Termination without Prior Notice. In the event the Contractor materially fails to meet its obligations under this Contract or has otherwise violated the laws, regulations, or rules that govern the Medicare or MassHealth programs, CMS or EOHHS may take any or all action under this Contract, law, or equity, including but not limited to immediate termination of this Contract. CMS or EOHHS may terminate the Contract in accordance with regulations that are current at the time of the termination. Without limiting the above, if CMS or EOHHS determine that participation of the Contractor in the Medicare or MassHealth program or in the Demonstration, may threaten or endanger the health, safety, or welfare of Enrollees or compromise the integrity of the Medicare or MassHealth program, CMS or EOHHS, without prior notice, may immediately terminate this Contract, suspend the Contractor from participation, withhold any future payments to the Contractor, or take any or all other actions under this Contract, law, or equity. Such action may precede beneficiary enrollment into any Contractor, and shall be taken upon a finding by CMS or EOHHS that the Contractor has not achieved and demonstrated a state of readiness that will allow for the safe and efficient provision of Medicare‑Medicaid services to Medicare‑Medicaid Beneficiaries. United States law will apply to resolve any claim of breach of this Contract. CMS or EOHHS may terminate this Contract without cause upon no less than ninety (90) days prior written notice to the other party specifying the termination date, unless applicable law requires otherwise. Per Section 5.7, the Contractor may choose to non‑renew prior to the end of each term pursuant to 42 C.F.R. § 422.506(a), except that in Demonstration Year 1 the Contractor may choose to non‑renew before August 1 and may terminate the contract by mutual consent of CMS and EOHHS at any time pursuant to 42 C.F.R. § 422.508. In considering requests for termination under 42 C.F.R. § 422.508, CMS and EOHHS will consider, among other factors, financial performance under this Contract in granting consent for termination. Any written communications or oral scripts developed to implement the requirements of 42 C.F.R. § 422.506(a) must be submitted to and approved by CMS and EOHHS prior to their use. Pursuant to 42 C.F.R. §§ 422.506(a)(4) and 422.508(c), CMS considers Contractor termination of this Contract with prior notice as described in Section 5.5.2.1 and non‑renewal of this Contract as described in Section...
Termination without Prior Notice. In the event the Contractor materially fails to meet its obligations under this Contract or has otherwise violated the laws, regulations, or rules that govern the Medicare or MassHealth programs, CMS or EOHHS may take any or all action under this Contract, law, or equity, including but not limited to immediate termination of this Contract. CMS or EOHHS may terminate the Contract in accordance with regulations that are current at the time of the termination. Without limiting the above, if CMS or EOHHS determine that participation of the Contractor in the Medicare or MassHealth program or in the Demonstration, may threaten or endanger the health, safety, or welfare of Enrollees or compromise the integrity of the Medicare or MassHealth program, CMS or EOHHS, without prior notice, may immediately terminate this Contract, suspend the Contractor from participation, withhold any future payments to the Contractor, or take any or all other actions under this Contract, law, or equity. Such action may precede beneficiary enrollment into any Contractor, and shall be taken upon a finding by CMS or EOHHS that the Contractor has not achieved and demonstrated a state of readiness that will allow for the safe and efficient provision of Medicare-Medicaid services to Medicare-Medicaid Beneficiaries. United States law will apply to resolve any claim of breach of this Contract.
Termination without Prior Notice. BIOSHAFT may immediately end the term of this Agreement by written notice without prior advance notice to XXXXXX XXXXXX in the event XXXXXX XXXXXX shall violate any term, provision, covenant, condition or agreement herein contained, and such violation shall continue for a period of thirty (30) days after written notice from BIOSHAFT or under the following circumstances BIOSHAFT shall be entitled without liability therefore to terminate this Agreement forthwith:
(i) In the event of XXXXXX XXXXXX'x voluntary bankruptcy, insolvency, liquidation, receivership, or trusteeship; make a composition with its creditors or enter into any similar proceeding of the same nature.
(ii) In the event XXXXXX XXXXXX shall cease to exist as a company through operation of law or otherwise; or
(iii) In the event that XXXXXX XXXXXX violates the territorial limitations;
Termination without Prior Notice. (a) Sections 11.02(b)(vi) is hereby deleted in its entirety.
(b) Section 11.02 (e) is hereby deleted in its entirety and replaced with the following: “Franchisee operates each Location with separate broker licenses. With respect to the license for any individual Location, suspension or revocation of the broker’s license; unless Franchisee timely appoints a substitute broker as permitted under applicable law (it being understood that the timely appointment of replacement broker is dependent on multiple factors, including, but not limited to, the filing of the appropriate paperwork with regulatory agencies); such termination will be applicable solely to the individual Location(s) and Franchisee shall immediately close any such affected Location.”
(c) Section 11.02 (i) is hereby deleted in its entirety and replaced with the following: “If Franchisee engages in any activity in material violation of Article VII of this Franchise Agreement that could not, under any circumstances (as determined by Franchisor in its reasonable discretion), result in a complete cure or remedy of any damage caused by such violations.
