Common use of Termination by Us Clause in Contracts

Termination by Us. 13.2.1 We may terminate this Agreement at any time by giving not less than twenty eight (28) days prior written notice to you stating the reason for termination upon the occurrence of any of the following events, as determined by us in our absolute discretion (acting on the advice of a medical practitioner, nurse or other clinical authority where relevant and where we have consulted with you and your Responsible Party before seeking to exercise our termination rights under this clause 13.2): (a) You require skilled nursing care or care over and above that which can be safely provided in the Residence or in our reasonable opinion, or in the opinion of your general practitioner or other clinical authority, or other relevant regulated third party, we are no longer able to provide the level of care required to meet your needs; (b) You present an imminent physical threat or danger to yourself or others, are habitually disruptive, create unsafe conditions, or are physically or verbally abusive to other residents or in our reasonable opinion your behaviour or any circumstances relating to your stay may be detrimental to the welfare of the other residents or our employees in the Residence, provided that, where possible, we will first give you a warning and consult with you and your Responsible Party to manage periods of challenging behaviour before seeking to terminate this Agreement; (c) You, your Responsible Party or any applicable Funding Authority fails to pay fees and charges when due and such amounts remain unpaid following the service of a final warning; (d) You commit a serious breach of any of your representations, covenants, agreements, or obligations under this Agreement; (e) Any material misrepresentation or omission is made by you or on your behalf whether written or verbal; (f) The Residence is closed; or (g) The Responsible Party dies, loses capacity or becomes subject to an order under mental health legislation, or otherwise seeks to deny or repudiate their obligations under this Agreement. However, in the event that we determine that you or any of our employees or other residents in the Residence are in immediate danger as a result of you remaining in the Residence, we reserve the right to waive the twenty eight (28) days’ notice and take immediate steps to secure appropriate care for you elsewhere. 13.2.2 In the event that we give notice under this clause 13.2, we will use reasonable endeavours to assist you to find alternative accommodation. If you disagree with our decision to give you notice under this clause 13.2 please refer to the Complaints Policy for further guidance.

Termination by Us. 13.2.1 We may terminate this Agreement at any time by giving not less than twenty eight (28) days prior written notice to you stating the reason for termination upon the occurrence of any of the following events, as determined by us in our absolute discretion (acting on the advice of a medical practitioner, nurse or other clinical authority where relevant and where we have consulted with you and your Responsible Party before seeking to exercise our termination rights under this clause 13.2): (a) You require skilled nursing care or care over and above that which can be safely provided in the Residence or in our reasonable opinion, or in the opinion of your general practitioner or other clinical authority, or other relevant regulated third party, we are no longer able to provide the level of care required to meet your needs; (b) You present an imminent physical threat or danger to yourself or others, are habitually disruptive, create unsafe conditions, or are physically or verbally abusive to other residents or in our reasonable opinion your behaviour or any circumstances relating to your stay may be detrimental to the welfare of the other residents or our employees in the Residence, provided that, where possible, we will first give you a warning and consult with you and your Responsible Party to manage periods of challenging behaviour before seeking to terminate this Agreement; (c) You, your Responsible Party or any applicable Funding Authority fails to pay fees and charges when due and such amounts remain unpaid following the service of a final warning; (d) You commit a serious breach of any of your representations, covenants, agreements, or obligations under this Agreement; (e) Any material misrepresentation or omission is made by you or on your behalf whether written or verbal; (f) The Residence is closed; or (g) The Responsible Party dies, loses capacity or becomes subject to an order under mental health legislation, or otherwise seeks to deny or repudiate their obligations under this Agreement. However, in the event that we determine that you or any of our employees or other residents in the Residence are in immediate danger as a result of you remaining in the Residence, we reserve the right to waive the twenty eight (28) days’ notice and take immediate steps to secure appropriate care for you elsewhere. 13.2.2 In the event that we give notice under this clause 13.2, we will use reasonable endeavours to assist you to find alternative accommodation. If you disagree with our decision to give you notice under this clause 13.2 please refer to the Gracewell Complaints Policy for further guidance.

