Common use of Terminated Clause in Contracts

Terminated. Providers designated with the ‘Terminated’ status are prohibited from participation in the Pilot for the remainder of the Participation Agreement term. A Terminated Provider shall be removed from the NYSERDA website and shall not represent themselves as a Provider. A Terminated Provider forfeits its eligibility for Provider incentives and its customers will not have access to Pilot services. All references to NYSERDA must be removed from all marketing materials, vehicles, and advertising including vehicle clings and website as applicable. Customers with incomplete Ratings will be notified of the termination and may be offered such remedies as NYSERDA deems appropriate. If appropriate, NYSERDA may notify the New York State Attorney General, the New York State Department of Labor, the Better Business Bureau, or others of NYSERDA’s findings and decision to terminate the Provider. Further, the officers and owners of the terminated Provider are prohibited from being or becoming officers or owners of any other Provider. In the event a terminated Provider’s company is sold to new owners, it is NYSERDA’s sole discretion whether to allow the terminated Company’s name, or similar derivations, to once again be considered for Pilot Participation. Nothing in this process relieves the Provider of the responsibility to fulfill any remaining obligation to the Pilot, or Pilot customers. NYSERDA has sole discretion in determining whether to terminate a Provider. A Provider may be terminated from participation in the Pilot for any of the following reasons: a. Has been on suspended status for more than 30 days and has been unresponsive to or failed to adequately fulfill the terms of their suspension b. Loss of qualifying certifications while Suspended c. Submits falsified documents or unauthorized signatures to the Pilot d. Commits illegal actions while participating in the Pilot e. Is convicted or has a principal who is convicted of a criminal charge that casts the Pilot in negative light or calls the integrity or workmanship of the Provider into question f. Is in gross violation of Pilot standards