarding government subsidised training pursuant to any provision of that contract other than on a ground equivalent to a ground set out in one of Clauses 18.1, 18.3(f), 18.3(g), 18.3(h) and 18.3(j);
Appears in 1 contract
Sources: Vet Funding Contract
Termination Rights. 17.1 In addition to any other termination rights it haswe have, the Department we may terminate this Contract at any time by issuing a Notice to the Training Provideryou. Such a termination will take effect 20 Business Days after the Notice takes effect under Clause 14.2, or at any later time specified in the Notice.
17.2 If the Department terminates we terminate this Contract under Clause 17.1, it we will determine and pay:
a) amounts that, in its our reasonable opinion, are due and payable under Clause 8 as at the date of termination; and
b) reasonable costs (but not including loss of profit or income) that, in its our reasonable opinion, have been necessarily and directly incurred by the Training Provider you as a result of the termination, provided that the Training Provider hasyou have, to the our reasonable satisfaction of the Departmentsatisfaction:
i) used its your best efforts to minimise any costs arising as a result of the termination; and
ii) provided adequate documentary evidence to substantiate those costs.
17.3 This Contract may be terminated at any time by written agreement between the Partiesyou and us.
17.4 The Department We may terminate this Contract immediately by issuing a Notice to the Training Provider you if:
a) the Training Provider commits you commit a Material Breach;
b) the Training Provider commits you commit a breach of this Contract (whether or not it is a Material Breach) which cannot be remedied;
c) the Training Provider commits you commit a breach of this Contract (whether or not it is a Material Breach) and ityou:
i) fails fail to commence action to remedy the breach within 10 Business Days after the Department has we have served a Notice requiring it you to do so; or
or ii) having commenced action to remedy the breach, fails fail to complete that action as soon as possible and in any event within 20 Business Days of the Department's our Notice;
d) without limiting paragraphs (a) to (c), the Training Provider fails you fail to provide some or all of the Training Services for which Funds have been claimed and/or paid or any such Training Services are not provided to a standard satisfactory to the Departmentus;
e) there has been any fraud, or the Department we reasonably suspects suspect any fraud, relating to the Training Provider you or the Funds, or there has been any misappropriation of Funds by the Training Provider you or any other misleading or deceptive conduct on the your part of the Training Provider in connection with this Contract or the claiming, receipt or use of the Funds;
f) an Insolvency Event occurs (provided that termination on this ground is subject to any applicable statutory stay on the Training Provider’s exercise of rights, including sections 415D, 434J and 451E of the Corporations Act, as the case may be);
g) we have notified you that we object to a proposed Change in Control or a Change in Control under Clause 7.4 and, in the case of a proposed Change in Control, you undergo (or have undergone) that Change in Control;
h) you undergo an event referred to in Clause 7.8;
i) you have made, or we reasonably suspect that you have made, any false or misleading representation to us in connection with this Contract (whether by act or omission, and whether before or after the Commencement Date);
j) your registration as a registered training organisation under the Act or the National Act is suspended, withdrawn, cancelled or otherwise ceases;
gk) an Other VET Funding Arrangement Termination Event occurswe terminate any other contract with you regarding government-subsidised training under any provision of that contract other than on a ground equivalent to a ground set out in one of Clauses 17.1, 17.4(f), 17.4(g), 17.4(h) and 17.4(j);
l) we terminate any contract with a Related Training Provider regarding government- subsidised training under any provision of that contract other than on a ground equivalent to a ground set out in one of Clauses 17.1, 17.4(f), 17.4(g), 17.4(h) and 17.4(j);
Appears in 1 contract
Sources: Vet Funding Contract
Termination Rights. 17.1 In addition (a) If any of the following conditions occur during the FIT Term, then the Company shall have the right to terminate this Agreement:
(i) The Seller, by act or omission, materially breaches or defaults on any material covenant, condition or other termination rights it hasprovision of this Agreement, and fails to cure such breach or default within thirty (30) Days after written notice of such breach or default from the Company, unless such breach or default cannot be cured within thirty (30) Days and the Seller is making diligent efforts to cure such breach or default, provided, however, that if such breach or default is not cured within one hundred eighty (180) Days of such notice, the Department Company may terminate this Contract at any time by issuing Agreement;
(ii) The Seller makes a Notice to general assignment for the Training Provider. Such benefit of its creditors;
(iii) The Seller files bankruptcy, has a termination will take effect 20 Business Days after the Notice takes effect under Clause 14.2petition for involuntary bankruptcy filed against it, or at any later time specified in the Notice.has a receiver appointed because of insolvency; Superseding Sheet No. 144G REVISED SHEET NO. 144G Effective October 22, 2010 Effective December 22, 2014
17.2 If the Department terminates this Contract under Clause 17.1, it will determine and pay:
a(iv) amounts that, in its reasonable opinion, are due and payable under Clause 8 as at the date of termination; and
b) reasonable costs (but not including loss of profit The Seller’s dissolution or income) that, in its reasonable opinion, have been necessarily and directly incurred by the Training Provider as a result of the termination, provided that the Training Provider has, to the reasonable satisfaction of the Department:
i) used its best efforts to minimise any costs arising as a result of the termination; and
ii) provided adequate documentary evidence to substantiate those costs.
