Common use of Termination Rights Clause in Contracts

Termination Rights. In addition to any other rights it has to terminate this VET Funding Contract, the Department may terminate this VET Funding Contract at any time by issuing a Notice to the Training Provider 20 Business Days prior to the termination date. In the event that the Department terminates this VET Funding Contract in accordance with this Clause 18.1, the Department will pay: amounts that, in the reasonable opinion of the Department, are due and payable under Clause 8 of this VET Funding Contract as at the date of termination; and reasonable costs (but not including loss of profit or income) that, in the reasonable opinion of the Department, have been necessarily and directly incurred by the Training Provider as a result of the termination, provided that the Training Provider has, to the reasonable satisfaction of the Department: used its best efforts to minimise any costs arising as a result of the termination; and provided adequate documentary evidence to substantiate those costs. The Training Provider acknowledges and agrees that any amount paid by the Department will be finally determined by the Department. This VET Funding Contract may be terminated at any time by written agreement between the Parties. The Department may terminate this VET Funding Contract immediately by issuing a Notice to the Training Provider if: the Training Provider commits a Material Breach of this VET Funding Contract; the Training Provider commits a breach of this VET Funding Contract (whether or not the breach is a Material Breach) which cannot be remedied; the Training Provider commits a breach of this VET Funding Contract (whether or not the breach is a Material Breach) and the Training Provider: fails to commence action to remedy the breach within 10 Business Days after the Department has served a Notice requiring it to do so; or having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the Department's Notice; without limiting Clauses 18.3(a), (b or (c, the Training Provider fails to provide some or all of the Training Services for which Funds have been claimed and/or paid or if the Training Services are not provided to a standard satisfactory to the Department; there has been any fraud or reasonably suspected fraud relating to the Training Provider or the Funds, misappropriation of Funds by the Training Provider or there has otherwise been any misleading or deceptive conduct on the part of the Training Provider in connection with this VET Funding Contract or the claiming, receipt or use of the Funds; an Insolvency Event occurs in relation to the Training Provider; the Training Provider undergoes a Change in Control that has not been approved by the Department under Clause 7.6; the Training Provider undergoes an event referred to in Clause 7.10; the Training Provider has made, or the Department reasonably suspects that the Training Provider has made any false or misleading representation to the Department in connection with this VET Funding Contract (whether by act or omission, and whether before or after the Commencement Date) or has otherwise breached any warranty in Clause 14.1; the registration of the Training Provider under applicable legislation is suspended, withdrawn, cancelled or otherwise ceases; the Department terminates any other contract with the Training Provider regarding government subsidised training pursuant to any provision of that contract other than on a ground equivalent to a ground set out in one of Clauses 18.1, 18.3(f), 18.3(g), 18.3(h) and 18.3(j); the Department terminates any contract with a Related Training Provider regarding government subsidised training pursuant to any provision of that contract other than on a ground equivalent to a ground set out in one of Clauses 18.1, 18.3(f), 18.3(g), 18.3(h) and 18.3(j);

Appears in 11 contracts

Samples: Restricted Vet Funding Contract, www.education.vic.gov.au, www.education.vic.gov.au

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Termination Rights. In addition to any other rights it has to terminate this VET Funding Contract, the Department may terminate this VET Funding Contract at any time by issuing a Notice to the Training Provider 20 Business Days prior to the termination date. In the event that the Department terminates this VET Funding Contract in accordance with this Clause 18.1, the Department will pay: amounts that, in the reasonable opinion of the Department, are due and payable under Clause 8 of this VET Funding Contract as at the date of termination; and reasonable costs (but not including loss of profit or income) that, in the reasonable opinion of the Department, have been necessarily and directly incurred by the Training Provider as a result of the termination, provided that the Training Provider has, to the reasonable satisfaction of the Department: used its best efforts to minimise any costs arising as a result of the termination; and provided adequate documentary evidence to substantiate those costs. The Training Provider acknowledges and agrees that any amount paid by the Department will be finally determined by the Department. This VET Funding Contract may be terminated at any time by written agreement between the Parties. The Department may terminate this VET Funding Contract immediately by issuing a Notice to the Training Provider if: the Training Provider commits a Material Breach of this VET Funding Contract; the Training Provider commits a breach of this VET Funding Contract (whether or not the breach is a Material Breach) which cannot be remedied; the Training Provider commits a breach of this VET Funding Contract (whether or not the breach is a Material Breach) and the Training Provider: fails to commence action to remedy the breach within 10 Business Days after the Department has served a Notice requiring it to do so; or having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the Department's Notice; without limiting Clauses 18.3(a), (b b) or (c), the Training Provider fails to provide some or all of the Training Services for which Funds have been claimed and/or paid or if the Training Services are not provided to a standard satisfactory to the Department; there has been any fraud or reasonably suspected fraud relating to the Training Provider or the Funds, misappropriation of Funds by the Training Provider or there has otherwise been any misleading or deceptive conduct on the part of the Training Provider in connection with this VET Funding Contract or the claiming, receipt or use of the Funds; an Insolvency Event occurs in relation to the Training Provider; the Training Provider undergoes a Change in Control that has not been approved by the Department under Clause 7.6; the Training Provider undergoes an event referred to in Clause 7.10; the Training Provider has made, or the Department reasonably suspects that the Training Provider has made any false or misleading representation to the Department in connection with this VET Funding Contract (whether by act or omission, and whether before or after the Commencement Date) or has otherwise breached any warranty in Clause 14.1; the registration of the Training Provider under applicable legislation is suspended, withdrawn, cancelled or otherwise ceases; the Department terminates any other contract with the Training Provider regarding government subsidised training pursuant to any provision of that contract other than on a ground equivalent to a ground set out in one of Clauses 18.1, 18.3(f), 18.3(g), 18.3(h) and 18.3(j); the Department terminates any contract with a Related Training Provider regarding government subsidised training pursuant to any provision of that contract other than on a ground equivalent to a ground set out in one of Clauses 18.1, 18.3(f), 18.3(g), 18.3(h) and 18.3(j);

