Expert Witness Services in Support of Litigation, Claims, or Other Formal Cases Relating to Management Consulting Sample Clauses

This clause defines the terms under which a management consulting firm may provide expert witness services in connection with litigation, claims, or other formal proceedings. It typically outlines the scope of such services, including preparing expert reports, giving testimony, or assisting legal counsel, and may specify any additional fees, confidentiality requirements, or limitations on the consultant’s role. The core function of this clause is to clarify the consultant’s responsibilities and the conditions under which expert witness services are rendered, thereby managing expectations and reducing potential disputes related to legal proceedings.
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Expert Witness Services in Support of Litigation, Claims, or Other Formal Cases Relating to Management Consulting. FE staff have developed agency testimony before legislature and provided strategic guidance on messaging. They have also provided pretrial support and served as expert witnesses. Because of our work in hundreds of projects, our staff has very high credibility during litigation, claims, and other formal cases.
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Expert Witness Services in Support of Litigation, Claims, or Other Formal Cases Relating to Management Consulting. Representatives of MAXIMUS frequently act as advocates for our clients or subject matter experts on federal requirements. This includes participating in administrative hearings, providing expert witness testimony, and defending our clients if challenged by a state or federal audit. For example, staff have been called to testify on Title IV-E administrative hearings in Indiana regarding eligibility for adoption assistance and on claims or litigation related to cost allocation projects. In addition, our experts defend a locality’s or agency’s OMB CAP if challenged by federal or State representatives upon notice of audit for a specified period of time (i.e., typically between three and five years) after delivery of our work products. MAXIMUS provides audit assistance to the State and can make changes to the work product as required as a result of an audit. In the event of negotiations or an audit, we review the correspondence between the negotiating agency and the State or locality to understand the issues and concerns, forming the basis for our subsequent research and appeal arguments. We review current OMB regulations and guidelines specific to the expressed concerns being negotiated to understand the issues raised and to identify appropriate responses to those issues for the negotiations. In concert with our research on applicable regulations, we also research appeals case history to identify situations that are similar to the issue at hand, identifying precedents that may be appropriate to the negotiation. Based on our analysis, we develop a strategy for approaching negotiations, identifying our logic, appropriate guidance, and associated precedence. We prepare language for inclusion in the response to the auditing entity during negotiation that defines our position regarding the claimed costs. Finally, we provide functional and technical expertise, as required, throughout the process.
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Expert Witness Services in Support of Litigation, Claims, or Other Formal Cases Relating to Management Consulting. Our approach to providing expert witness services in support of litigation, claims, or other formal cases relating to management consulting help ensure organizations have the independent, credible expertise to support and defend their cause. We provide resources that are qualified as an expert by knowledge, skill, experience, training, or education. To support scientific evidence, we attempt to meet the “▇▇▇▇▇▇▇ factors” and Federal Rule of Evidence 702 for admissibility of expert witness testimony. We will provide resources that reduce risk of being determined inadmissible by the rules of evidence and by having experts provide affidavits and testimony deemed helpful and not beyond the bounds of their expertise. In delivering expert witness services, we focus on using the following techniques: § Objectivity – we provide honest, unbiased opinions stemming from expert knowledge, experience and evidence given to them for review. § Effective Communication – we clearly articulate our knowledge in a calm and poised demeanor when delivering testimony. § Confidence – we exhibit sureness in our professional findings and communicate this confidence during testimony and cross-examination. § Simplify – we have the ability to breakdown complex processes or findings into plain language and this comes from our background bridging business and technical groups to arrive at a mutual understanding. Staffing for an expert witness depends on the specialized needs. We provide consultants with deep business or technical knowledge, extensive experience, or education in the specialized field. A consultant serving as an expert witness could be from anywhere in North Highland having the specialized knowledge required for the field of study. North Highland draws from a strong local base of 65 resources with deep State of Florida and agency-specific knowledge, including 4 local consultants with expert witness experience and a significant number of resources nationally with the skills and specialized knowledge to draw from who are qualified for serving as an expert witness. The nature of the field requiring an expert witness will dictate the knowledge needed to support the litigation, claim, or other formal cases related to management consulting. One example where we have provided this service to the State is when we conducted a study of employee turnover at Florida facilities serving persons with disabilities that looked specifically at the response of administrators to staff turnove...
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Related to Expert Witness Services in Support of Litigation, Claims, or Other Formal Cases Relating to Management Consulting

