Common use of Termination by STATE Clause in Contracts

Termination by STATE. The State may terminate this Agreement at any time by notice to the Retailer, if: the Retailer is or becomes bankrupt or insolvent, enters into voluntary administration or makes any arrangement with its creditors or takes advantage of any statute for the relief of insolvent debtors; the Retailer’s retailer authorisation for electricity under the National Energy Retail Law (Queensland) is transferred, surrendered or revoked; or the Retailer is in breach of a material provision of this Agreement, where, subject to clause 16.1(2), that breach: if capable of being remedied, is not remedied within the period (being a reasonable period, but in any event not less than 5 Business Days of notice of the breach or, if the dispute resolution process in clause 17.1 and 17.2 has been implemented, 5 Business Days of the conclusion of the mediation) specified in a notice by the State, or is not capable of being remedied. If the Retailer believes it will not be able to remedy the breach within the time specified in the notice under clause 16.1(1)(c)(i), the Retailer must provide the State, within 5 Business Days of the notice or conclusion of the mediation, a proposed action plan for remedying the breach within 20 Business Days or such other period agreed with the State. The parties will discuss the proposed action plan in good faith and, if the parties agree an action plan within 10 Business Days of the Retailer submitting the proposed action plan to the State, the State must not terminate this agreement under clause 16.1(1)(c)(i) for that breach unless: the Retailer fails to remedy the breach within the time agreed in the action plan; or the Retailer fails to take reasonable steps to ensure that the Retailer will remedy the breach within the time agreed in the action plan.

Termination by STATE. (1) The State may terminate this Agreement at any time by notice to the Retailer, if: : (a) the Retailer is or becomes bankrupt or insolvent, enters into voluntary administration or makes any arrangement with its creditors or takes advantage of any statute for the relief of insolvent debtors; ; (b) the Retailer’s retailer authorisation for electricity under the National Energy Retail Law (Queensland) is transferred, surrendered or revoked; or or (c) the Retailer is in breach of a material provision of this Agreement, where, subject to clause 16.1(2), that breach: : (i) if capable of being remedied, is not remedied within the period (being a reasonable period, but in any event not less than 5 Business Days of notice of the breach or, if the dispute resolution process in clause 17.1 and 17.2 has been implemented, 5 Business Days of the conclusion of the mediation) specified in a notice by the State, or or (ii) is not capable of being remedied. . (2) If the Retailer believes it will not be able to remedy the breach within the time specified in the notice under clause 16.1(1)(c)(i), the Retailer must provide the State, within 5 Business Days of the notice or conclusion of the mediation, a proposed action plan for remedying the breach within 20 Business Days or such other period agreed with the State. The parties will discuss the proposed action plan in good faith and, if the parties agree an action plan within 10 Business Days of the Retailer submitting the proposed action plan to the State, the State must not terminate this agreement under clause 16.1(1)(c)(i16.1(1)(c) (i) for that breach unless: : (a) the Retailer fails to remedy the breach within the time agreed in the action plan; or or (b) the Retailer fails to take reasonable steps to ensure that the Retailer will remedy the breach within the time agreed in the action plan.

Termination by STATE. ‌ (1) The State may terminate this Agreement at any time by notice to the Retailer, if: : (a) the Retailer is or becomes bankrupt or insolvent, enters into voluntary administration or makes any arrangement with its creditors or takes advantage of any statute for the relief of insolvent debtors; ; (b) the Retailer’s retailer authorisation for electricity Retail Authority under the National Energy Retail Law (Queensland) is transferredsuspended, surrendered revoked or revokedterminated; or or (c) the Retailer is in material breach of a material provision of this Agreement, where, subject to clause 16.1(2), that breach: : (i) if capable of being remedied, is not remedied within the period (being a reasonable period, but in any event not less than 5 Business Days of notice of the breach or, if the dispute resolution process in clause 17.1 and 17.2 has been implemented, 5 Business Days of the conclusion of the mediation) specified in a notice by the State, or or (ii) is not capable of being remedied. . (2) If the Retailer believes it will not be able to remedy the breach within the time specified in the notice under clause 16.1(1)(c)(i)notice, the Retailer must provide the State, within 5 Business Days of the notice or conclusion of the mediation, a proposed action plan for remedying the breach within 20 Business Days or such other period agreed with the State. The parties will discuss the proposed action plan in good faith and, if the parties agree an action plan within 10 Business Days of the Retailer submitting the proposed action plan to the State, the State must not terminate this agreement under clause 16.1(1)(c)(i) for that breach unless: unless:‌ (a) the Retailer fails to remedy the breach within the time agreed in the action plan; or or (b) the Retailer fails to take reasonable steps to ensure that the Retailer will remedy the breach within the time agreed in the action plan.

Termination by STATE. (1) The State may terminate this Agreement at any time by notice to the Retailer, if: : (a) the Retailer is or becomes bankrupt or insolvent, enters into voluntary administration or makes any arrangement with its creditors or takes advantage of any statute for the relief of insolvent debtors; ; (b) the Retailer’s retailer authorisation for electricity Retail Authority under the National Energy Retail Law Gas Supply Act is suspended, revoked or terminated; or (Queenslandc) is transferred, surrendered or revoked; or the Retailer is in material breach of a material provision of this Agreement, where, subject to clause 16.1(2), that breach: : (i) if capable of being remedied, is not remedied within the period (being a reasonable period, but in any event not less than 5 Business Days of notice of the breach or, if the dispute resolution process in clause 17.1 and 17.2 has been implemented, 5 Business Days of the conclusion of the mediation) specified in a notice by the State, or or (ii) is not capable of being remedied. . (2) If the Retailer believes it will not be able to remedy the breach within the time specified in the notice under clause 16.1(1)(c)(i), the Retailer must provide the State, within 5 Business Days of the notice or conclusion of the mediation, a proposed action plan for remedying the breach within 20 Business Days or such other period agreed with the State. The parties will discuss the proposed action plan in good faith and, if the parties agree an action plan within 10 Business Days of the Retailer submitting the proposed action plan to the State, the State must not terminate this agreement under clause 16.1(1)(c)(i16.1(1)(c) (i) for that breach unless: : (a) the Retailer fails to remedy the breach within the time agreed in the action plan; or or (b) the Retailer fails to take reasonable steps to ensure that the Retailer will remedy the breach within the time agreed in the action plan.