Appears in 7 contracts

Samples: www.education.vic.gov.au, www.education.vic.gov.au, www.education.vic.gov.au

Termination Rights. In addition to any other termination rights it has to terminate this VET Funding Contracthas, the Department may terminate this VET Funding Contract at any time by issuing a Notice to the Training Provider Provider. Such a termination will take effect 20 Business Days prior to after the termination dateNotice takes effect under Clause 14.2, or at any later time specified in the Notice. In the event that If the Department terminates this VET Funding Contract in accordance with this under Clause 18.117.1, the Department it will determine and pay: amounts that, in the its reasonable opinion of the Departmentopinion, are due and payable under Clause 8 of this VET Funding Contract as at the date of termination; and reasonable costs (but not including loss of profit or income) that, in the its reasonable opinion of the Departmentopinion, have been necessarily and directly incurred by the Training Provider as a result of the termination, provided that the Training Provider has, to the reasonable satisfaction of the Department: used its best efforts to minimise any costs arising as a result of the termination; and provided adequate documentary evidence to substantiate those costs. The Training Provider acknowledges and agrees that any amount paid by the Department will be finally determined by the Department. This VET Funding Contract may be terminated at any time by written agreement between the Parties. The Department may terminate this VET Funding Contract immediately by issuing a Notice to the Training Provider if: the Training Provider commits a Material Breach of this VET Funding ContractBreach; the Training Provider commits a breach of this VET Funding Contract (whether or not the breach it is a Material Breach) which cannot be remedied; the Training Provider commits a breach of this VET Funding Contract (whether or not the breach it is a Material Breach) and the Training Providerit: fails to commence action to remedy the breach within 10 Business Days after the Department has served a Notice requiring it to do so; or having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the Department's Notice; without limiting Clauses 18.3(a), paragraphs (b or a) to (c), the Training Provider fails to provide some or all of the Training Services for which Funds have been claimed and/or paid or if the any such Training Services are not provided to a standard satisfactory to the Department; there has been any fraud fraud, or the Department reasonably suspected fraud suspects any fraud, relating to the Training Provider or the Funds, or there has been any misappropriation of Funds by the Training Provider or there has otherwise been any other misleading or deceptive conduct on the part of the Training Provider in connection with this VET Funding Contract or the claiming, receipt or use of the Funds; an Insolvency Event occurs in relation to the Training Provider; ’s registration as a registered training organisation under the Training Provider undergoes a Change in Control that has not been approved by the Department under Clause 7.6; the Training Provider undergoes an event referred to in Clause 7.10; the Training Provider has made, Act or the Department reasonably suspects that the Training Provider has made any false or misleading representation to the Department in connection with this VET Funding Contract (whether by act or omission, and whether before or after the Commencement Date) or has otherwise breached any warranty in Clause 14.1; the registration of the Training Provider under applicable legislation National Act is suspended, withdrawn, cancelled or otherwise ceases; the Department terminates any other contract with the Training Provider regarding government subsidised training pursuant to any provision of that contract other than on a ground equivalent to a ground set out in one of Clauses 18.1, 18.3(f), 18.3(g), 18.3(h) and 18.3(j); the Department terminates any contract with a Related Training Provider regarding government subsidised training pursuant to any provision of that contract other than on a ground equivalent to a ground set out in one of Clauses 18.1, 18.3(f), 18.3(g), 18.3(h) and 18.3(j)an Other VET Funding Arrangement Termination Event occurs;