  • Files Management and Record Retention relating to Grantee and Administration of this Agreement a. The Grantee shall maintain books, records, and documents in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by Florida Housing under this Agreement. b. Contents of the Files: Grantee must maintain files containing documentation to verify all funds awarded to Grantee in connection with this Agreement, as well as reports, records, documents, papers, letters, computer files, or other material received, generated, maintained or filed by Grantee in connection with this Agreement. Grantee must also keep files, records, computer files, and reports that reflect any compensation it receives or will receive in connection with this Agreement.

  • Vendor’s Resellers as Related to This Agreement Vendor’s Named Resellers (“Resellers”) under this Agreement shall comply with all terms and conditions of this agreement and all addenda or incorporated documents. All actions related to sales by Authorized Vendor’s Resellers under this Agreement are the responsibility of the awarded Vendor. If Resellers fail to report sales to TIPS under your Agreement, the awarded Vendor is responsible for their contractual failures and shall be billed for the fees. The awarded Vendor may then recover the fees from their named reseller. If there is a dispute between the awarded Vendor and TIPS Member, TIPS or its representatives may, at TIPS sole discretion, assist in conflict resolution if requested by either party. TIPS, or its representatives, reserves the right to inspect any project and audit the awarded Vendor’s TIPS project files, documentation and correspondence related to the requesting TIPS Member’s order. If there are confidentiality requirements by either party, TIPS shall comply to the extent permitted by law. The TIPS Solicitation which resulted in this Vendor Agreement, whether a Request for Proposals, the Request for Competitive Sealed Proposals or Request for Qualifications solicitation, or other, the Vendor’s response to same and all associated documents and forms made part of the solicitation process, including any addenda, are hereby incorporated by reference into this Agreement as if copied verbatim. THE SECTON HEADERS OR TITLES WITHIN THIS DOCUMENT ARE MERELY GUIDES FOR CONVENIENCE AND ARE NOT FOR CLASSIFICATION OR LIMITING OF THE RESPONSIBILITES OF THE PARTIES TO THIS DOCUMENT. Texas governmental entities are prohibited from doing business with companies that fail to certify to this condition as required by Texas Government Code Sec. 2270. By executing this agreement, you certify that you are authorized to bind the undersigned Vendor and that your company (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. You certify that your company is not listed on and does not and will not do business with companies that are on the Texas Comptroller of Public Accounts list of Designated Foreign Terrorists Organizations per Texas Gov't Code 2270.0153 found at ▇▇▇▇▇://▇▇▇▇▇▇▇▇▇▇▇.▇▇▇▇▇.▇▇▇/purchasing/docs/foreign-terrorist.pdf You certify that if the certified statements above become untrue at any time during the life of this Agreement that the Vendor will notify TIPS within three (3) business day of the change by a letter on Vendor’s letterhead from and signed by an authorized representative of the Vendor stating the non-compliance decision and the TIPS Agreement number and description at: Attention: General Counsel ESC Region 8/The Interlocal Purchasing System (TIPS) ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇,▇▇▇▇▇ And by an email sent to ▇▇▇▇@▇▇▇▇-▇▇▇.▇▇▇ The undersigned Vendor agrees to maintain the below minimum insurance requirements for TIPS Contract Holders: When the Vendor or its subcontractors are liable for any damages or claims, the Vendor’s policy, when the Vendor is responsible for the claim, must be primary over any other valid and collectible insurance carried by the Member. Any immunity available to TIPS or TIPS Members shall not be used as a defense by the contractor's insurance policy. The coverages and limits are to be considered minimum requirements and in no way limit the liability of the Vendor(s). Insurance shall be written by a carrier with an A-; VII or better rating in accordance with current A.M. Best Key Rating Guide. Only deductibles applicable to property damage are acceptable, unless proof of retention funds to cover said deductibles is provided. "Claims made" policies will not be accepted. Vendor’s required minimum coverage shall not be suspended, voided, cancelled, non-renewed or reduced in coverage or in limits unless replaced by a policy that provides the minimum required coverage except after thirty (30) days prior written notice by certified mail, return receipt requested has been given to TIPS or the TIPS Member if a project or pending delivery of an order is ongoing. Upon request, certified copies of all insurance policies shall be furnished to the TIPS or the TIPS Member. • Orders: All Vendor orders received from TIPS Members must be emailed to TIPS at tipspo@tips- ▇▇▇.▇▇▇. Should a TIPS Member send an order directly to the Vendor, it is the Vendor’s responsibility to forward a copy of the order to TIPS at the email above within 3 business days and confirm its receipt with TIPS. • Vendor Encouraging Members to bypass TIPS agreement: Encouraging TIPS Members to purchase directly from the Vendor or through another agreement, when the Member has requested using the TIPS cooperative Agreement or price, and thereby bypassing the TIPS Agreement is a violation of the terms and conditions of this Agreement and will result in removal of the Vendor from the TIPS Program. • Order Confirmation: All TIPS Member Agreement orders are approved daily by TIPS and sent to the Vendor. The Vendor should confirm receipt of orders to the TIPS Member (customer) within 3 business days. • Vendor custom website for TIPS: If Vendor is hosting a custom TIPS website, updated pricing when effective. TIPS shall be notified when prices change in accordance with the award.

