Common use of Termination and its Consequences Clause in Contracts

Termination and its Consequences. 6.1 The SSB hereby agrees that the Government shall be entitled to terminate this Agreement forthwith if – (a) the Tenancy Agreement is not entered into or is terminated or expires without renewal; or (b) the Government resumes all or part of the School Premises for the improvement of Hong Kong or for any other public purpose; or (c) the SSB enters into liquidation whether compulsory or voluntary, or the SSB is no longer incorporated in Hong Kong under the [Title of Ordinance] for any other reason; or (d) the SSB and/or the School ceases to be exempt from tax by virtue of section 88 of the Inland Revenue Ordinance; or (e) the Government reasonably believes that the School is not in operation; or (f) the SSB commits any material breach of the provisions of this Agreement, whichever occurs earlier. 6.2 The SSB hereby agrees that the Government shall be entitled to terminate this Agreement by giving three months’ notice if – (a) the Government reasonably believes that the School could not commence operation on the date specified by the Government; or (b) the SSB fails to produce a proposed school development plan to the satisfaction of and accepted by the Government within one year after the School has commenced operation or on such other date as mutually agreed between the Government and the SSB. 6.3 The SSB hereby agrees that the Government shall be entitled to terminate this Agreement by giving nine months’ notice if the Government reasonably believes that – (a) the SSB fails to manage and operate the School in accordance with the Proposed School Plan and/or the School Development Plan; or (b) the School fails to pursue or attain full accreditation status from any of the academic accreditation body(s) as stated in the Proposed School Plan and/or the School Development Plan before the expiry of this Agreement, or fails to renew the said full accreditation status by such time as may be specified by the Government; or (c) the School fails to provide the minimum number of school places as specified in Condition 1 of Schedule One; or (d) the student enrolment of the School fails to reach [ ]% of the minimum number of school places as approved by the Government within [ ] years after the School has commenced operation. 6.4 The Government and the SSB may by mutual agreement terminate this Agreement at any time. 6.5 On the expiration or termination of this Agreement – (a) all rights and obligations of the parties under this Agreement shall terminate except for such rights of actions as shall have accrued prior thereto and any obligations which expressly or by implication are intended to come into or continue in force on or after such expiration or termination; (b) the SSB shall, wherever appropriate and possible, provide the Government with information on all contracts made by the SSB in relation to the School; and (c) the SSB shall, if appropriate, facilitate the Government as far as practicable to prepare for allocating the School to a new operator, including but not limited to assigning or procuring the assignment to the Government and/or the new operator the rights of the SSB in all or any of the contracts relating to the operation of the School.

Termination and its Consequences. 6.1 7.1 The SSB hereby agrees that the Government shall be entitled to terminate this Agreement forthwith if – (a) the Tenancy Agreement Conditions of Grant is not entered into or is terminated or expires without renewal; or (b) the Government resumes all or part of the School Premises Site for the improvement of Hong Kong or for any other public purpose; or (c) the SSB enters into liquidation whether compulsory or voluntary, or the SSB is no longer incorporated in Hong Kong under the [Title of Ordinance] for any other reason; or (d) the SSB and/or the School ceases to be exempt from tax by virtue of section 88 of the Inland Revenue Ordinance; or (e) the Government reasonably believes that the School is not in operation; or (f) the SSB commits any material breach of the provisions of this Agreement, whichever occurs earlier. 6.2 7.2 The SSB hereby agrees that the Government shall be entitled to terminate this Agreement by giving three months’ notice if – (a) the Government reasonably believes that the School could not commence operation on the date specified by the Government; or (b) the SSB fails to produce a proposed school development plan to the satisfaction of and accepted by the Government within one year after the School has commenced operation or on such other date as mutually agreed between the Government and the SSB. 6.3 7.3 The SSB hereby agrees that the Government shall be entitled to terminate this Agreement by giving nine months’ notice if the Government reasonably believes that – (a) the SSB fails to manage and operate the School in accordance with the Proposed School Plan and/or the School Development Plan; or (b) the School fails to pursue or attain full accreditation status from any of the academic accreditation body(s) as stated in the Proposed School Plan and/or the School Development Plan before the expiry of this Agreement, or fails to renew the said full accreditation status by such time as may be specified by the Government; or (c) the School fails to provide the minimum number of school places as specified in Condition 1 of Schedule Onethe Schedule; or (d) the student enrolment of the School fails to reach [ ]% of the minimum number of school places as approved by the Government within [ ] years after the School has commenced operation. 6.4 7.4 The Government and the SSB may by mutual agreement terminate this Agreement at any time. 6.5 7.5 On the expiration or termination of this Agreement – (a) all rights and obligations of the parties under this Agreement shall terminate except for such rights of actions as shall have accrued prior thereto and any obligations which expressly or by implication are intended to come into or continue in force on or after such expiration or termination; (b) the SSB shall, wherever appropriate and possible, provide the Government with information on all contracts made by the SSB in relation to the School; and (c) the SSB shall, if appropriate, facilitate the Government as far as practicable to prepare for allocating the School to a new operator, including but not limited to assigning or procuring the assignment to the Government and/or the new operator the rights of the SSB in all or any of the contracts relating to the operation of the School. 7.6 Nothing in this Agreement shall prejudice any of the terms and conditions of the Conditions of Grant, including any of the terms and conditions governing the Government’s power of re-entry or extinguishment of the grantee’s rights and interests.