Appears in 5 contracts

Samples: 2022 Tafe Vet Funding, 2022 Tafe Vet Funding, 2022 Tafe Vet Funding

Termination Rights. In addition to any other rights it has to terminate this VET Funding Contract, the Department may terminate this VET Funding Contract at any time by issuing a Notice to the Training Provider 20 Business Days prior to the termination date. In the event that the Department terminates this VET Funding Contract in accordance with this Clause 18.1, the Department will pay: amounts that, in the reasonable opinion of the Department, are due and payable under Clause 8 of this VET Funding Contract as at the date of termination; and reasonable costs (but not including loss of profit or income) that, in the reasonable opinion of the Department, have been necessarily and directly incurred by the Training Provider as a result of the termination, provided that the Training Provider has, to the reasonable satisfaction of the Department: used its best efforts to minimise any costs arising as a result of the termination; and provided adequate documentary evidence to substantiate those costs. The Training Provider acknowledges and agrees that any amount paid by the Department will be finally determined by the Department. This VET Funding Contract may be terminated at any time by written agreement between the Parties. The Department may terminate this VET Funding Contract immediately by issuing a Notice to the Training Provider if: the Training Provider commits a Material Breach of this VET Funding Contract; the Training Provider commits a breach of this VET Funding Contract (whether or not the breach is a Material Breach) which cannot be remedied; the Training Provider commits a breach of this VET Funding Contract (whether or not the breach is a Material Breach) and the Training Provider: fails to commence action to remedy the breach within 10 Business Days after the Department has served a Notice requiring it to do so; or having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the Department's Notice; without limiting Clauses 18.3(a), (b or (c, the Training Provider fails to provide some or all of the Training Services for which Funds have been claimed and/or paid or if the Training Services are not provided to a standard satisfactory to the Department; there has been any fraud or reasonably suspected fraud relating to the Training Provider or the Funds, misappropriation of Funds by the Training Provider or there has otherwise been any misleading or deceptive conduct on the part of the Training Provider in connection with this VET Funding Contract or the claiming, receipt or use of the Funds; an Insolvency Event occurs in relation to the Training Provider; the Training Provider undergoes a Change in Control that has not been approved by the Department under Clause 7.6; the Training Provider undergoes an event referred to in Clause 7.10; the Training Provider has made, or the Department reasonably suspects that the Training Provider has made any false or misleading representation to the Department in connection with this VET Funding Contract (whether by act or omission, and whether before or after the Commencement Date) or has otherwise breached any warranty in Clause 14.1; the registration of the Training Provider under applicable legislation is suspended, withdrawn, cancelled or otherwise ceases; the Department terminates any other contract with the Training Provider regarding government subsidised training pursuant to any provision of that contract other than on a ground equivalent to a ground set out in one of Clauses 18.1, 18.3(f), 18.3(g), 18.3(h) and 18.3(j); the Department terminates any contract with a Related Training Provider regarding government subsidised training pursuant to any provision of that contract other than on a ground equivalent to a ground set out in one of Clauses 18.1, 18.3(f), 18.3(g), 18.3(h) and 18.3(j)an Other VET Funding Arrangement Termination Event occurs;

Appears in 5 contracts

Samples: www.education.vic.gov.au, www.education.vic.gov.au, www.education.vic.gov.au

Termination Rights. In addition to any other termination rights it has to terminate this VET Funding Contracthas, the Department may terminate this VET Funding Contract at any time by issuing a Notice to the Training Provider Provider. Such a termination will take effect 20 Business Days prior to after the termination dateNotice takes effect under Clause 14.2, or at any later time specified in the Notice. In the event that If the Department terminates this VET Funding Contract in accordance with this under Clause 18.117.1, the Department it will determine and pay: amounts that, in the its reasonable opinion of the Departmentopinion, are due and payable under Clause 8 of this VET Funding Contract as at the date of termination; and reasonable costs (but not including loss of profit or income) that, in the its reasonable opinion of the Departmentopinion, have been necessarily and directly incurred by the Training Provider as a result of the termination, provided that the Training Provider has, to the reasonable satisfaction of the Department: used its best efforts to minimise any costs arising as a result of the termination; and provided adequate documentary evidence to substantiate those costs. The Training Provider acknowledges and agrees that any amount paid by the Department will be finally determined by the Department. This VET Funding Contract may be terminated at any time by written agreement between the Parties. The Department may terminate this VET Funding Contract immediately by issuing a Notice to the Training Provider if: the Training Provider commits a Material Breach of this VET Funding ContractBreach; the Training Provider commits a breach of this VET Funding Contract (whether or not the breach it is a Material Breach) which cannot be remedied; the Training Provider commits a breach of this VET Funding Contract (whether or not the breach it is a Material Breach) and the Training Providerit: fails to commence action to remedy the breach within 10 Business Days after the Department has served a Notice requiring it to do so; or having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the Department's Notice; without limiting Clauses 18.3(a), paragraphs (b or a) to (c), the Training Provider fails to provide some or all of the Training Services for which Funds have been claimed and/or paid or if the any such Training Services are not provided to a standard satisfactory to the Department; there has been any fraud fraud, or the Department reasonably suspected fraud suspects any fraud, relating to the Training Provider or the Funds, or there has been any misappropriation of Funds by the Training Provider or there has otherwise been any other misleading or deceptive conduct on the part of the Training Provider in connection with this VET Funding Contract or the claiming, receipt or use of the Funds; an Insolvency Event occurs in relation (provided that termination on this ground is subject to any applicable statutory stay on the Training Providerexercise of rights, including sections 415D, 434J and 451E of the Corporations Act, as the case may be); the Training Provider undergoes a Change in Control that has not been approved by the Department under Clause 7.67.4; the Training Provider undergoes an event referred to in Clause 7.107.8; the Training Provider has made, or the Department reasonably suspects that the Training Provider has made made, any false or misleading representation to the Department in connection with this VET Funding Contract (whether by act or omission, and whether before or after the Commencement Date) or has otherwise breached any warranty in Clause 14.1); the Training Provider’s registration of as a registered training organisation under the Training Provider under applicable legislation Act or the National Act is suspended, withdrawn, cancelled or otherwise ceases; the Department terminates any other contract with the Training Provider regarding government government-subsidised training pursuant to under any provision of that contract other than on a ground equivalent to a ground set out in one of Clauses 18.117.1, 18.3(f17.4(f), 18.3(g17.4(g), 18.3(h17.4(h) and 18.3(j17.4(j); the Department terminates any contract with a Related Training Provider regarding government government-subsidised training pursuant to under any provision of that contract other than on a ground equivalent to a ground set out in one of Clauses 18.117.1, 18.3(f17.4(f), 18.3(g17.4(g), 18.3(h17.4(h) and 18.3(j17.4(j);; an Other VET Funding Arrangement Termination Event occurs; and/or an Other VET Funding Arrangement Termination Event occurs to another registered training organisation that is a member of the Training Provider Group.

