Default Remedies and Termination. (a) Either party may terminate the Agreement without cause with ninety (90) days prior written notice to the other party. (b) The Agreement may be terminated at any time by mutual agreement of the parties. (c) Artisan Health may terminate this Agreement in the event Provider breaches this Agreement, provided that: (i) Artisan Health notifies Provider in writing of the cause of such breach; (ii) Artisan Health gives Provider a minimum of thirty (30) days to cure the breach (“Notice Period”) from Provider’s receipt of the notice; and (iii) Provider fails to cure the breach to the reasonable satisfaction of Artisan Health within the Notice Period. (d) Artisan Health may terminate this Agreement immediately upon the occurrence of any of the following: (i) On the failure of Provider to enter into those other documents contemplated under this Agreement as agreed to by the parties or as may be reasonably requested by Artisan Health, or the breach of such Documents provided such breach cannot be cured or, if such breach can be cured, is not cured within thirty (30) days of Provider’s receipt of written notice of such breach; (ii) If Provider fails to be properly licensed for the practice of his or her profession in the applicable state, is prohibited or suspended from providing health care services in any state, is excluded from participation in Medicare, Medicaid, or any other Federal or state health care program, or otherwise fails to comply with any of the requirements set forth in Section 2 of this Agreement; (iii) If Artisan Health learns that Provider has provided false or misleading identification or proof of Provider’s identity; (A) If a voluntary petition in bankruptcy or for reorganization under any bankruptcy law, or a petition for the appointment of a receiver for all or any substantial portion of the property of Provider is filed; (B) if Provider consents to an order for relief under the federal bankruptcy laws or fails to vacate such an order for relief within sixty (60) days from and after the date of entry thereof; (C) upon the entry of any order, judgment or decree by any court of competent jurisdiction, on the application of a creditor, adjudicating Provider as bankrupt, or to be insolvent, or approving a petition seeking reorganization or the appointment of a receiver, trustee or liquidator of all or a substantial part of Provider’s assets, if such order, judgment or decree shall continue unstayed and in effect for any period of sixty (60) days; (v) On the assignment of this Agreement by Provider in violation of this Agreement; and (vi) On Provider’s breachof the confidentiality or non- solicitation obligations described in Section 11. (e) Notwithstanding the foregoing, if counsel to Artisan Health advises it that this Agreement or its conduct under this Agreement is in violation of applicable law that cannot be reasonably cured, Artisan Health may elect to terminate this Agreement immediately on written notice to Provider. (f) In the event of a termination of this Agreement pursuant to this Section 10, Provider and Artisan Health shall have no further obligations whatsoever under this Agreement except for (i) obligations occurring prior to the date of termination; and (ii) obligations, promises or covenants contained herein which are expressly made to extend beyond the term of this Agreement.
Appears in 1 contract
Sources: Affiliation Agreement
Default Remedies and Termination. (a) Either party may terminate the Affiliation Agreement without cause with ninety (90) days prior written notice to the other party.
(b) The Affiliation Agreement may be terminated at any time by mutual agreement of the parties.
(c) Artisan Push Health may terminate this Affiliation Agreement in the event Provider breaches this Affiliation Agreement, provided that: (ia) Artisan Push Health notifies Provider in writing of the cause of such breach; (iib) Artisan Push Health gives Provider a minimum of thirty (30) days to cure the breach (“Notice Period”) from Provider’s receipt of the notice; and (iiic) Provider fails to cure the breach to the reasonable satisfaction of Artisan Push Health within the Notice Period.
(d) Artisan Push Health may terminate this Affiliation Agreement immediately upon the occurrence of any of the following:
(i) On the failure of Provider to enter into those other documents contemplated under this Affiliation Agreement as agreed to by the parties or as may be reasonably requested by Artisan Push Health, or the breach of such Documents provided such breach cannot be cured or, if such breach can be cured, is not cured within thirty (30) days of Provider’s receipt of written notice of such breach;
(ii) If Provider fails to be properly licensed for the practice of his or her profession in the applicable state, is prohibited or suspended from providing health care services in any state, is excluded from participation in Medicare, Medicaid, or any other Federal or state health care program, or otherwise fails to comply with any of the requirements set forth in Section 2 of this Affiliation Agreement;
(iii) If Artisan ▇▇▇▇ Health learns that Provider has provided false or misleading identification or proof of Provider’s identity;
(A) If a voluntary petition in bankruptcy or for reorganization under any bankruptcy law, or a petition for the appointment of a receiver for all or any substantial portion of the property of Provider is filed; (B) if Provider consents to an order for relief under the federal bankruptcy laws or fails to vacate such an order for relief within sixty (60) days from and after the date of entry thereof;
(C) upon the entry of any order, judgment or decree by any court of competent jurisdiction, on the application of a creditor, adjudicating Provider as bankrupt, or to be insolvent, or approving a petition seeking reorganization or the appointment of a receiver, trustee or liquidator of all or a substantial part of Provider’s assets, if such order, judgment or decree shall continue unstayed and in effect for any period of sixty (60) days;
(v) On the assignment of this Affiliation Agreement by Provider in violation of this Agreement; and
(vi) On Provider’s breachof breach of the confidentiality confidentiality, non-solicitation or non- solicitation non-circumvention obligations described in Section 1112.