17.3 This Contract may be terminated at any time by written agreement between the Parties.
17.4 The Department may terminate this Contract immediately by issuing a Notice to the Training Provider if:
a) the Training Provider commits a Material Breachliquidation;
b(v) the Training Provider commits a breach of this Contract (whether or not it is a Material Breach) which cannot be remedied;
c) the Training Provider commits a breach of this Contract (whether or not it is a Material Breach) and it:
i) fails to commence action to remedy the breach within 10 Business Days after the Department has served a Notice requiring it to do so; or
ii) having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the Department's Notice;
d) without limiting paragraphs (a) to (c), the Training Provider fails to provide some or all of the Training Services for which Funds have been claimed and/or paid or any such Training Services are not provided to a standard satisfactory to the Department;
e) there has been any The Seller’s actual fraud, waste, tampering with Company owned facilities, theft of Company property or the Department reasonably suspects any fraud, relating to the Training Provider other material intentional misrepresentation or the Funds, or there has been any misappropriation of Funds by the Training Provider or any other misleading or deceptive conduct on the part of the Training Provider misconduct in connection with this Contract or Agreement and/or the claiming, receipt or use operation of the FundsFacility;
f(vi) The Seller’s abandonment of construction or operation of the Training Provider’s registration as a registered training organisation under the Act or the National Act is suspended, withdrawn, cancelled or otherwise ceasesFacility;
g(vii) an Other VET Funding Arrangement The Seller’s failure to maintain required interconnection equipment in accordance with Section 4 (Seller’s Obligations); or
(viii) If due to a Force Majeure event Seller is prevented from performing any material obligation under this Agreement for one hundred eighty (180) Days or longer.
(ix) The Seller fails to meet any Facility Development Milestone set forth in paragraph 11(a) below
(x) The Seller fails to achieve the In-Service Date by the Guaranteed In-Service Date.
(b) Before terminating this Agreement for cause under Paragraph 10(a)(i) through (viii), the Company shall give written notice to the Seller of the existence of one or more of the above conditions allowing termination for cause and of the Company's intention to exercise its termination rights if the condition is not corrected to the satisfaction of Company. Upon receipt of the Company's notice of intent to terminate for cause, the Seller shall have thirty (30) Days in which to correct the noted condition to the satisfaction of the Company. Termination Event occurs;of this Agreement for cause under Paragraph 10(a)(ix) and (x) shall be governed by the process set forth in Company’s Schedule FIT Tier 1 And 2 Tariff, which is hereby incorporated by reference.
(c) The Seller may terminate the Agreement if the Company, (i) by act or omission, materially breaches or defaults on any material covenant, condition or other provision of this Agreement, and fails to cure such breach or default within thirty (30) Days after written notice of such breach or default from the Seller, unless such breach or default cannot be cured within thirty (30) Days and the Company is making diligent efforts to cure such breach or default, provided, however, that if such breach or default is not cured within one hundred eighty (180) Days of such notice, the Seller may terminate this Agreement or (ii) due to a Force Majeure event is prevented from performing any material obligation under this Agreement for one hundred eighty (180) Days or longer.
(d) A Tier 2 Seller shall provide Company a minimum of three (3) months written notice prior to ceasing operations at the Facility for reasons other than Force Majeure events or such Seller shall be subject to liquidated damages equal to the highest three months of revenues received under this Agreement during the last twelve months prior to terminating operation, due and payable to the Company upon receipt of billing from the Company, and such other penalties as may be determined by the Commission.
Appears in 1 contract
Termination Rights. 17.1 In ▇▇.▇. ▇▇ addition to any other termination rights it hashas to terminate this VET Funding Contract, the Department may in its sole and absolute discretion terminate this VET Funding Contract at any time by issuing a Notice to giving the Training Provider. Such a termination will take effect RTO 20 Business Days after written notice of termination. In the Notice takes effect under Clause 14.2, or at any later time specified in the Notice.