Appears in 4 contracts

Samples: www.vic.gov.au, www.education.vic.gov.au, www.education.vic.gov.au

Termination Rights. In addition to any other rights it has to terminate this VET Funding Contract, the Department may terminate this VET Funding Contract at any time by issuing a Notice to the Training Provider 20 Business Days prior to the termination date. In the event that the Department terminates this VET Funding Contract in accordance with this Clause 18.1, the Department will pay: amounts that, in the reasonable opinion of the Department, are due and payable under Clause 8 of this VET Funding Contract as at the date of termination; and reasonable costs (but not including loss of profit or income) that, in the reasonable opinion of the Department, have been necessarily and directly incurred by the Training Provider as a result of the termination, provided that the Training Provider has, to the reasonable satisfaction of the Department: used its best efforts to minimise any costs arising as a result of the termination; and provided adequate documentary evidence to substantiate those costs. The Training Provider acknowledges and agrees that any amount paid by the Department will be finally determined by the Department. This VET Funding Contract may be terminated at any time by written agreement between the Parties. The Department may terminate this VET Funding Contract immediately by issuing a Notice to the Training Provider if: the Training Provider commits a Material Breach of this VET Funding Contract; the Training Provider commits a breach of this VET Funding Contract (whether or not the breach is a Material Breach) which cannot be remedied; the Training Provider commits a breach of this VET Funding Contract (whether or not the breach is a Material Breach) and the Training Provider: fails to commence action to remedy the breach within 10 Business Days after the Department has served a Notice requiring it to do so; or having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the Department's Notice; without limiting Clauses 18.3(a), (b b) or (c), the Training Provider fails to provide some or all of the Training Services for which Funds have been claimed and/or paid or if the Training Services are not provided to a standard satisfactory to the Department; there has been any fraud or reasonably suspected fraud relating to the Training Provider or the Funds, misappropriation of Funds by the Training Provider or there has otherwise been any misleading or deceptive conduct on the part of the Training Provider in connection with this VET Funding Contract or the claiming, receipt or use of the Funds; an Insolvency Event occurs in relation to the Training Provider; the Training Provider undergoes a Change in Control that has not been approved by the Department under Clause 7.6; the Training Provider undergoes an event referred to in Clause 7.10; the Training Provider has made, or the Department reasonably suspects that the Training Provider has made any false or misleading representation to the Department in connection with this VET Funding Contract (whether by act or omission, and whether before or after the Commencement Date) or has otherwise breached any warranty in Clause 14.1; the registration of the Training Provider under applicable legislation is suspended, withdrawn, cancelled or otherwise ceases; the Department terminates any other contract with the Training Provider regarding government subsidised training pursuant to any provision of that contract other than on a ground equivalent to a ground set out in one of Clauses 18.1, 18.3(f), 18.3(g), 18.3(h) and 18.3(j); the Department terminates any contract with a Related Training Provider regarding government subsidised training pursuant to any provision of that contract other than on a ground equivalent to a ground set out in one of Clauses 18.1, 18.3(f), 18.3(g), 18.3(h) and 18.3(j)an Other VET Funding Arrangement Termination Event occurs;

Appears in 4 contracts

Samples: www.education.vic.gov.au, www.education.vic.gov.au, www.education.vic.gov.au

Termination Rights. In addition to any other rights it has to terminate this VET Funding Contract, the Department may terminate this VET Funding Contract at any time by issuing a Notice to giving the Training Provider 20 Business Days prior to the termination datewritten notice of termination. In the event that the Department terminates this VET Funding Contract in accordance with this Clause 18.1, the Department will pay: amounts that, in the reasonable opinion of the Department, are due and payable under Clause 8 of this VET Funding Contract as at the date of termination; and reasonable costs (but not including loss of profit or income) that, in the reasonable opinion of the Department, have been necessarily and directly incurred by the Training Provider as a result of the termination, provided that the Training Provider has, to the reasonable satisfaction of the Department: used its best efforts to minimise any costs arising as a result of the termination; and provided adequate documentary evidence to substantiate those costs. The Training Provider acknowledges and agrees that any amount paid by the Department will be finally determined by the Department. This VET Funding Contract may be terminated at any time by written agreement between the Parties. The Department may terminate this VET Funding Contract immediately by issuing a Notice written notice to the Training Provider if: the Training Provider commits a Material Breach of this VET Funding Contract; the Training Provider commits a breach of this VET Funding Contract (whether or not the breach is a Material Breach) which cannot be remedied; the Training Provider commits a breach of this VET Funding Contract (whether or not the breach is a Material Breach) and the Training Provider: fails to commence action to remedy the breach within 10 Business Days after the Department has served a Notice notice requiring it to do so; or having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the Department's Noticenotice; without limiting Clauses 18.3(a), (b or (c, the Training Provider fails to provide some or all of the Training Services for which Funds have been claimed and/or paid or if the Training Services are not provided to a standard satisfactory to the Department; there has been any fraud or reasonably suspected fraud relating to the Training Provider or the Funds, misappropriation of Funds by the Training Provider or there has otherwise been any misleading or deceptive conduct on the part of the Training Provider in connection with this VET Funding Contract or the claiming, receipt or use of the Funds; an Insolvency Event occurs in relation to the Training Provider; the Training Provider undergoes a Change in Control that has not been approved by the Department under Clause 7.6; the Training Provider undergoes an event referred to in Clause 7.107.11; the Training Provider has made, or the Department reasonably suspects that the Training Provider has made any false or misleading representation to the Department in connection with this VET Funding Contract (whether by act or omission, and whether before or after the Commencement Date) or has otherwise breached any warranty in Clause 14.1; the registration of the Training Provider under applicable legislation is suspended, withdrawn, cancelled or otherwise ceases; the Department terminates any other contract with the Training Provider regarding government subsidised training pursuant to any provision of that contract other than on a ground equivalent to a ground set out in one of Clauses 18.1, 18.3(f), 18.3(g), 18.3(h) and 18.3(j); the Department terminates any contract with a Related Training Provider regarding government subsidised training pursuant to any provision of that contract other than on a ground equivalent to a ground set out in one of Clauses 18.1, 18.3(f), 18.3(g), 18.3(h) and 18.3(j);