(d) Section 11.02 (j) is hereby deleted in its entirety and replaced with the following: “If Franchisee materially violates trust account rules and regulations.”
Termination without Prior Notice. Either party may immediately terminate this Agreement, by operation of law and without demand, by written notice of the other party (i) in the event of the other party’s voluntary bankruptcy or insolvency or liquidation (or similar event), or (ii) in the event that the other party shall make an assignment for the benefit of creditors (or arrangement with creditors or other procedures provided for by Italian bankruptcy law or similar event under foreign law), or (iii) in the event provided for in Article 17.
Termination without Prior Notice. Franchisor shall have the right to terminate this Agreement without prior notice to Franchisee upon the occurrence of any or all of the following events, each of which shall be deemed an incurable breach of this Agreement:
(a) If Franchisee shall Abandon all of its Locations;
(b) To the extent permitted by law, (i) if Franchisee or, in the case of a partnership, a general partner thereof becomes insolvent (as revealed by its records or otherwise), or (ii) if Franchisee files a voluntary petition and is adjudicated bankrupt, or if an involuntary petition is filed against Franchisee and such petition is not dismissed within 30 days, or (iii) if Franchisee shall make an Assignment by Franchisee for the benefit of creditors, or (iv) if a receiver or trustee in bankruptcy or similar officer, temporary or permanent, be appointed to take charge of Franchisee’s affairs or any of its
Termination without Prior Notice. Franchisor shall have the right to terminate this Agreement without prior notice to Franchisee upon the occurrence of any or all of the following events, each of which shall be deemed an incurable breach of this Agreement:
(a) If Franchisee shall Abandon all of its Locations and Restricted Purpose Locations;
(b) To the extent permitted by law, (i) if Franchisee or, in the case of a partnership, a general partner thereof becomes insolvent (as revealed by its records or otherwise), or (ii) if Franchisee files a voluntary petition and is adjudicated bankrupt, or if an involuntary petition is filed against Franchisee and such petition is not dismissed within 30 days, or (iii) if Franchisee shall make an Assignment by Franchisee for the benefit of creditors, or (iv) if a receiver or trustee in bankruptcy or similar officer, temporary or permanent, be appointed to take charge of Franchisee’s affairs or any of its property, or (v) if dissolution proceedings are commenced by or against Franchisee (if a corporation, limited liability company or partnership) and are not dismissed within 30 days thereafter, or (vi) if any final judgment against Franchisee from which no further appeal is available and which is not currently on appeal remains unsatisfied or unbonded of record for 30 days after receipt by Franchisee of actual or constructive notice thereof, and the amount of such judgment exceeds $50,000 or 10% of Franchisee’s Gross Revenues for the preceding Anniversary Year, whichever is less;
(c) If (i) Franchisee has knowingly (as determined by Franchisor in its discretion) either inaccurately reported or withheld the reporting of any Gross Revenues twice within 12 consecutive calendar months, or if (ii) a Designated Equity Holder or an Equity Holder having a 10% or greater equity interest in Franchisee has knowingly and directly caused or authorized Franchisee to either inaccurately report or withhold the reporting of any Gross Revenues;
(d) If Franchisee shall violate the provisions of paragraph 10.02 of this Agreement or otherwise attempt or purport to sell, assign, transfer or encumber the Service Marks without the prior written consent of Franchisor as hereinabove provided;
(e) If Franchisee’s real estate broker’s license is suspended or revoked, and such license or a substitute license has not been reinstated within seven days thereafter;
(f) If Franchisee shall default in any material obligation in respect of which Franchisee twice previously within the prece...
Termination without Prior Notice. In the event the Contractor fails to meet its obligations under this Contract or has otherwise violated the laws, regulations, or rules that govern the Medicare or MassHealth programs, EOHHS may take any or all action under this Contract, law, or equity. Without limiting the above, if EOHHS determine that the continued participation of the Contractor in the Medicare or MassHealth program may threaten or endanger the health, safety, or welfare of Enrollees or compromise the integrity of the Medicare or MassHealth program, EOHHS, without prior notice, may immediately terminate this Contract, suspend the Contractor from participation, withhold any future payments to the Contractor, or take any or all other actions under this Contract, law, or equity.
Termination without Prior Notice. Chronimed and MEDgenesis may each immediately terminate this Agreement by written notice to the other (i) in the event of the other's voluntary bankruptcy or insolvency, (ii) in the event that the other shall make an assignment for the benefit of creditors, or (iii) in the event that a petition shall have been filed against the other under any bankruptcy law, corporate reorganization law or other law for relief of debtors (or any other law similar in purpose or effect), which has caused the other to have its business effectively discontinued in its then present form.
Termination without Prior Notice. EOHHS may terminate this Grant Agreement immediately and without prior written notice upon any of the following events: If EOHHS determines, in its sole discretion, that the Recipient has materially breached any of its obligations under this Grant Agreement or fails to complete obligations under this Grant Agreement to EOHHS’s satisfaction; Cessation in whole or in part of state or federal funding for the Grant Agreement; and The Recipient fails to accept payment terms offered by EOHHS.