17.2 If event that the Department terminates this VET Funding Contract under in accordance with this Clause 17.118.1, it subject to Clauses 7.3, 17 and 18.5, the Department will determine and pay:
a) amounts that, in its the reasonable opinionopinion of the Department, are due and payable under Clause 8 7 of this VET Funding Contract as at the date of termination; and
b) reasonable costs (but not including loss of profit or income) that, in its the reasonable opinionopinion of the Department, have been necessarily and directly incurred by the Training Provider RTO as a result of the termination, provided that the Training Provider RTO has, to the reasonable satisfaction of the Department:
i) used its best efforts to minimise any costs arising as a result of the termination; and
ii) provided adequate documentary evidence to substantiate those costs. The RTO acknowledges and agrees that any amount paid by the Department will be finally determined by the Department.
17.3 18.2. This VET Funding Contract may be terminated at any time by written agreement between the Parties.
17.4 18.3. The Department may at its absolute discretion terminate this VET Funding Contract immediately by issuing a Notice written notice to the Training Provider RTO if:
a) the Training Provider RTO commits a Material BreachBreach of this VET Funding Contract;
b) the Training Provider RTO commits a breach of this VET Funding Contract (whether or not it is a Material Breach) which cannot be remedied;
c) the Training Provider RTO commits a breach of this VET Funding Contract (whether or not it is a Material Breach) and itthe RTO:
i) fails to commence action to remedy the breach within 10 Business Days after the Department has served a Notice notice requiring it to do so; or
ii) having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the Department's Noticenotice;
d) without limiting paragraphs (Clauses 18.3 a), b) to (or c), the Training Provider RTO fails to provide some or all of the Training Services for which Funds have been claimed and/or paid or any such if the Training Services are not provided to a standard satisfactory to the Department;
e) there has been any fraud, fraud or the Department reasonably suspects any fraud, suspected fraud relating to the Training Provider RTO or the Funds, or there has been any misappropriation of Funds by the Training Provider RTO or there has otherwise been any other misleading or deceptive conduct on the part of the Training Provider RTO in connection with this VET Funding Contract or the claiming, receipt provision or use of the Funds;
f) an Insolvency Event occurs in relation to the Training Provider’s registration RTO;
g) at any time, the ultimate holding company of the RTO (as defined in Section 9 of the Corporations Act 2001 (Cth)), as at the date of this VET Funding Contract ceases to be the ultimate holding company of the RTO; or if there is a registered training organisation under change which the Act Department (acting reasonably) considers material in the ownership of the RTO;
h) the RTO has made, or the National Act Department reasonably suspects that the RTO has made any false or misleading representation to the Department in connection with this VET Funding Contract (whether by act or omission, and whether before or after the Commencement Date);
i) the registration of the RTO under applicable legislation is suspended, withdrawn, cancelled or otherwise ceases;
j) the Department terminates any other contract with the RTO regarding government subsidised training pursuant to any provision of that contract other than a provision equivalent to Clause 18.1, 18.3f), 18.3g), or 18.3i); and/or
k) the Department terminates any contract with a Related RTO regarding government subsidised training pursuant to any provision of that contract other than a provision equivalent to Clause 18.1, 18.3f), 18.3g), or 18.3i).
18.4. The RTO must promptly notify the Department if, at any time after the making of the RTO’s initial response to the Expression of Interest Process, the RTO becomes subject to an Other Insolvency Event or if any event occurs to which Clause 18.3.g) or Clause 18.3.i) applies.
18.5. If the Department terminates this VET Funding Arrangement Termination Contract other than under Clause 18.1, or under Clause 18.3(f)) from the date of an Insolvency Event occurs;occurring as envisaged under (c) to (j) of the definition of an Insolvency Event, or Clause 18.3 (i) from the date of suspension or cancellation, the Department may require the RTO to refund such amount of the Funds previously paid by the Department as the Department reasonably deems appropriate (together with interest calculated daily at the rate prescribed under the Penalty Interest Rates Act 1983 (Vic) for the period between the Department demanding the refund and the RTO refunding the Funds).
18.6. If there is any change in the direct or beneficial ownership or control of the RTO (including by a change to the RTO's ultimate holding company or its being replaced), the Department may in its sole and absolute discretion by notice in writing to the RTO terminate this VET Funding Contract, such termination to take effect at any time within the immediately succeeding 12 months after the Department became aware of the change.