Appears in 3 contracts

Samples: Vet Funding Contract, Restricted Vet Funding, www.education.vic.gov.au

Termination Rights. In addition to any other termination rights it has to terminate this VET Funding Contracthas, the Department may terminate this VET Funding Contract at any time by issuing a Notice to the Training Provider Provider. Such a termination will take effect 20 Business Days prior to after the termination dateNotice takes effect under Clause 14.2, or at any later time specified in the Notice. In the event that If the Department terminates this VET Funding Contract in accordance with this under Clause 18.117.1, the Department it will determine and pay: amounts that, in the its reasonable opinion of the Departmentopinion, are due and payable under Clause 8 of this VET Funding Contract as at the date of termination; and reasonable costs (but not including loss of profit or income) that, in the its reasonable opinion of the Departmentopinion, have been necessarily and directly incurred by the Training Provider as a result of the termination, provided that the Training Provider has, to the reasonable satisfaction of the Department: used its best efforts to minimise any costs arising as a result of the termination; and provided adequate documentary evidence to substantiate those costs. The Training Provider acknowledges and agrees that any amount paid by the Department will be finally determined by the Department. This VET Funding Contract may be terminated at any time by written agreement between the Parties. The Department may terminate this VET Funding Contract immediately by issuing a Notice to the Training Provider if: the Training Provider commits a Material Breach of this VET Funding ContractBreach; the Training Provider commits a breach of this VET Funding Contract (whether or not the breach it is a Material Breach) which cannot be remedied; the Training Provider commits a breach of this VET Funding Contract (whether or not the breach it is a Material Breach) and the Training Providerit: fails to commence action to remedy the breach within 10 Business Days after the Department has served a Notice requiring it to do so; or having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the Department's Notice; without limiting Clauses 18.3(a), paragraphs (b or a) to (c), the Training Provider fails to provide some or all of the Training Services for which Funds have been claimed and/or paid or if the any such Training Services are not provided to a standard satisfactory to the Department; there has been any fraud fraud, or the Department reasonably suspected fraud suspects any fraud, relating to the Training Provider or the Funds, or there has been any misappropriation of Funds by the Training Provider or there has otherwise been any other misleading or deceptive conduct on the part of the Training Provider in connection with this VET Funding Contract or the claiming, receipt or use of the Funds; an Insolvency Event occurs in relation to the Training Provider; ’s registration as a registered training organisation under the Training Provider undergoes a Change in Control that has not been approved by the Department under Clause 7.6; the Training Provider undergoes an event referred to in Clause 7.10; the Training Provider has made, Act or the Department reasonably suspects that the Training Provider has made any false or misleading representation to the Department in connection with this VET Funding Contract (whether by act or omission, and whether before or after the Commencement Date) or has otherwise breached any warranty in Clause 14.1; the registration of the Training Provider under applicable legislation National Act is suspended, withdrawn, cancelled or otherwise ceases; the Department terminates any other contract with an Other VET Funding Arrangement Termination Event occurs; an Other VET Funding Arrangement Termination Event occurs to another registered training organisation that is a member of the Training Provider regarding government subsidised training Group; and/or the Training Provider is abolished or will cease to exist pursuant to any provision of that contract other than on a ground equivalent to a ground set out in one of Clauses 18.1, 18.3(f), 18.3(g), 18.3(h) and 18.3(j); the Department terminates any contract with a Related Training Provider regarding government subsidised training pursuant to any provision of that contract other than on a ground equivalent to a ground set out in one of Clauses 18.1, 18.3(f), 18.3(g), 18.3(h) and 18.3(j);its governing legislation.

Appears in 3 contracts

Samples: www.education.vic.gov.au, www.education.vic.gov.au, www.education.vic.gov.au

