Common use of COMMENCEMENT, DURATION AND TERMINATION Clause in Contracts

COMMENCEMENT, DURATION AND TERMINATION. 8.1 This Agreement takes effect on the Commencement Date and, subject to clause 8.2 and 8.3, shall continue for an Initial Probation Term of 1 year and then until terminated by either party giving at least three months’ prior written notice to expire on or after the expiry date of the Initial Probation Term. Each party may terminate the agreement with regard to any or all Mountain Training schemes undertaken by the Provider. 8.2 This Agreement is subject to an initial one-year Probation Term where the Provider will be required to meet certain Performance Conditions as laid down by MTE. Failure to meet these conditions to MTE’s satisfaction may result in termination of the Agreement. 8.3 MTE may terminate this Agreement with immediate effect (or following such notice period as it sees fit) without prejudice to any of its rights or remedies, by giving written notice to the Provider and the Provider’s Administrator if: 8.3.1 the Provider or where applicable the Provider’s Administrator, in the reasonable opinion of MTE, does, or permits to be done, any act which risks the health and safety of others and /or breaches applicable Health and Safety standards; or 8.3.2 the Provider or where applicable the Provider’s Administrator fails to improve their course delivery to the acceptable minimum standard after two or more successive moderations, as described in 4.7.3; or 8.3.3 the Provider or where applicable the Provider’s Administrator fails to pay any amount due under this Agreement on the due date for payment and remains in default not less than thirty days after being notified in writing to make such payment; or 8.3.4 the Provider or Provider’s Administrator commits a material breach of any term of this Agreement and (if such breach is remediable) fails to remedy that breach within a period of thirty days after being notified in writing to do so; or 8.3.5 the Provider or Provider’s Administrator repeatedly breaches any of the terms of this Agreement in such a manner as to reasonably justify the opinion that its or their conduct is inconsistent with having the intention or ability to give effect to the terms of this Agreement; or 8.3.6 the Provider or Provider’s Administrator gives to MTE any false or misleading information, or makes any misrepresentation in connection with their Business; or 8.3.7 repeated, valid complaints are made to MTE about the quality of the service provided by the Provider and the Provider, having received notice of such complaints, fails to improve such service to the reasonable satisfaction of MTE; or 8.3.8 there is a change of Control of the Provider; or 8.3.9 the Provider is convicted of a serious criminal offence, or is found by the Board to be guilty of gross misconduct; or 8.3.10 the Provider is in breach of any of its compliance obligations under clause 5. 8.4 The Provider may terminate this Agreement at any time upon giving a minimum of 3 months’ notice in writing to MTE.

COMMENCEMENT, DURATION AND TERMINATION. 8.1 This Agreement takes effect on the Commencement Date and, subject to clause 8.2 and 8.3, shall continue for an Initial Probation Term of 1 year and then until terminated by either party giving at least three months’ prior written notice to expire on or after the expiry date of the Initial Probation Term. Each party may terminate the agreement with regard to any or all Mountain Training schemes undertaken by the Provider. 8.2 This Agreement is subject to an initial one-year Probation Term where the Provider will be required to meet certain Performance Conditions performance conditions as laid down by MTEMTC in the Quality Manuals. Failure to meet these conditions to MTEMTC’s satisfaction may result in termination of the Agreement. 8.3 MTE MTC may terminate this Agreement with immediate effect (or following such notice period as it sees fit) without prejudice to any of its rights or remedies, by giving written notice to the Provider and the Provider’s Administrator if: 8.3.1 the Provider or where applicable the Provider’s Administrator, in the reasonable opinion of MTEMTC, does, or permits to be done, any act which risks the health and safety of others and /or breaches applicable Health and Safety standards; or 8.3.2 the Provider or where applicable the Provider’s Administrator fails to improve their course delivery to the acceptable minimum standard after two or more successive moderations, as described in 4.7.3; or 8.3.3 the Provider or where applicable the Provider’s Administrator fails to pay any amount due under this Agreement on the due date for payment and remains in default not less than thirty days after being notified in writing to make such payment; or 8.3.4 the Provider or Provider’s Administrator commits a material breach of any term of this Agreement and (if such breach is remediable) fails to remedy that breach within a period of thirty days after being notified in writing to do so; or 8.3.5 the Provider or Provider’s Administrator repeatedly breaches any of the terms of this Agreement in such a manner as to reasonably justify the opinion that its or their conduct is inconsistent with having the intention or ability to give effect to the terms of this Agreement; or 8.3.6 the Provider or Provider’s Administrator gives to MTE MTC any false or misleading information, or makes any misrepresentation in connection with their Business; or 8.3.7 repeated, valid complaints are made to MTE MTC about the quality of the service provided by the Provider and the Provider, having received notice of such complaints, fails to improve such service to the reasonable satisfaction of MTEMTC; or 8.3.8 there is a change of Control of the Provider; or 8.3.9 the Provider is convicted of a serious criminal offence, or is found by the Board to be guilty of gross misconduct; or their actions or activities bring MTC into disrepute; or 8.3.10 the Provider is in breach of any of its compliance obligations under clause 5. 8.4 The Provider may terminate this Agreement at any time upon giving a minimum of 3 months’ notice in writing to MTEMTC.