Assignment or Delegation. County agrees that the assignment or delegation of this Contract or subcontract, either in whole or in part, will be void unless prior written approval is obtained from DHCS and CalOptima, as applicable, provided that approval may be withheld in their sole and absolute discretion. For purposes of this Section, and with respect to this Contract and any subcontracts, as applicable, an assignment constitutes any of the following: (i) the change of more than twenty-five percent (25%) of the ownership or equity interest in County or Downstream Entity (whether in a single transaction or in a series of transactions); (ii) the change of more than twenty- five percent (25%) of the directors of trustees of County or Downstream Entity; (iii) the merger, reorganization, or consolidation of County or Downstream Entity, with another entity with respect to which County or Downstream Entity is not the surviving entity; and/or (iv) a change in the management of County or Downstream Entity from management by persons appointed, elected or otherwise selected by the governing body of County or Downstream Entity (e.g., the Board of Directors) to a third-party management person, company, group, team or other entity.
Appears in 2 contracts
Sources: Coordination and Provision of Behavioral Health Care Services Contract, Coordination and Provision of Behavioral Health Care Services Contract
Assignment or Delegation. County agrees that the assignment or delegation of this Contract or subcontract, either in whole or in part, will be void unless prior written approval is obtained from DHCS and CalOptima, as applicable, provided that approval may be withheld in their sole and absolute discretion. For purposes of this Section, and with respect to this Contract and any subcontracts, as applicable, an assignment constitutes any of the following: (i) the change of more than twenty-five percent (25%) of the ownership or equity interest in County or Downstream Entity (whether in a single transaction or in a series of transactions); (ii) the change of more than twenty- twenty-five percent (25%) of the directors of trustees of County or Downstream Entity; (iii) the merger, reorganization, or consolidation of County or Downstream Entity, with another entity with respect to which County or Downstream Entity is not the surviving entity; and/or (iv) a change in the management of County or Downstream Entity from management by persons appointed, elected or otherwise selected by the governing body of County or Downstream Entity (e.g., the Board of Directors) to a third-party management person, company, group, team or other entity.
Appears in 1 contract
Sources: Coordination and Provision of Behavioral Healthcare Services Contract