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Termination Rights. In addition to any other termination rights it has to terminate this VET Funding Contracthas, the Department may terminate this VET Funding Contract at any time by issuing a Notice to the Training Provider Provider. Such a termination will take effect 20 Business Days prior to after the termination dateNotice takes effect under Clause 14.2, or at any later time specified in the Notice. In the event that If the Department terminates this VET Funding Contract in accordance with this under Clause 18.117.1, the Department it will determine and pay: amounts that, in the its reasonable opinion of the Departmentopinion, are due and payable under Clause 8 of this VET Funding Contract as at the date of termination; and reasonable costs (but not including loss of profit or income) that, in the its reasonable opinion of the Departmentopinion, have been necessarily and directly incurred by the Training Provider as a result of the termination, provided that the Training Provider has, to the reasonable satisfaction of the Department: used its best efforts to minimise any costs arising as a result of the termination; and provided adequate documentary evidence to substantiate those costs. The Training Provider acknowledges and agrees that any amount paid by the Department will be finally determined by the Department. This VET Funding Contract may be terminated at any time by written agreement between the Parties. The Department may terminate this VET Funding Contract immediately by issuing a Notice to the Training Provider if: the Training Provider commits a Material Breach of this VET Funding ContractBreach; the Training Provider commits a breach of this VET Funding Contract (whether or not the breach it is a Material Breach) which cannot be remedied; the Training Provider commits a breach of this VET Funding Contract (whether or not the breach it is a Material Breach) and the Training Providerit: fails to commence action to remedy the breach within 10 Business Days after the Department has served a Notice requiring it to do so; or having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the Department's Notice; without limiting Clauses 18.3(a17.4(a), (b or (c, the Training Provider fails to provide some or all of the Training Services for which Funds have been claimed and/or paid or if the any such Training Services are not provided to a standard satisfactory to the Department; there has been any fraud fraud, or the Department reasonably suspected fraud suspects any fraud, relating to the Training Provider or the Funds, or there has been any misappropriation of Funds by the Training Provider or there has otherwise been any other misleading or deceptive conduct on the part of the Training Provider in connection with this VET Funding Contract or the claiming, receipt or use of the Funds; an Insolvency Event occurs in relation to the Training Provider; ’s registration as a registered training organisation under the Training Provider undergoes a Change in Control that has not been approved by the Department under Clause 7.6; the Training Provider undergoes an event referred to in Clause 7.10; the Training Provider has made, Act or the Department reasonably suspects that the Training Provider has made any false or misleading representation to the Department in connection with this VET Funding Contract (whether by act or omission, and whether before or after the Commencement Date) or has otherwise breached any warranty in Clause 14.1; the registration of the Training Provider under applicable legislation National Act is suspended, withdrawn, cancelled or otherwise ceases; the Department terminates any other contract with the Training Provider regarding government subsidised training pursuant to any provision of that contract other than on a ground equivalent to a ground set out in one of Clauses 18.1, 18.3(f), 18.3(g), 18.3(h) and 18.3(j); the Department terminates any contract with a Related Training Provider regarding government subsidised training pursuant to any provision of that contract other than on a ground equivalent to a ground set out in one of Clauses 18.1, 18.3(f), 18.3(g), 18.3(h) and 18.3(j)an Other VET Funding Arrangement Termination Event occurs;

Appears in 2 contracts

Samples: Tafe Vet Funding Contract, www.education.vic.gov.au

Termination Rights. In addition to any other termination rights it has to terminate this VET Funding Contracthas, the Department may terminate this VET Funding Contract at any time by issuing a Notice to the Training Provider Provider. Such a termination will take effect 20 Business Days prior to after the termination dateNotice takes effect under Clause 14.2, or at any later time specified in the Notice. In the event that If the Department terminates this VET Funding Contract in accordance with this under Clause 18.117.1, the Department it will determine and pay: amounts that, in the its reasonable opinion of the Departmentopinion, are due and payable under Clause 8 of this VET Funding Contract as at the date of termination; and reasonable costs (but not including loss of profit or income) that, in the its reasonable opinion of the Departmentopinion, have been necessarily and directly incurred by the Training Provider as a result of the termination, provided that the Training Provider has, to the reasonable satisfaction of the Department: used its best efforts to minimise any costs arising as a result of the termination; and provided adequate documentary evidence to substantiate those costs. The Training Provider acknowledges and agrees that any amount paid by the Department will be finally determined by the Department. This VET Funding Contract may be terminated at any time by written agreement between the Parties. The Department may terminate this VET Funding Contract immediately by issuing a Notice to the Training Provider if: the Training Provider commits a Material Breach of this VET Funding ContractBreach; the Training Provider commits a breach of this VET Funding Contract (whether or not the breach it is a Material Breach) which cannot be remedied; the Training Provider commits a breach of this VET Funding Contract (whether or not the breach it is a Material Breach) and the Training Providerit: fails to commence action to remedy the breach within 10 Business Days after the Department has served a Notice requiring it to do so; or having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the Department's Notice; without limiting Clauses 18.3(a17.4(a), (b or (c, the Training Provider fails to provide some or all of the Training Services for which Funds have been claimed and/or paid or if the any such Training Services are not provided to a standard satisfactory to the Department; there has been any fraud fraud, or the Department reasonably suspected fraud suspects any fraud, relating to the Training Provider or the Funds, or there has been any misappropriation of Funds by the Training Provider or there has otherwise been any other misleading or deceptive conduct on the part of the Training Provider in connection with this VET Funding Contract or the claiming, receipt or use of the Funds; an Insolvency Event occurs in relation (provided that termination on this ground is subject to any applicable statutory stay on the Training Providerexercise of rights, including sections 415D, 434J and 451E of the Corporations Act, as the case may be); the Training Provider undergoes a Change in Control that has not been approved by the Department under Clause 7.67.4; the Training Provider undergoes an event referred to in Clause 7.107.8; the Training Provider has made, or the Department reasonably suspects that the Training Provider has made made, any false or misleading representation to the Department in connection with this VET Funding Contract (whether by act or omission, and whether before or after the Commencement Date) or has otherwise breached any warranty in Clause 14.1); the Training Provider’s registration of as a registered training organisation under the Training Provider under applicable legislation Act or the National Act is suspended, withdrawn, cancelled or otherwise ceases; the Department terminates any other contract with the Training Provider regarding government government-subsidised training pursuant to under any provision of that contract other than on a ground equivalent to a ground set out in one of Clauses 18.117.1, 18.3(f17.4(f), 18.3(g17.4(g), 18.3(h17.4(h) and 18.3(j17.4(j); the Department terminates any contract with a Related Training Provider regarding government government-subsidised training pursuant to under any provision of that contract other than on a ground equivalent to a ground set out in one of Clauses 18.117.1, 18.3(f17.4(f), 18.3(g17.4(g), 18.3(h17.4(h) and 18.3(j17.4(j);; an Other VET Funding Arrangement Termination Event occurs; and/or an Other VET Funding Arrangement Termination Event occurs to another registered training organisation that is a member of the Training Provider Group.

