Common use of Amendment and Termination of this Agreement Clause in Contracts

Amendment and Termination of this Agreement. 5.1 This Agreement shall become effective when executed by both parties and shall continue in effect for a period of twenty (20) years. This Agreement is effective from July 1, 2019 and shall continue through June 30, 2039. 5.2 On or before June 30, 2029, the parties will consider the extension of this Agreement beyond June 30, 2039. 5.3 Either party may terminate this Agreement on June 30th of any year, by said party giving written notice of termination to the other party at least one year prior to the effective date of termination, as per Connecticut General Statues 10-158a. 5.4 Any penalty which may be imposed upon the parties by the State of Connecticut, the State Board of Education, or other lawful authority for early termination of this Agreement shall be paid by the party which terminated the Agreement. 5.5 If State-mandated enrollment of students from outside the Towns of Salem and East Lyme prevents the attendance of all eligible Salem and East Lyme students, or if State- mandated programs prevent Salem from fulfilling its minimum enrollment obligations, this Agreement, including the payment schedules, will be reviewed and adjusted equitably so as to maintain the integrity of as much of this Agreement as is possible. 5.6 After the termination of this Agreement, whether by action of a party or by lapse of time, the Reconciliation Amount determined under section 4.7 shall be paid in monthly installments beginning in September of the school year in which the payment is due. 5.7 The Agreement may need to be modified according to changes in state and federal laws. 5.8 The Agreement may be amended and/or extended only by written agreement between the ELBOE and the SBOE. 5.9 During, or in preparation for the commencement of the Agreement, should any capital projects, such as building renovations, additions, or construction, be necessary for the execution of the terms of this Agreement, The ELBOE shall notify the SBOE of the need for such project to execute the Agreement and shall initiate a request to call the Committee together to discuss the need. Following the Committee’s review of the project, The SBOE shall discuss the request for said project and respond in a timely fashion to the ELBOE notification with one of the following: a. A statement that the project is necessary to fulfill the Agreement and a willingness to pay for a proportional share of the cost of said project, which shall be in addition to its other financial commitments, as specified in section 4, Financial Provisions. Such capital cost shall be added to the monthly payments otherwise due from the SBOE as a part of this Agreement and shall be paid on the same terms and schedule as all other payments provided for herein. b. A request for negotiations on the matter of the shared cost. Should the ELBOE and the SBOE fail to reach Agreement on the shared cost, the ELBOE shall cover the full cost of the project and may give the Salem BOE notice that the ELBOE wishes to terminate the Agreement not less than one full school year from the date of such notice.

Amendment and Termination of this Agreement. 5.1 8.1 This Agreement shall become effective when executed by both parties and shall continue in effect for a period of twenty (20) yearsyears from the date the planned expansion and improvement project at East Lyme High School is placed in service, provided it is placed in service within ten years from the date the Agreement is signed. This Agreement is effective from July 1, 2019 was placed in service August 1999 and shall continue through June 30, 20392019, as amended on August 2, 2005. 5.2 On or before June 30, 2029, the parties will consider the extension of this Agreement beyond June 30, 2039. 5.3 8.2 Either party may terminate this Agreement on June 30th of any year, by said party giving written notice of termination to the other party at least one year prior to the effective date of termination, as per Connecticut General Statues 10-158a. 5.4 8.3 Any penalty which may be imposed upon the parties by the State of Connecticut, the State Board of Education, or other lawful authority for early termination of this Agreement shall be paid by the party which terminated the Agreement The term “penalty” shall include, but shall not be limited to, any reduction in the amount of payments from the State of Connecticut to the Town of East Lyme for debt service on the bonds issued to finance construction of the planned expansion and improvement project to East Lyrne High School. 8.4 If Salem terminates this Agreement, Salem will continue to pay the Flat Facilities Charge (as defined in Section 6.9 above ) annually for the remainder of the twenty-year period contemplated in Section 8.1 above, and shall pay the base tuition for its minimum enrollment for one year after termination. To the extent East Lyme receives third party external payments for facilities utilization at the high school in excess of the level received by East Lyme in the year prior to termination, the amount of such excess shall serve to offset some or all of the payments owed under this section. 8.5 If East Lyme terminates this Agreement, East Lyme will forfeit all rights to any payments to become due from Salem after the date termination becomes effective, except that any Salem students who are attending East Lyme High School at the time of termination of this Agreement may complete their secondary education at East Lyme High School upon payment by Salem of the tuition allocable to said students under the terms of this Agreement, and East Lyme shall be liable for any reasonable increase in the high school tuition costs incurred by ▇▇▇▇▇ at any other facility for the original term of this Agreement. 5.5 8.6 If State-State mandated enrollment of students from outside the Towns of Salem and East Lyme prevents the attendance of all eligible Salem and East Lyme students, or if State- State mandated programs prevent Salem from fulfilling its minimum enrollment obligations, this Agreement, including the payment schedules, will be reviewed and adjusted equitably so as to maintain the integrity of as much of this Agreement as is possible. 5.6 8.7 After the termination of this Agreement, whether by action of a party or by lapse of time, the Reconciliation Amount determined under section 4.7 6.7 shall be paid in monthly quarterly installments beginning in September of the school year in which the payment is due, and any amounts owed under section 6.13 shall survive and be paid in quarterly installments beginning in September of the year following termination. 5.7 The Agreement may need to be modified according to changes in state and federal laws. 5.8 The 8.8 This Agreement may be amended and/or extended only by written agreement between the ELBOE and the SBOE. 5.9 During, or in preparation for the commencement action of the Agreement, should any capital projects, such as building renovations, additions, or construction, be necessary for the execution of the terms of this Agreement, The ELBOE shall notify the SBOE of the need for such project to execute the Agreement and shall initiate a request to call the Cooperative Committee together to discuss the need. Following the Committee’s review of the project, The SBOE shall discuss the request for said project and respond in a timely fashion to the ELBOE notification with one of the following: a. A statement that the project is necessary to fulfill the Agreement and a willingness to pay for a proportional share of the cost of said project, which shall be in addition to its other financial commitments, as specified established in section 4, Financial Provisions. Such capital cost shall be added to the monthly payments otherwise due from the SBOE as a part of this Agreement and shall be paid on the same terms and schedule as all other payments provided for herein1 above. b. A request for negotiations on the matter of the shared cost. Should the ELBOE and the SBOE fail to reach Agreement on the shared cost, the ELBOE shall cover the full cost of the project and may give the Salem BOE notice that the ELBOE wishes to terminate the Agreement not less than one full school year from the date of such notice.