Remedies for Partial Breach Clause Samples

Remedies for Partial Breach. If the STATE determines that the MCO failed to cure the breach within the time period specified in section 5.4.2, the STATE may enforce one or more of the following remedies, which shall be consistent with the factors specified in section 5.4.1:‌ (A) Withhold Medical Assistance capitation premiums or a portion thereof until such time as the partial breach is corrected to the satisfaction of the STATE. (B) Monetary payments from the MCO to the STATE in the amount of up to one thousand dollars ($1,000) per day, offset against payments due the MCO by the STATE, until such time as the problem is corrected to the satisfaction of the STATE. (C) Monetary payments from the MCO to the STATE in the amount of up to one thousand dollars ($1,000) per day, offset against Capitation Payments, from the time the notification by the MCO should have occurred or the time the correction should have been made until the time when notification by the MCO is actually made or the correction is made. This paragraph allows the STATE to enforce a remedy against the MCO for actions that have been corrected prior to coming to the attention of the STATE. (D) Not offer the MCO as an enrollment choice for Recipients in the affected county until thirty (30) days after the Local Agency receives the required Marketing and enrollment materials. (E) If the MCO does not comply with the Marketing requirements specified in section
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Remedies for Partial Breach. MOLECULAR CONNECTIONS reserves the right to conduct audits (at a level and frequency determined solely by MOLECULAR CONNECTIONS) by examining random, statistically valid samples of the Deliverables provided to MOLECULAR CONNECTIONS. Should MOLECULAR CONNECTIONS determine, in its own judgment, that the audited Deliverables fail to meet the MOLECULAR CONNECTIONS quality standards previously communicated to CONSULTANT, MOLECULAR CONNECTIONS shall have the right to treat CONSULTANT’ delivery of defective Deliverables as a partial breach of the Agreement. MOLECULAR CONNECTIONS will provide CONSULTANT with details of the breach, within thirty (30) days of determining such breach. Repeated instances of partial breach for such cause, as well as other failures to address problems with quality in a timely way, may be treated by MOLECULAR CONNECTIONS as a substantial breach of the Agreement and be grounds for termination. Instances of partial breach/deficient quality may also affect the willingness of MOLECULAR CONNECTIONS to renew this and/or other Agreements with CONSULTANT, as well as enter into any new agreements.
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Remedies for Partial Breach. If the STATE determines that the MCO failed to cure the breach within the time period specified in section 5.4.2, the STATE may enforce one or more of the following remedies, which shall be consistent with the factors specified in section 5.4.1: (A) Withhold Medical Assistance capitation or a portion thereof until such time as the partial breach is corrected to the satisfaction of the STATE. (B) Monetary payments from the MCO to the STATE in the amount of up to one thousand dollars ($1,000) per day, offset against payments due the MCO by the STATE, until such time as the problem is corrected to the satisfaction of the STATE. (C) Monetary payments from the MCO to the STATE in the amount of up to one thousand dollars ($1,000) per day, offset against capitation payments, from the time the notification by the MCO should have occurred or the time the correction should have been made until the time when notification by the MCO is actually made or the correction is made. This paragraph allows the STATE to enforce a remedy against the MCO for actions that have been corrected prior to coming to the attention of the STATE.
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Remedies for Partial Breach. A. Withhold capitation premiums or a portion thereof until such time as the partial breach is corrected to the satisfaction of the STATE. B. Monetary payments from the HEALTH PLAN to the STATE in the amount of up to One Thousand Dollars ($1,000) per day, offset against payments due the HEALTH PLAN by the STATE, until such time as the problem is corrected to the satisfaction of the STATE. C. Monetary payments from the HEALTH PLAN to the STATE in the amount of up to One Thousand Dollars ($1,000) per day, offset against capitation payments, from the time the notification by the HEALTH PLAN should have occurred or the time the correction should have been made until the time when notification by the HEALTH PLAN is actually made or the correction is made. This paragraph allows the STATE to enforce a remedy against the HEALTH PLAN for actions which have been corrected prior to coming to the attention of the STATE. ▇. ▇▇▇▇▇▇▇▇ the capitation payment for the first month of life of a newborn Enrollee whose birth was not reported by the HEALTH PLAN to the Local Agency or the STATE within 30 days after the HEALTH PLAN was notified of the birth. E. Require an independent financial audit of all Common Carrier Transpiration services provided by the HEALTH PLAN during the contract term, at HEALTH PLAN expense. F. Not offer the HEALTH PLAN as an enrollment choice for Recipients in the affected county until 30 days after the Local Agency or the STATE receives the required marketing and enrollment materials.
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Remedies for Partial Breach. A. Withhold capitation premiums or a portion thereof until such time as the partial breach is corrected to the satisfaction of the STATE. B. Monetary payments from the HEALTH PLAN to the STATE in the amount of up to One Thousand Dollars ($1,000) per day, offset against payments due the HEALTH PLAN by the STATE, until such time as the problem is corrected to the satisfaction of the STATE. C. Monetary payments from the HEALTH PLAN to the STATE in the amount of up to One Thousand Dollars ($1,000) per day, offset against capitation payments, from the time the notification by the HEALTH PLAN should have occurred or the time the correction should have been made until the time when notification by the HEALTH PLAN is actually made or the correction is made. This paragraph allows the STATE to enforce a remedy against the HEALTH PLAN for actions which have been corrected prior to coming to the attention of the STATE. ▇. ▇▇▇▇▇▇▇▇ the capitation payment for the first month of life of a newborn Enrollee whose birth was not reported by the HEALTH PLAN to the Local Agency or the STATE within 30 days after the HEALTH PLAN was notified of the birth. E. Require an independent financial audit of all Common Carrier Transpiration services provided by the HEALTH PLAN during the contract term, at HEALTH PLAN expense. F. Not offer the HEALTH PLAN as an enrollment choice for Recipients in the affected county until 30 days after the Local Agency or the STATE receives the required marketing and enrollment materials.
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Related to Remedies for Partial Breach

