By the Department Sample Clauses
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By the Department. The Department may deny, suspend, revoke or condition the protection of the INDIVIDUAL VOLUNTEER HEALTH CARE PROVIDER for cause, including but not limited to:
a. Failure to comply with the protection agreement.
b. Violation of state law governing the respective scope of practice or other law governing the health care services provided under the VHCPP.
c. Making false, misleading or fraudulent statements in connection with the VHCPP, including determination of eligibility of the INDIVIDUAL VOLUNTEER HEALTH CARE PROVIDER or handling of a claim against the INDIVIDUAL VOLUNTEER HEALTH CARE PROVIDER or the state.
d. Evidence of substance abuse or intoxication affecting the provision of health care services under the VHCPP.
e. Reasonable grounds to believe the INDIVIDUAL VOLUNTEER HEALTH CARE PROVIDER may have provided incompetent or inadequate care to a patient under or through the VHCPP or is likely to do so.
f. Reasonable grounds to believe INDIVIDUAL VOLUNTEER HEALTH CARE PROVIDER’s participation in the program may expose the state to undue risk.
g. Failure to immediately notify the VHCPP of any disciplinary action brought against the INDIVIDUAL VOLUNTEER HEALTH CARE PROVIDER by the applicable state licensing board.
By the Department. Subject to the limitations of liability set forth in Section 5(d) and Section 6(c), the Department will defend, at its expense, any action brought against Licensee based upon the claim that the Software, as used within the scope of the license granted under this Agreement, directly infringes a duly issued U.S. patent or a registered U.S. copyright or misappropriates any trade secret. Licensee shall notify the Department promptly in writing of any such claim. Licensee shall not enter into any settlement or compromise any claim without the Department’s prior written consent. The Department shall have sole control of any such action or settlement negotiations, and Licensee shall provide the Department with information and assistance, at the Department’s expense, necessary to settle or defend such claim. The Department agrees to pay all damages and costs finally awarded against Licensee attributable to such claim.
By the Department. The Department shall, only to the extent consistent with Article VII, Section 1 of the Iowa Constitution and Iowa Code chapter 669, indemnify and hold harmless the Contractor from and against any and all costs, expenses, losses, claims, damages, liabilities, settlements and judgments arising out of the Department'S negligence or wrongful acts or omissions in the performance of this agreement.
By the Department if the Malicious Software originates from the Departmental Software or the Departmental Data (whilst the Departmental Data was under the control of the Department).
By the Department. Consistent with Article VII, Section 1 of the Iowa Constitution and Iowa Code Chapter 669, the Department agrees to indemnify HCC and hold it harmless against any and all losses, costs, damages, expenses, claims, demands, causes of action, judgments and settlements arising out of the Department’s negligence or wrongful acts or omissions in the performance of this Agreement. HCC shall be responsible for all damages to persons or property that occurs as a result of HCC’s fault, negligence, gross negligence, bad faith, fraud, or other wrongful acts in the performance of this Agreement. Any indemnification by the Department shall be subject to the prior approval of an appropriation of funds by the General Assembly and Governor of the State of Iowa and the allotment of funds by the Iowa Department of Management as may be required by law, and HCC shall furnish the State with a detailed estimate of any expected claim, loss, liability, damage and/or expense for the State’s use in obtaining such approval and appropriation or allotment. Indemnification is further conditioned on the following:
1) HCC and the State or IWD shall cooperate to provide prompt written notice of any expected, threatened or actual claim, loss, liability, damage or expenses.
2) HCC and the State or IWD shall at all times cooperate both in document production and personnel time.
By the Department. (i) The Department may cancel a license if construction by the utility has not been completed within 12 months after approval has been given by the District, unless prior arrangements for a longer period have been made with the District.
(ii) The Department may cancel a license and direct removal of a facility installed in a location other than approved by the District. (Also see Removal and Suspension in this Section).
(iii) The Department may suspend a license if the facility was placed in a location other than approved by the District. (Also see Removal and Suspension in this Section).