Common use of LOW ENROLLMENT Clause in Contracts

LOW ENROLLMENT. The minimum enrollment threshold for the Denver Project is seventy percent (70%) of the overall Denver Project enrollment target based on projected annual enrollment levels shown in the Evaluation Plan (the “Minimum Enrollment Threshold”). The Lead Provider shall provide regular updates to the Governance Committee regarding Denver Project enrollment, and the Independent Evaluator shall provide periodic updates to the Governance Committee as specified in the Evaluation Plan. If Denver Project enrollment falls below seventy-five percent (75%) of the enrollment target on or after six months after the Performance Start Date, any voting member of the Governance Committee may request the Lead Provider to submit, within sixty (60) days of such request, a corrective action plan to address the deficiency. If Denver Project enrollment for calendar year 2019 is below seventy percent (70%) of the enrollment target based on the Independent Evaluator’s assessment of project enrollment for that calendar year, then any member of the Governance Committee may request a second assessment of Denver Project enrollment for the first six months of calendar year 2020 by the Independent Evaluator, which second assessment shall be submitted to the Governance Committee by August 1, 2020. If, following receipt of a second assessment of Denver Project enrollment as set forth herein, the Denver Project enrollment is still below seventy percent (70%) of the Denver Project enrollment target, the State without Investor Consent or the Lead Provider with Investor Consent may terminate this Contract, or the Lead Provider at Investor Direction shall terminate this Contract.

LOW ENROLLMENT. The minimum enrollment threshold for the Denver MST Project is seventy percent (70%) of the overall Denver MST Project enrollment target based on projected annual enrollment levels shown in the Evaluation Plan (the “Minimum Enrollment Threshold”). The Lead Provider shall provide regular updates to the Governance Committee regarding Denver MST Project enrollment, and the Independent Evaluator shall provide periodic updates to the Governance Committee as specified in the Evaluation Plan. If Denver MST Project enrollment falls below seventy-five percent (75%) of the enrollment target on or after six months after the Performance Start Date, any voting member of the Governance Committee may request the Lead Provider to submit, within sixty (60) days of such request, a corrective action plan to address the deficiency. If Denver MST Project enrollment for calendar year 2019 is below seventy percent (70%) of the enrollment target based on the Independent Evaluator’s assessment of project enrollment for that calendar year, then any member of the Governance Committee may request a second assessment of Denver MST Project enrollment for the first six months of calendar year 2020 by the Independent Evaluator, which second assessment shall be submitted to the Governance Committee by August 1, 2020. If, following receipt of a second assessment of Denver MST Project enrollment as set forth herein, the Denver MST Project enrollment is still below seventy percent (70%) of the Denver MST Project enrollment target, the State without Investor Consent or the Lead Provider with Investor Consent may terminate this Contract, or the Lead Provider at Investor Direction shall terminate this Contract.