The developer shall have the right, without the need to obtain the consent of the owners, to:
(1) Recall or terminate the managing entity upon the occurrence of any of the following events:
(a) The early termination of the agreement between the developer and the managing entity by any of said parties pursuant to any provisions thereof allowing for said early termination or pursuant to applicable law.
(b) The abandonment by the managing entity of its obligations with respect to the timeshare or vacation club property.
It shall be presumed that a managing entity has abandoned its obligations with respect to the timeshare or vacation club property upon the occurrence of any of the following events:
(i) A substantial number of the managing entity’s employees assigned to the timeshare or vacation club property have been absent from the timeshare or vacation club property for more than twenty four (24) consecutive hours.
(ii) The managing entity has removed or is in the process of removing, from any location within the timeshare or vacation club property that may have been formerly occupied by said person, a substantial part of its furniture, fixtures or equipment located therein, with no apparent intention to replace or substitute the same.
(2) Substitute the managing entity upon the occurrence of any of the following events:
(a) Any of the events set forth in subsection (1) above.
(b) The resignation by the managing entity.
(c) The expiration of the term of the agreement between the developer and the managing entity pursuant to the provisions thereof.
Notwithstanding any provisions to the contrary in the agreement between the developer and the managing entity, upon becoming aware of the occurrence of any of the events referred to in subsection (1) above, the developer shall have the right to terminate or discharge the managing entity from its obligations with respect to the timeshare or vacation club property by delivery to the managing entity of a notice to such effect, said termination or discharge to be effective on the date set forth in said notice.
History —Dec. 26, 1995, No. 252, added as § 6-107 on July 5, 1996, No. 66, § 27.