Termination by Us. 13.2.1 We 18.1 In certain circumstances, we may terminate this Agreement at any time by giving not less than twenty eight (28) providing 14 days prior written notice to you stating the reason for termination upon the occurrence of any of the following events, as determined by us in our absolute discretion (acting on the advice of a medical practitioner, nurse or other clinical authority where relevant and where we have consulted with you and your Responsible Party before seeking to exercise our termination rights under this clause 13.2):only if: (a) You require skilled nursing care or care over and above that which can you cannot be safely provided cared for in the Residence or in our reasonable opinion, or in community with the opinion of your general practitioner or other clinical authority, or other relevant regulated third party, we are no longer able resources available to provide the level of care required to meet your needsus; (b) You present an imminent physical threat or danger you advise us in writing that you wish to yourself or others, are habitually disruptive, create unsafe conditionsmove to a location where we do not provide Home Care services; (c) you advise us that you no longer wish to receive Home Care services from us, or are physically or verbally abusive you want to other residents or in our reasonable opinion move to an alternative service; (d) your behaviour or any circumstances relating to your stay may be detrimental condition changes to the welfare extent that you no longer need Home Care services or your needs can be met more appropriately by other types of the other residents services orcare; (e) you or our employees your Authorised Person have not: (i) paid, for a reason within your control, any home care fee specified in the Residence, provided that, where possible, we will first give you a warning and consult with you and your Responsible Party to manage periods of challenging behaviour before seeking to terminate this Agreement; (cii) You, your Responsible Party or any applicable Funding Authority fails to pay fees and charges when due and such amounts remain unpaid following negotiated an alternative arrangement with us for payment of the service of a final warning; (d) You commit a serious breach of any of your representations, covenants, agreements, or obligations under this Agreement; (e) Any material misrepresentation or omission is made by you or on your behalf whether written or verbalhome care fee; (f) The Residence is closedyou have: (i) intentionally caused serious injury to a Staff Member; or (ii) intentionally infringed the right of a Staff Member to work in a safe environment; (g) The Responsible Party diesyou commit a Material Breach of this Agreement. 18.2 If, loses capacity or becomes subject acting reasonably, we consider you have breached a Material Term of this Agreement, then we may give you written notice: (a) if the default is capable of being remedied by you, advising you that you must remedy the default within 14 days; or (b) if the default is not capable of being remedied by you, terminating this Agreement in accordance with this clause. 18.3 Obligations owed by you in relation to an order under mental health legislation, or otherwise seeks to deny or repudiate their obligations Fees and Charges payable under this Agreement will survive termination of this Agreement. However, in the event that we determine that you or any of our employees or other residents in the Residence are in immediate danger as a result of you remaining in the Residence, we reserve the right to waive the twenty eight (28) days’ notice and take immediate steps to secure appropriate care for you elsewhere. 13.2.2 18.4 Any termination of this Agreement by us will be undertaken in accordance with the Act and law. 18.5 In the event that we give notice under this clause 13.2any of the above situations occur, we will use reasonable endeavours ensure every effort is made to assist transfer you to find alternative accommodationa more appropriate service or program. If We will ensure your current services remain in place until an appropriate service or program is sourced. We will work with you disagree and the new service provider to ensure your transition is smooth with our decision minimal disruption to give you notice under this clause 13.2 please refer to the Complaints Policy for further guidanceyour care needs.

Termination by Us. 13.2.1 We may terminate this Agreement at any time by giving not less than twenty eight (28) days prior written notice to you stating the reason for termination upon the occurrence of any of the following events, as determined by us in our absolute discretion (acting on the advice of a medical practitioner, nurse or other clinical authority where relevant and where we have consulted with you and your Responsible Party before seeking to exercise our termination rights under this clause 13.2): (a) You require skilled nursing care or care over and above that which can be safely provided in the Residence Home or in our reasonable opinion, or in the opinion of your general practitioner or other clinical authority, or other relevant regulated third party, we are no longer able to provide the level of care required to meet your needs; (b) You present an imminent physical threat or danger to yourself or others, are habitually disruptive, create unsafe conditions, or are physically or verbally abusive to other residents or in our reasonable opinion your behaviour or any circumstances relating to your stay may be detrimental to the welfare of the other residents or our employees in the ResidenceHome, provided that, where possible, we will first give you a warning and consult with you and your Responsible Party to manage periods of challenging behaviour before seeking to terminate this Agreement; (c) You, your Responsible Party or any applicable Funding Authority fails to pay fees and charges when due and such amounts remain unpaid following the service of a final warning; (d) You commit a serious breach of any of your representations, covenants, agreements, or obligations under this Agreement; (e) Any material misrepresentation or omission is made by you or on your behalf whether written or verbal; (f) The Residence Home is closed; or (g) The Responsible Party dies, loses capacity or becomes subject to an order under mental health legislation, or otherwise seeks to deny or repudiate their obligations under this Agreement. However, in the event that we determine that you or any of our employees or other residents in the Residence Home are in immediate danger as a result of you remaining in the ResidenceHome, we reserve the right to waive the twenty eight (28) days’ notice and take immediate steps to secure appropriate care for you elsewhere. 13.2.2 In the event that we give notice under this clause 13.2, we will use reasonable endeavours to assist you to find alternative accommodation. If you disagree with our decision to give you notice under this clause 13.2 please refer to the Signature Complaints Policy for further guidance.