(e) Notwithstanding the foregoing, if counsel to Artisan Push Health advises it that this Affiliation Agreement or its conduct under this Affiliation Agreement is in violation of applicable law that cannot be reasonably cured, Artisan Push Health may elect to terminate this Affiliation Agreement immediately on written notice to Provider.
(f) In the event of a termination of this Affiliation Agreement pursuant to this Section 10, Provider and Artisan Push Health shall have no further obligations whatsoever under this Affiliation Agreement except for (i) obligations occurring prior to the date of termination; and (ii) obligations, promises or covenants contained herein which are expressly made to extend beyond the term of this Affiliation Agreement.
Appears in 1 contract
Sources: Provider Affiliation Agreement
Default Remedies and Termination. 13.1 Subject to Section 13.2, any one or more of the following shall constitute an event of default (aeach, an “Event of Default” and collectively, the “Events of Default”) Either party may terminate under this Lease by the Agreement without cause with ninety Concessionaire:
13.1.1 any Event of Default under the Master Concession Agreement; or
13.1.2 any failure of the Concessionaire to pay Lease Rent to the BOR when the same is due and payable under the terms of this Lease or the Master Concession Agreement, and the continuation of such failure for a period of ten (9010) days prior after written notice thereof is given to the other party.Concessionaire, or
(b) The Agreement may be terminated at 13.1.3 [RESERVED]
13.1.4 any time by mutual agreement failure of the parties.Concessionaire to discharge any mechanic’s or other lien that is its obligation to discharge under the terms of this Lease within the applicable time period provided in this Lease; or
(c) Artisan Health may terminate this Agreement in the event Provider breaches this Agreement, provided that: (i) Artisan Health notifies Provider in writing 13.1.5 any failure of the cause of such breach; (ii) Artisan Health gives Provider a minimum of thirty (30) days Concessionaire, whether by action or inaction, to cure the breach (“Notice Period”) from Provider’s receipt of the notice; and (iii) Provider fails to cure the breach to the reasonable satisfaction of Artisan Health within the Notice Period.
(d) Artisan Health may terminate this Agreement immediately upon the occurrence of timely perform or observe any of the following:
(i) On the failure other terms, covenants or conditions of Provider to enter into those other documents contemplated under this Agreement as agreed to by the parties or as may be reasonably requested by Artisan Health, or the breach of Lease and such Documents provided such breach cannot be cured or, if such breach can be cured, default is not cured remedied within thirty (30) days of Provider’s receipt of after written notice of thereof is given to the Concessionaire, provided that if such breach;
default cannot, with reasonable diligence, be fully remedied within such thirty (ii30) If Provider fails day period, the Concessionaire shall have as long as is reasonably necessary to be properly licensed for the practice of his or her profession cure such default, but in the applicable state, is prohibited or suspended from providing health care services in any state, is excluded from participation in Medicare, Medicaid, or any other Federal or state health care program, or otherwise fails to comply with any of the requirements set forth in Section 2 of this Agreement;
no event longer than three (iii3) If Artisan Health learns that Provider has provided false or misleading identification or proof of Provider’s identity;
(A) If a voluntary petition in bankruptcy or for reorganization under any bankruptcy law, or a petition for the appointment of a receiver for all or any substantial portion of the property of Provider is filed; (B) if Provider consents to an order for relief under the federal bankruptcy laws or fails to vacate such an order for relief within sixty (60) days from and months after the date of entry thereof;
(C) upon the entry of any order, judgment or decree by any court of competent jurisdiction, on the application of a creditor, adjudicating Provider as bankrupt, or to be insolvent, or approving a petition seeking reorganization or the appointment of a receiver, trustee or liquidator of all or a substantial part of Provider’s assets, if such order, judgment or decree shall continue unstayed and in effect for any period of sixty (60) days;
(v) On the assignment of this Agreement by Provider in violation of this Agreement; and
(vi) On Provider’s breachof the confidentiality or non- solicitation obligations described in Section 11.
(e) Notwithstanding the foregoing, if counsel to Artisan Health advises it that this Agreement or its conduct under this Agreement default notice is in violation of applicable law that cannot be reasonably cured, Artisan Health may elect to terminate this Agreement immediately on written notice to Provider.