Appears in 1 contract
Sources: Vet Funding Contract
Termination Rights. 17.1 In addition (a) If any of the following conditions occur during the FIT Term, then the Company shall have the right to terminate this Agreement:
(i) The Seller, by act or omission, materially breaches or defaults on any material covenant, condition or other termination rights it hasprovision of this Agreement, and fails to cure such breach or default within thirty (30) Days after written notice of such breach or default from the Company, unless such breach or default cannot be cured within thirty (30) Days and the Seller is making diligent efforts to cure such breach or default, provided, however, that if such breach or default is not cured within one hundred eighty (180) Days of such notice, the Department Company may terminate this Contract at any time by issuing Agreement;
(ii) The Seller makes a Notice to general assignment for the Training Provider. Such benefit of its creditors;
(iii) The Seller files bankruptcy, has a termination will take effect 20 Business Days after the Notice takes effect under Clause 14.2petition for involuntary bankruptcy filed against it, or at any later time specified in the Notice.has a receiver appointed because of insolvency; Superseded Sheet No. 100G REVISED SHEET NO. 100G Effective October 22, 2010 Effective December 22, 2014
17.2 If the Department terminates this Contract under Clause 17.1, it will determine and pay:
a(iv) amounts that, in its reasonable opinion, are due and payable under Clause 8 as at the date of termination; and
b) reasonable costs (but not including loss of profit The Seller’s dissolution or income) that, in its reasonable opinion, have been necessarily and directly incurred by the Training Provider as a result of the termination, provided that the Training Provider has, to the reasonable satisfaction of the Department:
i) used its best efforts to minimise any costs arising as a result of the termination; and
ii) provided adequate documentary evidence to substantiate those costs.
17.3 This Contract may be terminated at any time by written agreement between the Parties.
17.4 The Department may terminate this Contract immediately by issuing a Notice to the Training Provider if:
a) the Training Provider commits a Material Breachliquidation;
b(v) the Training Provider commits a breach of this Contract (whether or not it is a Material Breach) which cannot be remedied;
c) the Training Provider commits a breach of this Contract (whether or not it is a Material Breach) and it:
i) fails to commence action to remedy the breach within 10 Business Days after the Department has served a Notice requiring it to do so; or
ii) having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the Department's Notice;
d) without limiting paragraphs (a) to (c), the Training Provider fails to provide some or all of the Training Services for which Funds have been claimed and/or paid or any such Training Services are not provided to a standard satisfactory to the Department;
e) there has been any The Seller’s actual fraud, waste, tampering with Company owned facilities, theft of Company property or the Department reasonably suspects any fraud, relating to the Training Provider other material intentional misrepresentation or the Funds, or there has been any misappropriation of Funds by the Training Provider or any other misleading or deceptive conduct on the part of the Training Provider misconduct in connection with this Contract or Agreement and/or the claiming, receipt or use operation of the FundsFacility;
f(vi) The Seller’s abandonment of construction or operation of the Training Provider’s registration as a registered training organisation under the Act or the National Act is suspended, withdrawn, cancelled or otherwise ceasesFacility;
g(vii) an Other VET Funding Arrangement The Seller’s failure to maintain required interconnection equipment in accordance with Section 4 (Seller’s Obligations); or
(viii) If due to a Force Majeure event Seller is prevented from performing any material obligation under this Agreement for one hundred eighty (180) Days or longer.
(ix) The Seller fails to meet any Facility Development Milestone set forth in paragraph 11(a) below
(x) The Seller fails to achieve the In-Service Date by the Guaranteed In-Service Date.
(b) Before terminating this Agreement for cause under Paragraph 10(a)(i) through (viii), the Company shall give written notice to the Seller of the existence of one or more of the above conditions allowing termination for cause and of the Company's intention to exercise its termination rights if the condition is not corrected to the satisfaction of Company. Upon receipt of the Company's notice of intent to terminate for cause, the Seller shall have thirty (30) Days in which to correct the noted condition to the satisfaction of the Company. Termination Event occurs;of this Agreement for cause under Paragraph 10(a)(ix) and (x) shall be governed by the process set forth in Company’s Schedule FIT Tier 1 And 2 Tariff, which is hereby incorporated by reference.
(c) The Seller may terminate the Agreement if the Company, (i) by act or omission, materially breaches or defaults on any material covenant, condition or other provision of this Agreement, and fails to cure such breach or default within thirty (30) Days after written notice of such breach or default from the Seller, unless such breach or default cannot be cured within thirty (30) Days and the Company is making diligent efforts to cure such breach or default, provided, however, that if such breach or default is not cured within one hundred eighty (180) Days of such notice, the Seller may terminate this Agreement or (ii) due to a Force Majeure event is prevented from performing any material obligation under this Agreement for one hundred eighty (180) Days or longer.
(d) A Tier 2 Seller shall provide Company a minimum of three (3) months written notice prior to ceasing operations at the Facility for reasons other than Force Majeure events or such Seller shall be subject to liquidated damages equal to the highest three months of revenues received under this Agreement during the last twelve months prior to terminating operation, due and payable to the Company upon receipt of billing from the Company, and such other penalties as may be determined by the Commission.
Appears in 1 contract
Termination Rights. 17.1 18.1. In addition to any other termination rights it hashas to terminate this VET Funding Contract, the Department may in its sole and absolute discretion terminate this VET Funding Contract at any time by issuing a Notice to giving the Training Provider. Such a termination will take effect RTO 20 Business Days after written notice of termination. In the Notice takes effect under Clause 14.2, or at any later time specified in the Notice.
