Monitoring of Delegated or Purchased Administrative Functions Clause Samples

Monitoring of Delegated or Purchased Administrative Functions. Monitoring of delegated or purchased administrative functions as referenced in this Agreement is a separate and discrete function from the AE monitoring of provider requirements as referenced in Sections 6.0 and 6.1 of this Agreement. If the AE delegates or purchases an administrative function that has been designated as a responsibility of the AE to an entity, the AE shall monitor that delegated or purchased administrative function to ensure compliance with written Policies and Procedures, Departmental Decisions, state and federal laws and the terms and conditions of this Agreement. The AE shall use the form issued by the Department to record and report the monitoring findings. The AE shall be held responsible for the quality, compliance and completion of an administrative function which has been delegated to it by the Department, even when the AE delegates or purchases that administrative function to an entity through a subcontract or agreement. The Department will utilize a variety of means to ensure compliance with Agreement requirements, Written Policies and Procedures and Departmental Decisions, when the AE demonstrates a Substantial Failure to monitor and ensure delegated or purchased administrative functions are conducted in compliance with the terms and conditions of this Agreement. The Department will pursue remedial actions as needed to resolve any outstanding performance concerns and violations with the Agreement. The application of remedies shall be a matter of public record once an acceptable CAP has been developed by the AE. AE noncompliance will be addressed through remedial efforts as referenced in Section 9.1 of this Agreement. While remedies will generally follow a progressive path, the Department reserves the right to deviate from this path for significant issues of noncompliance as determined by the Department. In the event that the Department finds there has been Substantial Failure of the AE to ensure adherence and compliance, through the monitoring of delegated and purchased administrative functions, with the responsibilities and functions outlined in this Agreement or Substantial Failure of the AE to monitor Waiver services, for compliance with the terms and conditions of this Agreement, when provided to Participants in the Pennsylvania ODP service system through the delegation or purchasing of an administrative function to an entity, the Department may provide notice of termination as referenced in Section and Subsections 9.2 thro...
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Monitoring of Delegated or Purchased Administrative Functions. Monitoring of delegated or purchased administrative functions as referenced in this Agreement is a separate and discrete function from the AE monitoring of provider requirements as referenced in Sections 9. and 9.1 of this Agreement. If the AE delegates or purchases an administrative function that has been designated as a responsibility of the AE to an entity, the AE shall monitor that delegated or purchased administrative function to ensure compliance with written Policies and Procedures, Departmental Decisions, state and federal laws and the requirements of this Agreement. The AE shall be held responsible for the quality, compliance and completion of an administrative function which has been delegated to it by the Department, even when the AE delegates or purchases that administrative function to an entity through a subcontract or agreement. The Department will utilize a variety of means to ensure compliance with Agreement requirements, Written Policies and Procedures and Departmental Decisions, when the AE demonstrates a Substantial Failure to monitor and ensure delegated or purchased administrative functions are conducted in compliance with the terms and conditions of this Agreement. The Department will pursue remedial actions as needed to resolve any outstanding performance concerns and non-compliance with this Agreement. The application of remedies shall be a matter of public record once an acceptable corrective action plan has been developed by the AE. AE noncompliance will be addressed through remedial efforts as referenced in Section 12.1 of this Agreement. While remedies will generally follow a progressive path, the Department reserves the right to deviate from this path for significant issues of noncompliance as determined by the Department.
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Related to Monitoring of Delegated or Purchased Administrative Functions

  • Sellers Engagement of Servicer to Perform Servicing Responsibilities Section 2.01. Contract for Servicing; Possession of Servicing Files. The Seller, by execution and delivery of this Agreement, does hereby contract with the Servicer as the owner of the servicing rights, subject to the terms of this Agreement, for the servicing of the Mortgage Loans. The Servicer shall maintain a Servicing File with respect to each Mortgage Loan in order to service such Mortgage Loans pursuant to this Agreement and each Servicing File delivered to the Servicer shall be held in trust by the Servicer for the benefit of the Trustee; provided, however, that the Servicer shall have no liability for any Servicing Files (or portions thereof) not delivered by the Seller. The Servicer’s possession of any portion of the Mortgage Loan documents shall be at the will of the Trustee for the sole purpose of facilitating servicing of the related Mortgage Loan pursuant to this Agreement, and such retention and possession by the Servicer shall be in a custodial capacity only. The ownership of each Mortgage Note, Mortgage, and the contents of the Servicing File shall be vested in the Trustee and the ownership of all records and documents with respect to the related Mortgage Loan prepared by or which come into the possession of the Servicer shall immediately vest in the Trustee and shall be retained and maintained, in trust, by the Servicer at the will of the Trustee in such custodial capacity only. The Servicing File retained by the Servicer pursuant to this Agreement shall be identified in accordance with the Servicer’s file tracking system to reflect the ownership of the related Mortgage Loan by the Trustee. The Servicer shall release from its custody the contents of any Servicing File retained by it only in accordance with this Agreement.

  • Administrative Support Services Fees Within forty-five (45) days of the end of each calendar quarter or at such other period as deemed appropriate by the Distributor, the Fund will make payments in the aggregate amount of up to 0.25% on an annual basis of the average during the period of the aggregate net asset value of the Shares computed as of the close of each business day (the “Service Fee”). Such Service Fee payments received from the Fund will compensate the Distributor for providing administrative support services with respect to Accounts. The administrative support services in connection with Accounts may include, but shall not be limited to, the administrative support services that a Recipient may render as described in Section 3(b)(i) below.

  • Administrative Support Service Fees Within forty-five (45) days of the end of each calendar quarter, the Fund will make payments in the aggregate amount of 0.0625% (0.25% on an annual basis) of the average during that calendar quarter of the aggregate net asset value of the Shares computed as of the close of each business day (the "Service Fee"). Such Service Fee payments received from the Fund will compensate the Distributor for providing administrative support services with respect to Accounts. The administrative support services in connection with Accounts may include, but shall not be limited to, the administrative support services that a Recipient may render as described in Section 3(b)(i) below.

  • Non-Ministerial Matters; Exceptions to Administrator Duties (i) Notwithstanding anything to the contrary in this Agreement, with respect to matters that in the reasonable judgment of the Administrator are non-ministerial, the Administrator shall not take any action unless, within a reasonable time before the taking of such action, the Administrator shall have notified the Issuer of the proposed action and the Issuer shall not have withheld consent or provided an alternative direction. For the purpose of the preceding sentence, “non-ministerial matters” shall include, without limitation: (A) the initiation of any claim or lawsuit by the Issuer and the compromise of any action, claim or lawsuit brought by or against the Issuer; (B) the appointment of successor Note Registrars, successor Paying Agents, successor Indenture Trustees, successor Administrators or successor Servicers, or the consent to the assignment by the Note Registrar, the Paying Agent or the Indenture Trustee of its obligations under the Indenture; and (C) the removal of the Indenture Trustee. (ii) Notwithstanding anything to the contrary in this Agreement, the Administrator shall not be obligated to, and shall not, (x) make any payments to the Noteholders under the Transaction Documents, (y) except as provided in the Transaction Documents, sell the Trust Estate or (z) take any other action that the Issuer directs the Administrator not to take on its behalf.

  • Administrative Duties of the Custodian The Custodian shall perform the following administrative duties with respect to Investments of the Fund.