  • INSURANCE COMPANY NOT A PARTY TO THIS AGREEMENT The Insurer shall not be deemed a party to this Agreement, but will respect the rights of the parties as herein developed upon receiving an executed copy of this Agreement. Payment or other performance in accordance with the policy provisions shall fully discharge the Insurer from any and all liability.

  • TERMINATING THIS AGREEMENT You can terminate this Agreement at any time by notifying us in writing and by discontinuing the use of your Logon ID. We can also terminate this Agreement and revoke access to Online Banking at any time. Whether you terminate the Agreement or we terminate the Agreement, the termination will not affect your obligations under this Agreement, even if we allow any transaction to be completed with your Logon ID after this Agreement has been terminated.

  • INDEMNIFICATION RELATING TO THIRD PARTY RIGHTS The Contractor will also indemnify and hold the Authorized Users harmless from and against any and all damages, expenses (including reasonable attorneys' fees), claims, judgments, liabilities and costs that may be finally assessed against the Authorized Users in any action for infringement of a United States Letter Patent, or of any copyright, trademark, trade secret or other third party proprietary right except to the extent such claims arise from the Authorized Users gross negligence or willful misconduct, provided that the State shall give Contractor: (i) prompt written notice of any action, claim or threat of infringement suit, or other suit, (ii) the opportunity to take over, settle or defend such action, claim or suit at Contractor's sole expense, and (iii) assistance in the defense of any such action at the expense of Contractor. If usage shall be enjoined for any reason or if Contractor believes that it may be enjoined, Contractor shall have the right, at its own expense and sole discretion to take action in the following order of precedence: (i) to procure for the Authorized User the right to continue Usage (ii) to modify the service or Product so that Usage becomes non-infringing, and is of at least equal quality and performance; or (iii) to replace said service or Product or part(s) thereof, as applicable, with non-infringing service or Product of at least equal quality and performance. If the above remedies are not available, the parties shall terminate the Contract, in whole or in part as necessary and applicable, provided the Authorized User is given a refund for any amounts paid for the period during which Usage was not feasible. The foregoing provisions as to protection from third party rights shall not apply to any infringement occasioned by modification by the Authorized User of any Product without Contractor’s approval. In the event that an action at law or in equity is commenced against the Authorized User arising out of a claim that the Authorized User's use of the service or Product under the Contract infringes any patent, copyright or proprietary right, and Contractor is of the opinion that the allegations in such action in whole or in part are not covered by the indemnification and defense provisions set forth in the Contract, Contractor shall immediately notify the Authorized User and the Office of the Attorney General in writing and shall specify to what extent Contractor believes it is obligated to defend and indemnify under the terms and conditions of the Contract. Contractor shall in such event protect the interests of the Authorized User and secure a continuance to permit the Authorized User to appear and defend its interests in cooperation with Contractor, as is appropriate, including any jurisdictional defenses the Authorized User may have. This constitutes the Authorized User’s sole and exclusive remedy for patent infringement, or for infringement of any other third party proprietary right.