Common use of Termination for Conduct Clause in Contracts

Termination for Conduct. Associated Membership of Associated Member shall terminate upon the determination by a majority vote of the Board of Directors after a hearing duly held in accordance with this Section that Associated Member has: (a) failed in a material respect to observe the rules of conduct promulgated from time to time by the Board of Directors and applicable to members; or (b) breached in a material respect other obligations applicable to Associated Members under the Governance Documents. Following the determination by the Board of Directors that Associated Member should be expelled or suspended, the following procedures shall be implemented:  A notice shall be sent by e-mail or prepaid, first-class, certified or registered mail to the most recent address of Associated Member as shown on the corporation’s records, setting forth the expulsion or suspension and the reasons therefor. Such notice shall be sent at least fifteen (15) days before the proposed effective date of the expulsion or suspension.  The Associated Member being expelled or suspended shall be given an opportunity to be heard, either orally or in writing, at a hearing to be held no fewer than five (5) days before the effective date of the proposed suspension or expulsion. The hearing shall be held by the Board of Directors. The notice to the Associated Member of the proposed expulsion or suspension shall state that such Associated Member is entitled, upon request, to such hearing, shall state that a date, time and place of the hearing will be established upon receipt of request therefor, and shall state, that in the absence of such request, the effective date of the proposed suspension or expulsion.  Following the hearing, the Board of Directors shall vote upon whether the Associated Member should in fact be expelled, suspended, or sanctioned in some other way. The decision of the Board of Directors shall be final.

Termination for Conduct. Associated Membership of Associated Member shall terminate upon the determination by a majority vote of the Board of Directors after a hearing duly held in accordance with this Section that Associated Member has: (a) failed in a material respect to observe the rules of conduct promulgated from time to time by the Board of Directors and applicable to members; or (b) breached in a material respect other obligations applicable to Associated Members under the Governance Documents. Following the determination by the Board of Directors that Associated Member should be expelled or suspended, the following procedures shall be implemented:  • A notice shall be sent by e-mail or prepaid, first-class, certified or registered mail to the most recent address of Associated Member as shown on the corporation’s records, setting forth the expulsion or suspension and the reasons therefor. Such notice shall be sent at least fifteen (15) days before the proposed effective date of the expulsion or suspension.  • The Associated Member being expelled or suspended shall be given an opportunity to be heard, either orally or in writing, at a hearing to be held no fewer than five (5) days before the effective date of the proposed suspension or expulsion. The hearing shall be held by the Board of Directors. The notice to the Associated Member of the proposed expulsion or suspension shall state that such Associated Member is entitled, upon request, to such hearing, shall state that a date, time and place of the hearing will be established upon receipt of request therefor, and shall state, that in the absence of such request, the effective date of the proposed suspension or expulsion.  • Following the hearing, the Board of Directors shall vote upon whether the Associated Member should in fact be expelled, suspended, or sanctioned in some other way. The decision of the Board of Directors shall be final.