17.2 If event that the Department terminates this VET Funding Contract under in accordance with this Clause 17.118.1, it subject to Clauses 7.3, 17 and 18.5, the Department will determine and pay:
a) amounts that, in its the reasonable opinionopinion of the Department, are due and payable under Clause 8 7 of this VET Funding Contract as at the date of termination; and
b) reasonable costs (but not including loss of profit or income) that, in its the reasonable opinionopinion of the Department, have been necessarily and directly incurred by the Training Provider RTO as a result of the termination, provided that the Training Provider RTO has, to the reasonable satisfaction of the Department:
i) used its best efforts to minimise any costs arising as a result of the termination; and
ii) provided adequate documentary evidence to substantiate those costs. The RTO acknowledges and agrees that any amount paid by the Department will be finally determined by the Department.
17.3 18.2. This VET Funding Contract may be terminated at any time by written agreement between the Parties.
17.4 18.3. The Department may at its absolute discretion terminate this VET Funding Contract immediately by issuing a Notice written notice to the Training Provider RTO if:
a) the Training Provider RTO commits a Material BreachBreach of this VET Funding Contract;
b) the Training Provider RTO commits a breach of this VET Funding Contract (whether or not it is a Material Breach) which cannot be remedied;
c) the Training Provider RTO commits a breach of this VET Funding Contract (whether or not it is a Material Breach) and itthe RTO:
i) fails to commence action to remedy the breach within 10 Business Days after the Department has served a Notice notice requiring it to do so; or
ii) having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the Department's Noticenotice;
d) without limiting paragraphs (Clauses 18.3 a), b) to (or c), the Training Provider RTO fails to provide some or all of the Training Services for which Funds have been claimed and/or paid or any such if the Training Services are not provided to a standard satisfactory to the Department;
e) there has been any fraud, fraud or the Department reasonably suspects any fraud, suspected fraud relating to the Training Provider RTO or the Funds, or there has been any misappropriation of Funds by the Training Provider RTO or there has otherwise been any other misleading or deceptive conduct on the part of the Training Provider RTO in connection with this VET Funding Contract or the claiming, receipt provision or use of the Funds;
f) the Training Provider’s registration as a registered training organisation under the Act or the National Act is suspended, withdrawn, cancelled or otherwise ceases;
g) an Other VET Funding Arrangement Termination Event occurs;
Appears in 1 contract
Sources: Vet Funding Contract
Termination Rights. 17.1 In ▇▇.▇. ▇▇ addition to any other termination rights it hashas to terminate this VET Funding Contract, the Department may in its sole and absolute discretion terminate this VET Funding Contract at any time by issuing a Notice to giving the Training Provider. Such a termination will take effect RTO 20 Business Days after written notice of termination. In the Notice takes effect under Clause 14.2, or at any later time specified in the Notice.
17.2 If event that the Department terminates this VET Funding Contract under in accordance with this Clause 17.1, it subject to Clauses 7.3, 16 and 17.5, the Department will determine and pay:
a) amounts that, in its the reasonable opinionopinion of the Department, are due and payable under Clause 8 7 of this VET Funding Contract as at the date of termination; and
b) reasonable costs (but not including loss of profit or income) that, in its the reasonable opinionopinion of the Department, have been necessarily and directly incurred by the Training Provider RTO as a result of the termination, provided that the Training Provider RTO has, to the reasonable satisfaction of the Department:
i) used its best efforts to minimise any costs arising as a result of the termination; and
ii) provided adequate documentary evidence to substantiate those costs. The RTO acknowledges and agrees that any amount paid by the Department will be finally determined by the Department.
17.3 17.2. This VET Funding Contract may be terminated at any time by written agreement between the Parties.
17.4 17.3. The Department may terminate this VET Funding Contract immediately by issuing a Notice written notice to the Training Provider RTO if:
a) the Training Provider RTO commits a Material BreachBreach of this VET Funding Contract;
b) the Training Provider RTO commits a breach of this VET Funding Contract (whether or not it is a Material Breach) which cannot be remedied;
c) the Training Provider RTO commits a breach of this VET Funding Contract (whether or not it is a Material Breach) and itthe RTO:
i) fails to commence action to remedy the breach within 10 Business Days after the Department has served a Notice notice requiring it to do so; or
ii) having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the Department's Noticenotice;
d) without limiting paragraphs (Clauses 17.3 a), b) to (or c), the Training Provider RTO fails to provide some or all of the Training Services for which Funds have been claimed and/or paid or any such if the Training Services are not provided to a standard satisfactory to the Department;
e) there has been any fraud, fraud or the Department reasonably suspects any fraud, suspected fraud relating to the Training Provider RTO or the Funds, or there has been any misappropriation of Funds by the Training Provider RTO or there has otherwise been any other misleading or deceptive conduct on the part of the Training Provider RTO in connection with this VET Funding Contract or the claiming, receipt provision or use of the Funds;
f) the Training Provider’s registration as a registered training organisation of the RTO under the Act or the National Act applicable legislation is suspended, withdrawn, cancelled or otherwise ceases;
g) the Institute is abolished under section 3.1.11(1)(b) of the Act;
h) the Board/Council is abolished under section 3.1.12(1(b) of the Act; and/or
i) an Other administrator is appointed under section 3.1.21 of the Act.