Appears in 2 contracts

Samples: Vet Funding Contract, www.education.vic.gov.au

Termination Rights. In addition to any other rights it has to terminate this VET Funding Contract, the Department may terminate this VET Funding Contract at any time by issuing a Notice to giving the Training Provider 20 Business Days prior to the termination datewritten notice of termination. In the event that the Department terminates this VET Funding Contract in accordance with this Clause 18.1, the Department will pay: amounts that, in the reasonable opinion of the Department, are due and payable under Clause 8 of this VET Funding Contract as at the date of termination; and reasonable costs (but not including loss of profit or income) that, in the reasonable opinion of the Department, have been necessarily and directly incurred by the Training Provider as a result of the termination, provided that the Training Provider has, to the reasonable satisfaction of the Department: used its best efforts to minimise any costs arising as a result of the termination; and provided adequate documentary evidence to substantiate those costs. The Training Provider acknowledges and agrees that any amount paid by the Department will be finally determined by the Department. This VET Funding Contract may be terminated at any time by written agreement between the Parties. The Department may terminate this VET Funding Contract immediately by issuing a Notice written notice to the Training Provider if: the Training Provider commits a Material Breach of this VET Funding Contract; the Training Provider commits a breach of this VET Funding Contract (whether or not the breach is a Material Breach) which cannot be remedied; the Training Provider commits a breach of this VET Funding Contract (whether or not the breach is a Material Breach) and the Training Provider: fails to commence action to remedy the breach within 10 Business Days after the Department has served a Notice notice requiring it to do so; or having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the Department's Noticenotice; without limiting Clauses 18.3(a), (b b) or (c), the Training Provider fails to provide some or all of the Training Services for which Funds have been claimed and/or paid or if the Training Services are not provided to a standard satisfactory to the Department; there has been any fraud or reasonably suspected fraud relating to the Training Provider or the Funds, misappropriation of Funds by the Training Provider or there has otherwise been any misleading or deceptive conduct on the part of the Training Provider in connection with this VET Funding Contract or the claiming, receipt or use of the Funds; an Insolvency Event occurs in relation to the Training Provider; the Training Provider undergoes a Change in Control that has not been approved by the Department under Clause 7.6; the Training Provider undergoes an event referred to in Clause 7.10; the Training Provider has made, or the Department reasonably suspects that the Training Provider has made any false or misleading representation to the Department in connection with this VET Funding Contract (whether by act or omission, and whether before or after the Commencement Date) or has otherwise breached any warranty in Clause 14.1; the registration of the Training Provider under applicable legislation is suspended, withdrawn, cancelled or otherwise ceases; the Department terminates any other contract with an Other VET Funding Arrangement Termination Event occurs; and/or an Other VET Funding Arrangement Termination Event occurs to another registered training organisation that is a member of the Training Provider regarding government subsidised training pursuant to any provision of that contract other than on a ground equivalent to a ground set out in one of Clauses 18.1, 18.3(f), 18.3(g), 18.3(h) and 18.3(j)Group; the Department terminates any contract with a Related Training Provider regarding government subsidised training pursuant is abolished under section 3.1.11(1)(b) of the Act; the Board/Council of the Training Provider is abolished under section 3.1.12(1)(b) of the Act; and/or an administrator is appointed to any provision the Training Provider under section 3.1.21 of that contract other than on a ground equivalent to a ground set out in one of Clauses 18.1, 18.3(f), 18.3(g), 18.3(h) and 18.3(j);the Act.

