Non-Renewal or Termination of a Contract
Non-Renewal
At the end of a contract, either UNE or the partner may make a decision not to renew the contract. Ideally this decision should be made approximately 18 months prior to the end of the contract to ensure students admitted to a course delivered with a partner can complete the course under normal progression. If the time remaining under the contract is not sufficient, then Contract Renewal will need to be initiated to ensure UNE is able to maintain its legal obligations to students.
Procedure for Non-Renewal of a Contract
1. Prepare a Brief outlining reason(s) for non-renewal of the Contract.
2. Seek approval from School/ Faculty Teaching and Learning Committee in an application which includes:
- The Brief;
- The last Annual IPM Report where appropriate;
- A recommendation report by the Directors of the administrative units with a direct responsibility for the project on the status and viability of the project
- A completed UNE Legal Contract Compliance Statement appropriate for the project type.
3. If non-renewal is endorsed by the Faculty the relevant Pro Vice-Chancellor and Dean must advise the Entrepreneurial Committee of the decision, providing certification which includes the above documentation.
4. If the Entrepreneurial Committee endorses recommendation for non-renewal of Contract, the Pro Vice-Chancellor Educational Innovation and International (PVCEII) will take responsibility for contacting the partner and negotiating teach-out and financial arrangements with the Partner.
Termination
All standard UNE contracts include a termination clause which should include the following sub-clauses:
Termination by either Party: either Party can terminate at any time by giving the other Party at least 12 months prior written notice or by mutual agreement.
Termination due to breach: either Party may terminate immediately if the other Party is in substantial default or breach of the Contract.
Insolvency: either Party may terminate in the event of insolvency.
Ownership: either Party may terminate in the event of change in Control of the other Party in respect of which the Party requesting termination has not given its prior written consent.
When a Contract terminates for whatever reason:
- the Parties must pay each other all monies owing within 60 days;
- there will be no further Advertising, Promotion, Marketing or Recruitment or new activity in the Programs;
- the Parties must cease to use each others IPR; and
- in respect of UNE Students in the Pipeline:
(a) both Parties are jointly liable for any costs incurred in resolving pipeline issues;
(b) the Parties must offer UNE Students adequate replacement study options, such as the option to complete their studies at UNE, Armidale campus or at another university in the region. The costs of such offers must be taken into consideration.
Procedure for Termination of a Contract
1. Seek preliminary advice from UNE Legal. In conjunction with the School or IPM Team they will review the contract in its entirety. As indicated above there should be a Termination clause. The Termination clause will advise on how to terminate the contract while remaining within the parameters set by it.
2. Prepare a Brief outlining reasons for terminating the contract.
3. Seek approval from School/ Faculty Teaching and Learning Committee in an application which includes:
- The Brief;
- The last Annual IPM Report where appropriate;
- A recommendation report by the Directors of the administrative units with a direct responsibility for the project on the status and viability of the project;
- A completed UNE Legal Contract Compliance Statement appropriate for the project type.
4. If termination is endorsed by the Faculty, the relevant Pro Vice-Chancellor and Dean must advise the Entrepreneurial Committee of the decision, providing certification which includes the above documentation.
5. If the Entrepreneurial Committee endorses the recommendation for termination of Contract, the Pro Vice-Chancellor Educational Innovation and International (PVCEII) will take responsibility for contacting the partner and negotiating teach-out and financial arrangements with the partner.
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