Termination by Us. 13.2.1 We may a) Under normal circumstances (and subject to the TCP Code). provided you have completed the minimum term of your Contract we can terminate this Agreement your Contract and disconnect your Service at any time by giving not less than twenty eight (28after we give you 30 days’-notice of our intention to do so. b) days prior written notice to you stating the reason for termination upon the occurrence of Except as otherwise set out in clause 18.3, we may terminate your Contract immediately, without liability if any of the following events, as determined by us in our absolute discretion (acting on the advice of a medical practitioner, nurse or other clinical authority where relevant and where we have consulted with you and your Responsible Party before seeking circumstances apply to exercise our termination rights under this clause 13.2): (a) You require skilled nursing care or care over and above that which can be safely provided in the Residence or in our reasonable opinion, or in the opinion of your general practitioner or other clinical authority, or other relevant regulated third party, we are no longer able to provide the level of care required to meet your needs; (b) You present an imminent physical threat or danger to yourself or others, are habitually disruptive, create unsafe conditions, or are physically or verbally abusive to other residents or in our reasonable opinion your behaviour or any circumstances relating to your stay may be detrimental to the welfare of the other residents or our employees in the Residence, provided that, where possible, we will first give you a warning and consult with you and your Responsible Party to manage periods of challenging behaviour before seeking to terminate this Agreement; (c) You, your Responsible Party or any applicable Funding Authority fails to pay fees and charges when due and such amounts remain unpaid following the service of a final warning; (d) You commit a serious breach of any of your representations, covenants, agreements, or obligations under this Agreement; (e) Any material misrepresentation or omission is made by you or on your behalf whether written or verbal; (f) The Residence is closed; or (g) The Responsible Party dies, loses capacity or becomes subject to an order under mental health legislation, or otherwise seeks to deny or repudiate their obligations under this Agreement. However, in the event that we determine that you or any of our employees your Contracts or other residents Services: you fail to pay us any money that is due; you die or become bankrupt, insolvent or subject to a winding-up order or similar insolvency event or if we have a reasonable belief that we are unlikely to receive or retain payments for amounts due and payable by you under the Contract; you threaten not to pay us money that you owe us, or will owe us in the Residence future; you cause to be reversed any Direct Debit or credit card payment to us (except with our prior written agreement); you are in immediate danger material breach of your Contract; we are unavoidably required to do so by legislative or regulatory requirements, the order of a court or lawful direction of a competent authority; we supply you with a mobile telecommunications Service and it is Non-Tolling for three months; you become insolvent; we reasonably believe that you have vacated your Premises without notice to us; we reasonably consider that it is desirable to do so to facilitate Network maintenance or to protect the Network from harm; it becomes technically infeasible for us to continue Service; you use a Service in a way that places unreasonable demands on our Network; we are unable to obtain access to your Premises as required to provide, maintain or repair the Service; there is an emergency that warrants it; you have told us that you no longer require the Service; if we reasonably suspect fraud or attempted fraud involving the Service; we become entitled to suspend the Service, and the suspension continues for more than a result month; you breach your Customer Agreement, including terms relating to your use of the Service or any Acceptable Use Policy, and that breach cannot be remedied; you remaining breach your Customer Agreement, including terms relating to your use of the Service or any Acceptable Use Policy, and that breach can be remedied, but you do not remedy that breach within 30 days of receipt of a notice from us requiring the breach to be remedied; you are, or become, a carrier or carriage service provider under the Telecommunications Act (and we did not agree to provide you with Service despite that); or in the Residence, we reserve the right to waive the twenty eight (28) days’ notice and take immediate steps to secure appropriate care for you elsewhereany other circumstances stated elsewhere in our Customer Agreement. 13.2.2 In the event that we give notice under this clause 13.2, we will use reasonable endeavours to assist you to find alternative accommodation. If you disagree with our decision to give you notice under this clause 13.2 please refer to the Complaints Policy for further guidance.

Termination by Us. 13.2.1 We may terminate this Agreement at any time by giving not less than twenty eight (28) days prior written notice to you stating the reason for termination upon the occurrence of any of the following events, as determined by us in our absolute discretion (acting on the advice of a medical practitioner, nurse or other clinical authority where relevant and where we have consulted with you and your Responsible Party before seeking to exercise our termination rights under this clause 13.2): (a) You require skilled nursing care or care over and above that which can be safely provided in the Residence Community or in our reasonable opinion, or in the opinion of your general practitioner or other clinical authority, or other relevant regulated third party, we are no longer able to provide the level of care required to meet your needs; (b) You present an imminent physical threat or danger to yourself or others, are habitually disruptive, create unsafe conditions, or are physically or verbally abusive to other residents or in our reasonable opinion your behaviour or any circumstances relating to your stay may be detrimental to the welfare of the other residents or our employees in the ResidenceCommunity, provided that, where possible, we will first give you a warning and consult with you and your Responsible Party to manage periods of challenging behaviour before seeking to terminate this Agreement; (c) You, your Responsible Party or any applicable Funding Authority fails to pay fees and charges when due and such amounts remain unpaid following the service of a final warning; (d) You commit a serious breach of any of your representations, covenants, agreements, or obligations under this Agreement; (e) Any material misrepresentation or omission is made by you or on your behalf whether written or verbal; (f) The Residence Community is closed; or (g) The Responsible Party dies, loses capacity or becomes subject to an order under mental health legislation, or otherwise seeks to deny or repudiate their obligations under this Agreement. However, in the event that we determine that you or any of our employees or other residents in the Residence Community are in immediate danger as a result of you remaining in the ResidenceCommunity, we reserve the right to waive the twenty eight (28) days’ notice and take immediate steps to secure appropriate care for you elsewhere. 13.2.2 In the event that we give notice under this clause 13.2, we will use reasonable endeavours to assist you to find alternative accommodation. If you disagree with our decision to give you notice under this clause 13.2 please refer to the Sunrise Complaints Policy for further guidance.