Appears in 2 contracts

Samples: www.education.vic.gov.au, www.education.vic.gov.au

Termination Rights. In addition to any other rights it has to terminate this VET Funding Contract, the Department may terminate this VET Funding Contract at any time by issuing a Notice to giving the Training Provider 20 Business Days prior to the termination datewritten notice of termination. In the event that the Department terminates this VET Funding Contract in accordance with this Clause 18.1, the Department will pay: amounts that, in the reasonable opinion of the Department, are due and payable under Clause 8 of this VET Funding Contract as at the date of termination; and reasonable costs (but not including loss of profit or income) that, in the reasonable opinion of the Department, have been necessarily and directly incurred by the Training Provider as a result of the termination, provided that the Training Provider has, to the reasonable satisfaction of the Department: used its best efforts to minimise any costs arising as a result of the termination; and provided adequate documentary evidence to substantiate those costs. The Training Provider acknowledges and agrees that any amount paid by the Department will be finally determined by the Department. This VET Funding Contract may be terminated at any time by written agreement between the Parties. The Department may terminate this VET Funding Contract immediately by issuing a Notice written notice to the Training Provider if: the Training Provider commits a Material Breach of this VET Funding Contract; the Training Provider commits a breach of this VET Funding Contract (whether or not the breach is a Material Breach) which cannot be remedied; the Training Provider commits a breach of this VET Funding Contract (whether or not the breach is a Material Breach) and the Training Provider: fails to commence action to remedy the breach within 10 Business Days after the Department has served a Notice notice requiring it to do so; or having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the Department's Noticenotice; without limiting Clauses 18.3(a), (b b) or (c), the Training Provider fails to provide some or all of the Training Services for which Funds have been claimed and/or paid or if the Training Services are not provided to a standard satisfactory to the Department; there has been any fraud or reasonably suspected fraud relating to the Training Provider or the Funds, misappropriation of Funds by the Training Provider or there has otherwise been any misleading or deceptive conduct on the part of the Training Provider in connection with this VET Funding Contract or the claiming, receipt or use of the Funds; an Insolvency Event occurs in relation to the Training Provider; the Training Provider undergoes a Change in Control that has not been approved by the Department under Clause 7.6; the Training Provider undergoes an event referred to in Clause 7.107.11; the Training Provider has made, or the Department reasonably suspects that the Training Provider has made any false or misleading representation to the Department in connection with this VET Funding Contract (whether by act or omission, and whether before or after the Commencement Date) or has otherwise breached any warranty in Clause 14.1; the registration of the Training Provider under applicable legislation is suspended, withdrawn, cancelled or otherwise ceases; the Department terminates any other contract with the Training Provider regarding government subsidised training pursuant to any provision of that contract other than on a ground equivalent to a ground set out in one of Clauses 18.1, 18.3(f), 18.3(g), 18.3(h) and 18.3(j); the Department terminates any contract with a Related Training Provider regarding government subsidised training pursuant to any provision of that contract other than on a ground equivalent to a ground set out in one of Clauses 18.1, 18.3(f), 18.3(g), 18.3(h) and 18.3(j);

Appears in 2 contracts

Samples: Vet Funding Contract, Restricted Vet Funding

Termination Rights. In addition to any other rights it has to terminate this VET Funding Contract, the Department may terminate this VET Funding Contract at any time by issuing a Notice to giving the Training Provider 20 Business Days prior to the termination datewritten notice of termination. In the event that the Department terminates this VET Funding Contract in accordance with this Clause 18.1, the Department will pay: amounts that, in the reasonable opinion of the Department, are due and payable under Clause 8 of this VET Funding Contract as at the date of termination; and reasonable costs (but not including loss of profit or income) that, in the reasonable opinion of the Department, have been necessarily and directly incurred by the Training Provider as a result of the termination, provided that the Training Provider has, to the reasonable satisfaction of the Department: used its best efforts to minimise any costs arising as a result of the termination; and provided adequate documentary evidence to substantiate those costs. The Training Provider acknowledges and agrees that any amount paid by the Department will be finally determined by the Department. This VET Funding Contract may be terminated at any time by written agreement between the Parties. The Department may terminate this VET Funding Contract immediately by issuing a Notice written notice to the Training Provider if: the Training Provider commits a Material Breach of this VET Funding Contract; the Training Provider commits a breach of this VET Funding Contract (whether or not the breach is a Material Breach) which cannot be remedied; the Training Provider commits a breach of this VET Funding Contract (whether or not the breach is a Material Breach) and the Training Provider: fails to commence action to remedy the breach within 10 Business Days after the Department has served a Notice notice requiring it to do so; or having commenced action to remedy the breach, fails to complete that action as soon as possible and in any event within 20 Business Days of the Department's Noticenotice; without limiting Clauses 18.3(a), (b b) or (c), the Training Provider fails to provide some or all of the Training Services for which Funds have been claimed and/or paid or if the Training Services are not provided to a standard satisfactory to the Department; there has been any fraud or reasonably suspected fraud relating to the Training Provider or the Funds, misappropriation of Funds by the Training Provider or there has otherwise been any misleading or deceptive conduct on the part of the Training Provider in connection with this VET Funding Contract or the claiming, receipt or use of the Funds; an Insolvency Event occurs in relation to the Training Provider; the Training Provider undergoes a Change in Control that has not been approved by the Department under Clause 7.6; the Training Provider undergoes an event referred to in Clause 7.10; the Training Provider has made, or the Department reasonably suspects that the Training Provider has made any false or misleading representation to the Department in connection with this VET Funding Contract (whether by act or omission, and whether before or after the Commencement Date) or has otherwise breached any warranty in Clause 14.1; the registration of the Training Provider under applicable legislation is suspended, withdrawn, cancelled or otherwise ceases; the Department terminates any other contract with an Other VET Funding Arrangement Termination Event occurs; and/or an Other VET Funding Arrangement Termination Event occurs to another registered training organisation that is a member of the Training Provider regarding government subsidised training Group; and/or the Training Provider is abolished or will otherwise cease to exist pursuant to any provision of that contract other than on a ground equivalent to a ground set out in one of Clauses 18.1, 18.3(f), 18.3(g), 18.3(h) and 18.3(j); the Department terminates any contract with a Related Training Provider regarding government subsidised training pursuant to any provision of that contract other than on a ground equivalent to a ground set out in one of Clauses 18.1, 18.3(f), 18.3(g), 18.3(h) and 18.3(j);its governing legislation.

Appears in 2 contracts

Samples: www.education.vic.gov.au, www.education.vic.gov.au

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