Common use of After the Initial Period Clause in Contracts

After the Initial Period. termination in the event of a breach 27.1 You may terminate the Contract upon written notice (immediately) at any time in any of the following circumstances: 27.1.1 the Home ceases to be registered with the Care Quality Commission as a care home for the elderly; 27.1.2 we are in breach of our statutory duty to you; or 27.1.3 we are in fundamental breach of the terms of this Contract and such breach continues for at least 30 days; and 27.2 We may terminate the Contract upon seven days written notice at any time in the following circumstances: 27.2.1 the Fee remains unpaid for a period of more than 30 days; 27.2.2 you frequently fail to pay the Fee in full and/or on time; 27.2.3 you have been absent from the Home for a period at least six weeks and, following consultation, we agree it will not be possible or appropriate for you to resume your stay at the Home; 27.2.4 we reasonably believe that your behaviour is such that you present a significant risk of serious harm to other residents’ health their well-being or the safe management or running of the Home and despite our reasonable endeavours to discuss these concerns with you, this has not improved to our reasonable satisfaction; or 27.2.5 either all or part of the Home is forced to close either permanently or temporarily for a period in excess of six months due to circumstances outside our reasonable control, such as war, civil disorder, industrial action, fire, flood or any severely adverse weather conditions. 27.3 Termination of this Agreement, in whatever way it occurs, shall not affect rights and obligations that arise out of anything done or omitted before termination or in respect of the period prior to such termination and any outstanding Fees due and payable to us, together with any interest due and arising thereon, shall continue to be payable by the relevant payers under this Agreement. 27.4 In the event of your death: 27.4.1 this Agreement shall automatically terminate, except for terms that are intended to continue afterwards; 27.4.2 any outstanding Fees due and payable by you to us, together with any interest due thereon, shall be charged to your estate; 27.4.3 any sums due to us from your Representative will continue to be payable; and 27.4.4 we will not charge any Fees from the date of death. 27.5 If we hold any cash for you if you die, or if you are due a refund in respect of any care fees paid in advance, we shall pay such refund to your bank account (within 28 days) if it is still then open or transfer such amounts to your executors or other legal personal representatives, once a copy of the grant of probate or letter of administration has been received by us. 27.6 If any sums remain due to us after your death in relation to services, we have provided to you at the Home during your stay, we may recover any such sums from your estate or from your Representative. This includes retaining such sums from any payments made in advance before returning the remainder to you or your estate.

After the Initial Period. termination in the event of a breach 27.1 You may terminate the Contract upon written notice (immediately) at any time in any of the following circumstances: 27.1.1 the Home ceases to be registered with the Care Quality Commission as a care home for the elderly; 27.1.2 we are in breach of our statutory duty to you; or 27.1.3 we are in fundamental breach of the terms of this Contract and such breach continues for at least 30 days; and 27.2 We may terminate the Contract upon seven days written notice at any time in the following circumstances: 27.2.1 the Fee remains unpaid for a period of more than 30 days; 27.2.2 you frequently fail to pay the Fee in full and/or on time; 27.2.3 you have been absent from the Home for a period at least six weeks and, following consultation, we agree it will not be possible or appropriate for you to resume your stay at the Home; 27.2.4 we reasonably believe that your behaviour is such that you present a significant risk of serious harm to other residents’ health their well-being or the safe management or running of the Home and despite our reasonable endeavours to discuss these concerns with you, this has not improved to our reasonable satisfaction; or 27.2.5 either all or part of the Home is forced to close either permanently or temporarily for a period in excess of six months due to circumstances outside our reasonable control, such as war, civil disorder, industrial action, fire, flood or any severely adverse weather conditions. 27.3 Termination of this Agreement, in whatever way it occurs, shall not affect rights and obligations that arise out of anything done or omitted before termination or in respect of the period prior to such termination and any outstanding Fees due and payable to us, together with any interest due and arising thereon, shall continue to be payable by the relevant payers under this Agreement. 27.4 In the event of your death: 27.4.1 this Agreement shall automatically terminate, except for terms that are intended to continue afterwards; 27.4.2 any outstanding Fees due and payable by you to us, together with any interest due thereon, shall be charged to your estate; 27.4.3 any sums due to us from your Representative will continue to be payable; and 27.4.4 we will not charge any Fees from the date of death. 27.5 If we hold any cash for you if you die, or if you are due a refund in respect of any care fees paid in advance, we shall pay such refund to your bank account (within 28 days) if it is still then open or transfer such amounts to your executors or other legal personal representatives, once a copy of the grant of probate or letter of administration has been received by us. 27.6 If any sums remain due to us after your death in relation to services, services we have provided to you at the Home during your stay, we may recover any such sums from your estate or from your Representative. This includes retaining such sums from any payments made in advance before returning the remainder to you or your estate.