Common use of Unilateral Termination by Superintendent Clause in Contracts

Unilateral Termination by Superintendent. Superintendent may, at his or her option, unilaterally terminate this Agreement in the manner permitted for chief executive officers in C.R.S. 00-00-000 (2). The parties agree that C.R.S. 00-00-000 (2) and any subsequent amendments thereto are incorporated into this Agreement by reference. Superintendent agrees to pay damages to the District and the Board agrees to collect or withhold damages from compensation due or payable to Superintendent if Superintendent abandons, breaches or otherwise refuses to perform services pursuant to this Agreement, unless Superintendent has given written notice to the Board that he or she will not fulfill the obligations of this Agreement as follows: during the academic year, at least 30 days written notice that he or she wishes to be relieved of this Agreement for the remainder of the year as of a certain date; or prior to commencement of the succeeding academic year, at least 30 days written notice that he or she will not fulfill the obligations of this Agreement during the succeeding academic year. Such damages shall not exceed ordinary and necessary expenses of the Board to secure the services of a suitable replacement for Superintendent, or 1/12 of Superintendent’s salary, whichever is less. Such damages shall not be withheld or payable if Superintendent has good cause for failing to provide the 30 days written notice required by this Agreement.

Unilateral Termination by Superintendent. Superintendent may, at his or her option, unilaterally terminate this Agreement Contract in the manner permitted for chief executive officers in C.R.S. § 00-00-000 (2). The parties agree that C.R.S. § 00-00-000 (2) and any subsequent amendments thereto are incorporated into this Agreement Contract by reference. Superintendent agrees to pay damages to the District and the Board agrees to collect or withhold damages from compensation due or payable to Superintendent if Superintendent abandons, breaches or otherwise refuses to perform services pursuant to this Agreement, unless Superintendent has given written notice to the Board that he or she will not fulfill the obligations of this Agreement as follows: during the academic year, at least 30 days written notice that he or she wishes to be relieved of this Agreement for the remainder of the year as of a certain date; or prior to commencement of the succeeding academic year, at least 30 days written notice that he or she will not fulfill the obligations of this Agreement during the succeeding academic year. Such damages shall not exceed ordinary and necessary expenses of the Board to secure the services of a suitable replacement for Superintendent, or 1/12 of Superintendent’s 's salary, whichever is less. Such damages shall not be withheld or payable if Superintendent has good cause for failing to provide the 30 days written notice required by this AgreementContract.