  • Breach and Remedies for Breach The benefits associated with Sector membership will only accrue to the Members if each of them strictly complies with this Agreement. Each Member will make significant operational and financial commitments based on this Agreement, and any Member’s failure to fulfill any of its obligations under this Agreement could have significant adverse consequences for some or all other Members. Any failure by a Member to fulfill any of its obligations under this Agreement shall constitute a breach of this Agreement. Each Member shall be bound by the procedures set forth in this Section for determining whether a Member has breached this Agreement. The Sector shall be entitled to the remedies set forth in this Section if a Member is determined by the Sector to have breached this Agreement. Each Member shall take all actions and execute all documents the Manager deems necessary or convenient to give effect to the provisions of this Section.

  • Remedies for Contractor Breach Pertaining to contract-related issues, it is the responsibility of both CMHA and the contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA or the contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA has the right to issue unilateral addendums to this contract, but the contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA shall retain the right to, if conditions warrant, require the contractor to respond in a shorter period of time). Further, CMHA shall, at a minimum, employ the following steps in dealing with the contractor as to any performance issues: 20.16.1.1. If the contractor is in material breach of the contract, CMHA may promptly invoke the termination clause detailed within Section No. 3, form HUD-5370-C, General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. Prior to termination, CMHA may choose to warn 20.16.1.3. After termination, if the contractor does not agree with CMHA’s justification for the termination, the contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHA’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHA’s alleged incorrect action(s). 20.16.1.4. The response to any protest received shall be conducted in accordance with Section No. 4.0 of this document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

  • Remedies for Breach Notwithstanding any provision to the contrary, in the event of Contract termination or suspension for engaging in discrimination, Contractor, subcontractor, or both, shall be liable for contract damages as authorized by law including, but not limited to, any cost difference between this Contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, which damages are distinct from any penalties imposed under Chapter 49.60, RCW. Enterprise Services and/or Purchasers shall have the right to deduct from any monies due to Contractor or subcontractor, or that thereafter become due, an amount for damages Contractor or subcontractor will owe Enterprise Services and/or Purchasers for default under this provision.

  • Remedies for Breaches of This Agreement 8.1 Survival of Representations and Warranties. The representations and warranties of ▇▇▇▇ contained in this Agreement shall survive the Closing and terminate on the close of business twenty-four (24) months after the Closing Date; provided, however, that (a) the Fundamental Representations shall survive the Closing and remain in full force and effect indefinitely, and ▇▇▇▇ hereby waives any applicable statute of limitations with respect thereto, and (b) the representations and warranties set forth in Section 4.10 (Tax Matters) shall survive the Closing until the date that is 120 days following the expiration of the applicable statute of limitations. The covenants and agreements set forth in (i) Sections 5.2(a) (Intercompany Agreements), 6.2 (Litigation Support), 6.3 (Transition), 6.4 (Post-Closing Confidentiality), 6.5 (Employee Matters) and 9 (Tax Matters) shall survive the Closing and remain in full force and effect indefinitely (and each applicable Party hereby waives any applicable statute of limitations with respect thereto); and (ii) Sections 5.2 (Intercompany Agreements) (other than subsection (a)), 5.3 (Notices and Consents), 5.4 (Removal of Liens) and 5.5 (Operation of Business) shall survive the Closing and terminate on the close of business twenty-four (24) months after the Closing Date. All other covenants and agreements set forth herein shall (x) if they are to be performed prior to the Closing, terminate at, and not survive, the Closing, and (y) if they are to be performed at or after the Closing, survive the Closing until they are otherwise terminated, whether by their terms or pursuant to their respective statute of limitations under applicable Legal Requirements.

  • Remedies for Breach of Restrictive Covenant Executive has reviewed the provisions of this Agreement with legal counsel, or has been given adequate opportunity to seek such counsel, and Executive acknowledges that the covenants contained in this Section 7 are reasonable with respect to their duration, geographical area and scope. Executive further acknowledges that the restrictions contained in this Section 7 are reasonable and necessary for the protection of the legitimate business interests of the Company, that they create no undue hardships, that any violation of these restrictions would cause substantial injury to the Company and such interests, and that such restrictions were a material inducement to the Company to enter into this Agreement. In the event of any violation or threatened violation of these restrictions, the Company, in addition to and not in limitation of, any other rights, remedies or damages available to the Company under this Agreement or otherwise at law or in equity, shall be entitled to preliminary and permanent injunctive relief to prevent or restrain any such violation by Executive and any and all persons directly or indirectly acting for or with Executive, as the case may be. If Executive violates the Restrictive Covenant and the Company brings legal action for injunctive or other relief, the Company shall not, as a result of the time involved in obtaining such relief, be deprived of the benefit of the full period of the Restrictive Covenant. Accordingly, the Restrictive Covenant shall be deemed to have the duration specified herein computed from the date the relief is granted but reduced by the time between the period when the Restrictive Period began to run and the date of the first violation of the Restrictive Covenant by Executive.