(f) In the event of a termination of this Agreement pursuant to this Section 10, Provider and Artisan Health shall have no further obligations whatsoever under this Agreement except for (i) obligations occurring prior given to the date Concessionaire, provided the Concessionaire commences compliance within such thirty (30) day period (or as promptly as reasonably possible in an emergency) and thereafter pursues compliance to completion with reasonable diligence; or
13.1.6 the Concessionaire’s desertion or abandonment of termination; and (ii) obligations, promises or covenants contained herein which are expressly made to extend beyond the term of this Agreement.Premises for thirty
Appears in 1 contract
Sources: Housing Lease Agreement
Default Remedies and Termination. 13.1 Subject to Section 13.2, any one or more of the following shall constitute an event of default (aeach, an “Event of Default” and collectively, the “Events of Default”) Either party may terminate under this Lease by the Agreement without cause with ninety Concessionaire:
13.1.1 any Event of Default under the Master Concession Agreement; or
13.1.2 any failure of the Concessionaire to pay Lease Rent to the BOR when the same is due and payable under the terms of this Lease or the Master Concession Agreement, and the continuation of such failure for a period of ten (9010) days prior after written notice thereof is given to the other party.Concessionaire, or
(b) The Agreement may be terminated at 13.1.3 any time by mutual agreement failure of the parties.Concessionaire to timely perform its construction obligations in accordance with the Construction Requirements; or
(c) Artisan Health may terminate this Agreement in the event Provider breaches this Agreement, provided that: (i) Artisan Health notifies Provider in writing 13.1.4 any failure of the cause Concessionaire to discharge any mechanic’s or other lien that is its obligation to discharge under the terms of such breachthis Lease within the applicable time period provided in this Lease; (ii) Artisan Health gives Provider a minimum of thirty (30) days to cure the breach (“Notice Period”) from Provider’s receipt or
13.1.5 any failure of the notice; and (iii) Provider fails Concessionaire, whether by action or inaction, to cure the breach to the reasonable satisfaction of Artisan Health within the Notice Period.
(d) Artisan Health may terminate this Agreement immediately upon the occurrence of timely perform or observe any of the following:
(i) On the failure other terms, covenants or conditions of Provider to enter into those other documents contemplated under this Agreement as agreed to by the parties or as may be reasonably requested by Artisan Health, or the breach of Lease and such Documents provided such breach cannot be cured or, if such breach can be cured, default is not cured remedied within thirty (30) days of Provider’s receipt of after written notice of thereof is given to the Concessionaire, provided that if such breach;
default cannot, with reasonable diligence, be fully remedied within such thirty (ii30) If Provider fails day period, the Concessionaire shall have as long as is reasonably necessary to be properly licensed for the practice of his or her profession cure such default, but in the applicable state, is prohibited or suspended from providing health care services in any state, is excluded from participation in Medicare, Medicaid, or any other Federal or state health care program, or otherwise fails to comply with any of the requirements set forth in Section 2 of this Agreement;
no event longer than three (iii3) If Artisan Health learns that Provider has provided false or misleading identification or proof of Provider’s identity;
(A) If a voluntary petition in bankruptcy or for reorganization under any bankruptcy law, or a petition for the appointment of a receiver for all or any substantial portion of the property of Provider is filed; (B) if Provider consents to an order for relief under the federal bankruptcy laws or fails to vacate such an order for relief within sixty (60) days from and months after the date of entry thereof;
(C) upon the entry of any order, judgment or decree by any court of competent jurisdiction, on the application of a creditor, adjudicating Provider as bankrupt, or to be insolvent, or approving a petition seeking reorganization or the appointment of a receiver, trustee or liquidator of all or a substantial part of Provider’s assets, if such order, judgment or decree shall continue unstayed and in effect for any period of sixty (60) days;
(v) On the assignment of this Agreement by Provider in violation of this Agreement; and
(vi) On Provider’s breachof the confidentiality or non- solicitation obligations described in Section 11.
(e) Notwithstanding the foregoing, if counsel to Artisan Health advises it that this Agreement or its conduct under this Agreement default notice is in violation of applicable law that cannot be reasonably cured, Artisan Health may elect to terminate this Agreement immediately on written notice to Provider.
(f) In the event of a termination of this Agreement pursuant to this Section 10, Provider and Artisan Health shall have no further obligations whatsoever under this Agreement except for (i) obligations occurring prior given to the date Concessionaire, provided the Concessionaire commences compliance within such thirty (30) day period (or as promptly as reasonably possible in an emergency) and thereafter pursues compliance to completion with reasonable diligence; or
13.1.6 the Concessionaire’s desertion or abandonment of termination; and (ii) obligations, promises or covenants contained herein which are expressly made to extend beyond the term of this Agreement.Premises for thirty
Appears in 1 contract
Sources: Housing Lease Agreement