Common use of Withdrawal from this Agreement Clause in Contracts

Withdrawal from this Agreement. 12.1 Subject to clause 27, a Council may only withdraw from this Agreement in accordance with the procedure set out in this clause 12. 12.2 Any Council which wishes to withdraw from this Agreement shall, subject to any decision by the Joint Committee to waive this requirement, give not less than twelve months written notice to expire on 31st March to the Secretary to the Joint Committee of its intention to do so. 12.3 A Council wishing to withdraw from this Agreement undertakes as a condition of such withdrawal to make payment as shall be determined in the manner set out in Part 2 of Schedule 5 to this Agreement. 12.4 On the Withdrawal Date the Council giving notice shall cease to be a member of the Joint Committee and, subject to clause 19, this Agreement shall cease to apply to that Council and it shall thereafter be a Former Council. 12.5 Each Council is entitled to recover from any Former Council the costs of any claims, costs, expenses, losses or liabilities of any nature in accordance with paragraph 2 of Schedule 5 or any other costs, claims expenses, losses or liabilities which have been caused by any act or omission of the Former Council and which are discovered after the Former Council's withdrawal from this Agreement. 12.6 Where a Council withdraws from this Agreement it must withdraw all its funds from the relevant Pool Vehicle and/or Pool Aligned Assets Vehicle no later than the Withdrawal Date unless the Joint Committee recommends to the Councils that some or all of the relevant funds may remain in the relevant Pool Vehicle(s) or Pool Aligned Assets Vehicle(s) after the Withdrawal Date on the terms existing at that time or on any terms to be agreed between the Councils, the Former Council and any other relevant parties. Nothing in this clause shall prevent a Former Council from procuring a new relationship with an organisation which is a Pool Assets provider following its withdrawal from this Agreement.

Withdrawal from this Agreement. 12.1 Subject to clause 27, a Council Any Member District may only withdraw from this the Agreement as of July 1 by giving written notice by December 31 of the current fiscal year. Said withdrawal notice shall be sent to the following: (1) the Chair of the School Committee of each participating Member District; (2) the School Superintendent of each Member District; (3) the Executive Director; and (4) the Board. Said withdrawal notice must also include the following: (1) Notification addressed to the chair of the Board and the Executive Director that the Member District has voted to withdraw from TEC with the effective date of withdrawal; and (2) A copy of the minutes from the school committee or charter school board meeting in which the Member District voted to withdraw from TEC. Within thirty (30) days of notification of a Member District’s intent to withdraw from TEC, the Executive Director must provide written notification of such intent to the Commissioner. An amendment shall be prepared in accordance with Article VIII to reflect changes in the procedure set out Agreement caused as a result of the change in membership of TEC. The Board must approve this amendment reflecting said withdrawal by a majority vote. In order to be effective on July 1 of a fiscal year, the amendment must be approved to reflect the withdrawal of any Member District by the Member Districts and by the BESE by April 30 of the prior fiscal year. Upon withdrawal, a former Member District shall not be entitled to any assets or a portion of any assets of TEC, including any surplus funds that may have been carried over from prior years and any capital reserve fund that may have been established by the Board. The withdrawing school committee or charter school board must fulfill all of its financial obligations and commitments to TEC. A school committee or charter school board that has withdrawn from TEC will continue to be liable to TEC for its pro-rata share of any debts, claims, demands, or judgments against TEC, including obligations for post-employment benefits, incurred during the period of said school committee's or charter school board’s membership, based on the number of students enrolled in the district during the last full fiscal year of membership. Upon withdrawal, the withdrawing district will be reimbursed any funds prepaid to TEC by the Member District for tuition or services under M.G.L. c. 40, § 4E. The withdrawing district will not be reimbursed any surplus funds, if available. The withdrawal of any Member District(s) at any time shall not affect the status of the Agreement and the same shall remain in full force and effect until specifically changed or amended by the Board, and approved by the Member Districts and the BESE. If, after the withdrawal of a Member District(s), less than two Member Districts remain, the Board will initiate termination proceedings as provided in this clause 12Article. 12.2 Any Council which wishes to withdraw from this Agreement shall, subject to any decision by the Joint Committee to waive this requirement, give not less than twelve months written notice to expire on 31st March to the Secretary to the Joint Committee of its intention to do so. 12.3 A Council wishing to withdraw from this Agreement undertakes as a condition of such withdrawal to make payment as shall be determined in the manner set out in Part 2 of Schedule 5 to this Agreement. 12.4 On the Withdrawal Date the Council giving notice shall cease to be a member of the Joint Committee and, subject to clause 19, this Agreement shall cease to apply to that Council and it shall thereafter be a Former Council. 12.5 Each Council is entitled to recover from any Former Council the costs of any claims, costs, expenses, losses or liabilities of any nature in accordance with paragraph 2 of Schedule 5 or any other costs, claims expenses, losses or liabilities which have been caused by any act or omission of the Former Council and which are discovered after the Former Council's withdrawal from this Agreement. 12.6 Where a Council withdraws from this Agreement it must withdraw all its funds from the relevant Pool Vehicle and/or Pool Aligned Assets Vehicle no later than the Withdrawal Date unless the Joint Committee recommends to the Councils that some or all of the relevant funds may remain in the relevant Pool Vehicle(s) or Pool Aligned Assets Vehicle(s) after the Withdrawal Date on the terms existing at that time or on any terms to be agreed between the Councils, the Former Council and any other relevant parties. Nothing in this clause shall prevent a Former Council from procuring a new relationship with an organisation which is a Pool Assets provider following its withdrawal from this Agreement.