Common use of After Occupancy Clause in Contracts

After Occupancy. Messiah Village may terminate this Agreement upon a determination of just cause and delivery of thirty (30) days written notice to Resident or Resident’s representative or such written notice as is reasonable under the circumstances. Just cause shall include, but not be limited to, a default in payment, the submission of any material false information in the application documents, the failure of Resident to maintain health care insurance, the failure of Resident to abide by the Messiah Village rules, regulations, policies and procedures, the breach of any of the other terms of this Agreement, including a change in the liquidity of Resident’s assets, such as the purchase of an annuity that impairs Resident’s ability to fulfill timely Resident’s current financial obligations to Messiah Village as explained further below, or a transfer of assets to an irrevocable trust or any other transfer whereby assets disclosed in Resident’s Application for Residency are no longer available in whole or in part to pay for Resident’s care and services, or a good faith determination in writing signed by Messiah Village’s Medical Director and Administrator that Resident’s continued Occupancy in the Residence either creates a serious threat or danger to the Resident’s life, health or safety or creates a serious threat or danger to the life, health, safety or peaceful enjoyment of other residents or persons at Messiah Village. If Resident substantially impairs his/her ability to fulfill timely his/her financial obligations to Messiah Village due to a change in the liquidity of Resident’s assets or a transfer of assets to an irrevocable trust or any other transfer, then Messiah Village may terminate this Agreement following an opportunity to cure. If Resident fails to cure or correct the non-compliance within a period as determined by Messiah Village and to Messiah Village’s satisfaction, then Messiah Village may terminate this Agreement for just cause upon thirty (30) days written notice to Resident or Resident’s representative. In situations where continued Occupancy threatens the life, health, safety or peaceful enjoyment of the Resident or other residents, only such notice as is reasonably practicable under the circumstances will be provided Resident or Resident’s representative, and termination may be effective immediately. The refund provisions of this Agreement shall apply to terminations for just cause in the same manner as such provisions would apply to any other termination.

After Occupancy. In the event that Messiah Village determines that Resident has failed to comply with the terms of this Agreement to such an extent that the non-compliance may constitute just cause for termination, then, to the extent reasonably practicable and subject to the conditions stated in this subsection, Messiah Village shall provide Resident with written notice of the alleged non-compliance and allow the Resident forty-five (45) days from the date of the written notice to cure or correct any alleged non-compliance. The opportunity to cure or correct such non- compliance will not be provided in situations where the non-compliance constitutes a serious threat or danger to the life, health, safety, or peaceful enjoyment of the Resident or other residents or persons at Messiah Village. In the event Resident fails to cure or correct the non-compliance within the afforded time to the satisfaction of Messiah Village, then Messiah Village may terminate this Agreement upon a determination of just cause and delivery of thirty forty-five (3045) days written notice to Resident or Resident’s representative or such written notice as is reasonable under the circumstancescircumstances to Resident or Resident’s representative. Just cause shall include, but not be limited to, a default in payment, the submission of any material false information in the application documents, the failure of Resident to maintain health care insurance, the failure of Resident to abide by the Messiah Village rules, regulations, policies and procedures, the breach of any of the other terms of this Agreement, including a change in the liquidity of Resident’s assets, such as the purchase of an annuity that impairs Resident’s ability to fulfill timely Resident’s current financial obligations to Messiah Village as explained further below, or a transfer of assets to an irrevocable trust or any other transfer whereby assets disclosed in Resident’s Application for Residency are no longer available in whole or in part to pay for Resident’s care and services, or a good faith determination in writing signed by Messiah Village’s Medical Director and Administrator Village that Resident’s continued Occupancy in the Residence either creates a serious threat or danger to the Resident’s life, health or safety or by Resident creates a serious threat or danger to the life, health, safety or peaceful enjoyment of Resident or other residents or persons at Messiah Village. If Resident substantially impairs his/her ability to fulfill timely his/her financial obligations to Messiah Village due to a change in the liquidity of Resident’s assets or a transfer of assets to an irrevocable trust or any other transfer, then Messiah Village may terminate this Agreement following an opportunity to cure. If Resident fails to cure or correct the non-compliance within a period as determined by Messiah Village and to Messiah Village’s satisfaction, then Messiah Village may terminate this Agreement for just cause upon thirty (30) days written notice to Resident or Resident’s representative. In situations where continued Occupancy threatens the life, health, safety or peaceful enjoyment of the Resident or other residents, only such notice as is reasonably practicable under the circumstances will be provided Resident or Resident’s representative, and termination may be effective immediately. The refund provisions of this Agreement shall apply to terminations for just cause in the same manner as such provisions would apply to any other termination.