17.4. The RTO must promptly notify the Department if any event occurs that may be covered by Clauses 17.3 f) to 17.3 i).
17.5. If the Department terminates this VET Funding Arrangement Termination Event occurs;Contract other than under Clause 17.1, or under Clause 17.3 f) from the date of suspension or cancellation, or under Clause 17.3 g) to i) from the date of the event, the Department may require the RTO to refund such amount of the Funds previously paid by the Department as the Department reasonably deems appropriate (together with interest calculated daily at the rate prescribed under the Penalty Interest Rates Act 1983 (Vic) for the period between the Department demanding the refund and the RTO refunding the Funds).
Appears in 1 contract
Sources: Vet Funding Contract
Termination Rights. 17.1 In addition to any other termination rights it has, 24.1 Termination for cause by the Department DLM Forum
24.1.1 The DLM Forum may terminate this Contract Agreement by giving written notice of termination to the Test Centre if one or more of the circumstances set out in clause 24.1.4 exist.
24.1.2 Where the DLM Forum is terminating this Agreement for a material Default of this Agreement or one of the specific provisions in clause 24.1.4 it may rely on a single material Default or on a number of Defaults or repeated Defaults that taken together constitute a material Default.
24.1.3 Where a material Default is capable of remedy the parties shall follow the process set out at clause 21. If the remedial plan process fails then the DLM Forum may terminate this Agreement at any time following such failure by issuing a Notice giving written notice of termination to the Training Provider. Such a termination will take effect 20 Business Days after Test Centre and this Agreement shall terminate on the last day of the period specified by the DLM Forum in its notice, which shall not be less than thirty (30) calendar days from the date on which the Termination Notice takes effect under Clause 14.2, or at any later time specified in is sent to the NoticeTest Centre.
17.2 If 24.1.4 The circumstances giving rise to the Department terminates this Contract under Clause 17.1, it will determine and payDLM Forum's right to terminate are:
a24.1.4.1 the Test Centre is in material Default which it has failed to remedy in accordance with the remedial plan process;
24.1.4.2 the Test Centre commits a material Default of this Agreement which is irremediable;
24.1.4.3 the Test Centre receives three (3) amounts that, or more Warning Notices in its reasonable opinion, are due and payable under Clause 8 as at any period of six (6) consecutive months;
24.1.4.4 an Insolvency Event affecting the date of termination; andTest Centre occurs;
b) reasonable costs (but not including loss of profit 24.1.4.5 any act or income) that, in its reasonable opinion, have been necessarily and directly incurred by the Training Provider as a result omission of the terminationTest Centre or, provided any Affiliate of the Test Centre, that results in material damage to the Training Provider hasreputation of the DLM Forum where the Test Centre does not, within twenty (20) calendar days of receiving notice of such act or omission from the DLM Forum and its effect, ensure that procedures are implemented that are likely, to the reasonable satisfaction of the Department:DLM Forum, to prevent a repetition or the continuance of such embarrassment or damage to reputation and which mitigate, so far as practicable, the initial damage to reputation and/or embarrassment.
i) used its best efforts to minimise any costs arising as a result 24.2 The rights of the termination; and
iiDLM Forum (to terminate or otherwise) provided adequate documentary evidence under this clause 24 are in addition (and without prejudice) to substantiate those costs.
17.3 This Contract any other right or remedy which the DLM Forum (or a Supplier under a third party rights clause) may be terminated at have to claim the amount of loss or damage suffered by the DLM Forum on account of the acts or omissions of the Test Centre (or to take any time by written agreement between the Parties.
17.4 The Department may terminate this Contract immediately by issuing a Notice to the Training Provider if:
a) the Training Provider commits a Material Breach;
b) the Training Provider commits a breach action other than termination of this Contract (whether or not it is a Material Breach) which cannot be remedied;
c) the Training Provider commits a breach of this Contract (whether or not it is a Material Breach) and it:
i) fails to commence action to remedy the breach within 10 Business Days after the Department has served a Notice requiring it to do so; or
ii) having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the Department's Notice;
d) without limiting paragraphs (a) to (cAgreement), the Training Provider fails to provide some or all of the Training Services for which Funds have been claimed and/or paid or any such Training Services are not provided to a standard satisfactory to the Department;
e) there has been any fraud, or the Department reasonably suspects any fraud, relating to the Training Provider or the Funds, or there has been any misappropriation of Funds by the Training Provider or any other misleading or deceptive conduct on the part of the Training Provider in connection with this Contract or the claiming, receipt or use of the Funds;
f) the Training Provider’s registration as a registered training organisation under the Act or the National Act is suspended, withdrawn, cancelled or otherwise ceases;
g) an Other VET Funding Arrangement Termination Event occurs;.
Appears in 1 contract
Sources: Testing Services Agreement
Termination Rights. 17.1 In ▇▇.▇. ▇▇ addition to any other termination rights it hashas to terminate this VET Funding Contract, the Department may in its sole and absolute discretion terminate this VET Funding Contract at any time by issuing a Notice to giving the Training Provider. Such a termination will take effect RTO 20 Business Days after written notice of termination. In the Notice takes effect under Clause 14.2, or at any later time specified in the Notice.
17.2 If event that the Department terminates this VET Funding Contract under in accordance with this Clause 17.118.1, it subject to Clauses 7.3, 17 and 18.5, the Department will determine and pay:
a) amounts that, in its the reasonable opinionopinion of the Department, are due and payable under Clause 8 7 of this VET Funding Contract as at the date of termination; and
b) reasonable costs (but not including loss of profit or income) that, in its the reasonable opinionopinion of the Department, have been necessarily and directly incurred by the Training Provider RTO as a result of the termination, provided that the Training Provider RTO has, to the reasonable satisfaction of the Department:
i) used its best efforts to minimise any costs arising as a result of the termination; and
ii) provided adequate documentary evidence to substantiate those costs. The RTO acknowledges and agrees that any amount paid by the Department will be finally determined by the Department.
17.3 18.2. This VET Funding Contract may be terminated at any time by written agreement between the Parties.
17.4 18.3. The Department may at its absolute discretion terminate this VET Funding Contract immediately by issuing a Notice written notice to the Training Provider RTO if:
a) the Training Provider RTO commits a Material BreachBreach of this VET Funding Contract;
b) the Training Provider RTO commits a breach of this VET Funding Contract (whether or not it is a Material Breach) which cannot be remedied;
c) the Training Provider RTO commits a breach of this VET Funding Contract (whether or not it is a Material Breach) and itthe RTO:
i) fails to commence action to remedy the breach within 10 Business Days after the Department has served a Notice notice requiring it to do so; or
ii) having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the Department's Noticenotice;
d) without limiting paragraphs (Clauses 18.3 a), b) to (or c), the Training Provider RTO fails to provide some or all of the Training Services for which Funds have been claimed and/or paid or any such if the Training Services are not provided to a standard satisfactory to the Department;
e) there has been any fraud, fraud or the Department reasonably suspects any fraud, suspected fraud relating to the Training Provider RTO or the Funds, or there has been any misappropriation of Funds by the Training Provider RTO or there has otherwise been any other misleading or deceptive conduct on the part of the Training Provider RTO in connection with this VET Funding Contract or the claiming, receipt provision or use of the Funds;
f) the Training Provider’s registration as a registered training organisation of the RTO under the Act or the National Act applicable legislation is suspended, withdrawn, cancelled or otherwise ceases;
g) the Institute is abolished under section 3.1.11(1)(b) of the Act;
h) the Board/Council is abolished under section 3.1.12(1(b) of the Act; and/or
i) an Other administrator is appointed under section 3.1.21 of the Act.
18.4. The RTO must promptly notify the Department if any event occurs that may be covered by Clauses 18.3 f) to 18.3 i).
18.5. If the Department terminates this VET Funding Arrangement Termination Event occurs;Contract other than under Clause 18.1, or under Clause 18.3 f) from the date of suspension or cancellation, or under Clause 18.3 g) to i) from the date of the event, the Department may require the RTO to refund such amount of the Funds previously paid by the Department as the Department reasonably deems appropriate (together with interest calculated daily at the rate prescribed under the Penalty Interest Rates Act 1983 (Vic) for the period between the Department demanding the refund and the RTO refunding the Funds).
Appears in 1 contract
Sources: Vet Funding Contract
Termination Rights. 17.1 In addition (a) If any of the following conditions occur during the FIT Term, then the Company shall have the right to terminate this Agreement:
(i) The Seller, by act or omission, materially breaches or defaults on any material covenant, condition or other termination rights it hasprovision of this Agreement, and fails to cure such breach or default within thirty (30) Days after written notice of such breach or default from the Company, unless such breach or default cannot be cured within thirty (30) Days and the Seller is making diligent efforts to cure such breach or default, provided, however, that if such breach or default is not cured within one hundred eighty (180) Days of such notice, the Department Company may terminate this Contract at any time by issuing Agreement;
(ii) The Seller makes a Notice to general assignment for the Training Provider. Such benefit of its creditors;
(iii) The Seller files bankruptcy, has a termination will take effect 20 Business Days after the Notice takes effect under Clause 14.2petition for involuntary bankruptcy filed against it, or at any later time specified in the Notice.has a receiver appointed because of insolvency; Superseding Sheet No. 86G REVISED SHEET NO. 86G Effective December 22, 2014 Effective December 10, 2018
17.2 If the Department terminates this Contract under Clause 17.1, it will determine and pay:
a(iv) amounts that, in its reasonable opinion, are due and payable under Clause 8 as at the date of termination; and
b) reasonable costs (but not including loss of profit The Seller’s dissolution or income) that, in its reasonable opinion, have been necessarily and directly incurred by the Training Provider as a result of the termination, provided that the Training Provider has, to the reasonable satisfaction of the Department:
i) used its best efforts to minimise any costs arising as a result of the termination; and
ii) provided adequate documentary evidence to substantiate those costs.
17.3 This Contract may be terminated at any time by written agreement between the Parties.
17.4 The Department may terminate this Contract immediately by issuing a Notice to the Training Provider if:
a) the Training Provider commits a Material Breachliquidation;
b(v) the Training Provider commits a breach of this Contract (whether or not it is a Material Breach) which cannot be remedied;
c) the Training Provider commits a breach of this Contract (whether or not it is a Material Breach) and it:
i) fails to commence action to remedy the breach within 10 Business Days after the Department has served a Notice requiring it to do so; or
ii) having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the Department's Notice;
d) without limiting paragraphs (a) to (c), the Training Provider fails to provide some or all of the Training Services for which Funds have been claimed and/or paid or any such Training Services are not provided to a standard satisfactory to the Department;
e) there has been any The Seller’s actual fraud, waste, tampering with Company owned facilities, theft of Company property or the Department reasonably suspects any fraud, relating to the Training Provider other material intentional misrepresentation or the Funds, or there has been any misappropriation of Funds by the Training Provider or any other misleading or deceptive conduct on the part of the Training Provider misconduct in connection with this Contract or Agreement and/or the claiming, receipt or use operation of the FundsFacility;
f(vi) The Seller’s abandonment of construction or operation of the Training Provider’s registration as a registered training organisation under the Act or the National Act is suspended, withdrawn, cancelled or otherwise ceasesFacility;
g(vii) an Other VET Funding Arrangement The Seller’s failure to maintain required interconnection equipment in accordance with Section 4 (Seller’s Obligations); or
(viii) If due to a Force Majeure event Seller is prevented from performing any material obligation under this Agreement for one hundred eighty (180) Days or longer.
(ix) The Seller fails to meet any Facility Development Milestone set forth in paragraph 11(a) below
(x) The Seller fails to achieve the In-Service Date by the Guaranteed In-Service Date.
(b) Before terminating this Agreement for cause under Paragraph 10(a)(i) through (viii), the Company shall give written notice to the Seller of the existence of one or more of the above conditions allowing termination for cause and of the Company's intention to exercise its termination rights if the condition is not corrected to the satisfaction of Company. Upon receipt of the Company's notice of intent to terminate for cause, the Seller shall have thirty (30) Days in which to correct the noted condition to the satisfaction of the Company. Termination Event occurs;of this Agreement for cause under Paragraph 10(a)(ix) and (x) shall be governed by the process set forth in Company’s Schedule FIT Tier 1 And 2 Tariff, which is hereby incorporated by reference.
(c) The Seller may terminate the Agreement if the Company, (i) by act or omission, materially breaches or defaults on any material covenant, condition or other provision of this Agreement, and fails to cure such breach or default within thirty (30) Days after written notice of such breach or default from the Seller, unless such breach or default cannot be cured within thirty (30) Days and the Company is making diligent efforts to cure such breach or default, provided, however, that if such breach or default is not cured within one hundred eighty (180) Days of such notice, the Seller may terminate this Agreement or (ii) due to a Force Majeure event is prevented from performing any material obligation under this Agreement for one hundred eighty (180) Days or longer.
(d) A Tier 2 Seller shall provide Company a minimum of three (3) months written notice prior to ceasing operations at the Facility for reasons other than Force Majeure events or such Seller shall be subject to liquidated damages equal to the highest three months of revenues received under this Agreement during the last twelve months prior to terminating operation, due and payable to the Company upon receipt of billing from the Company, and such other penalties as may be determined by the Commission. Superseding Sheet No. 86H REVISED SHEET NO. 86H Effective December 22, 2014 Effective December 10, 2018
Appears in 1 contract