Common use of Remedies in Case of Contractor Default or Breach Clause in Contracts

Remedies in Case of Contractor Default or Breach. a) In addition to the termination provisions in Section 8.2.1, Covered California shall have full discretion to institute any of the following remedies, in accordance with Subsection (b) of this Section, in case of Contractor’s breach, whether material or not, or default: i. Removing Contractor’s provider directory from the Covered California website; ii. Freezing Contractor’s enrollment during Open or Special Enrollment Periods; iii. Recovery of damages to Covered California caused by the breach or default; and iv. Specific performance of particular covenants made by Contractor hereunder. b) Prior to instituting any of the remedies in Subsection (a), Covered California shall provide written notice to Contractor that Contractor is in breach or default of this Agreement, identify the basis for such breach or default, and provide Contractor with a thirty (30) Day period to cure. During the cure period, the parties agree to meet and confer in an effort to informally resolve the breach or default. Contractor shall have thirty (30) Days from the date Contractor received notice of the breach or default to fully cure the breach or default unless the parties mutually agree to a longer cure period. If Contractor has not cured the breach or default within the thirty (30) Day period, or a longer cure period that has been mutually agreed upon, Covered California may institute any of the remedies identified in Subsection (a) of this section. All remedies of Covered California under this Agreement for Contractor default or breach are cumulative to the extent permitted by law. c) This section shall not apply to any contractual requirements that are associated with a performance guarantee in Attachment 2 — Performance Standards with Penalties and Attachment 3 — Performance Standards and Expectations, or for failure to meet any quality targets in Attachment 1 — Advancing Equity, Quality, and Value.

Remedies in Case of Contractor Default or Breach. a) In addition to the termination provisions in Section 8.2.1, Covered California shall have full discretion to institute any of the following remedies, in accordance with Subsection (b) of this Section, in case of Contractor’s breach, whether material or not, or default: i. Removing Contractor’s provider directory from the Covered California website; ii. Freezing Contractor’s enrollment Enrollment during Open or Special Enrollment Periods; iii. Recovery of damages to Covered California caused by the breach or default; and iv. Specific performance of particular covenants made by Contractor hereunder. b) Prior to instituting any of the remedies in Subsection (a), Covered California shall provide written notice to Contractor that Contractor is in breach or default of this Agreement, identify the basis for such breach or default, and provide Contractor with a thirty (30) Day period to cure. During the cure period, the parties agree to meet and confer in an effort to informally resolve the breach or default. Contractor shall have thirty (30) Days from the date Contractor received notice of the breach or default to fully cure the breach or default unless the parties mutually agree to a longer cure period. If Contractor has not cured the breach or default within the thirty (30) Day period, or a longer cure period that has been mutually agreed upon, Covered California may institute any of the remedies identified in Subsection (a) of this section. All remedies of Covered California under this Agreement for Contractor default or breach are cumulative to the extent permitted by law. c) This section shall not apply to any contractual requirements that are associated with a performance guarantee in Attachment 2 — Performance Standards with Penalties and Attachment 3 — Performance Standards and Expectations, or for failure to meet any quality targets in Attachment 1 — Advancing Equity, Quality, and Value.

Remedies in Case of Contractor Default or Breach. a) In addition to the termination provisions in Section 8.2.17.2.1, Covered California the Exchange shall have full discretion to institute any of the following remedies, in accordance with Subsection (subsection b) of this Sectionsection, in case of Contractor’s breach, whether material or not, or default: i. Changing the order in which Contractor’s QHPs are displayed in CalHEERS ii. Removing Contractor’s provider directory from the Covered California website; iiiii. Freezing Contractor’s enrollment Enrollment during Open or Special Enrollment Periods; iiiiv. Recovery of damages to Covered California the Exchange caused by the breach or default; and iv. v. Specific performance of particular covenants made by Contractor hereunder. b) Prior to instituting any of the remedies in Subsection (subsection a), Covered California the Exchange shall provide written notice to Contractor that Contractor is in breach or default of this Agreement, identify the basis for such breach or default, and provide Contractor with a thirty (30) Day day period to cure. During the cure period, the parties agree to meet and confer in an effort to informally resolve the breach or default. Contractor shall have thirty (30) Days days from the date Contractor received notice of the breach or default to fully cure the breach or default default, unless the parties mutually agree to a longer cure period. If Contractor has not cured the breach or default within the thirty (30) Day day period, or a longer cure period that has been mutually agreed upon, Covered California the Exchange may institute any of the remedies identified in Subsection (subsection a) of this section. All remedies of Covered California the Exchange under this Agreement for Contractor default or breach are cumulative to the extent permitted by law. c) This section shall not apply to any contractual requirements that are associated with a performance guarantee in Attachment 2 — Performance Standards with Penalties and Attachment 3 — Performance Standards and Expectations, 14 or for failure to meet any quality targets in Attachment 1 — Advancing Equity, Quality, and Value7.

Remedies in Case of Contractor Default or Breach. a) In addition to the termination provisions in Section 8.2.1section 7.2.1, Covered California the Exchange shall have full discretion to institute any of the following remedies, in accordance with Subsection (subsection b) of this Sectionsection, in case of Contractor’s breach, whether material or not, or default: i. Changing the order in which Contractor’s QHPs are displayed in CalHEERS or Shop and Compare; ii. Removing Contractor’s provider directory from the Covered California website; iiiii. Freezing Contractor’s enrollment Enrollment during Open or Special Enrollment Periods; iiiiv. Recovery of damages to Covered California the Exchange caused by the breach or default; and iv. v. Specific performance of particular covenants made by Contractor hereunder. b) Prior to instituting any of the remedies in Subsection (subsection a), Covered California the Exchange shall provide written notice to Contractor that Contractor is in breach or default of this Agreement, identify the basis for such breach or default, and provide Contractor with a thirty (30) Day day period to cure. During the cure period, the parties agree to meet and confer in an effort to informally resolve the breach or default. Contractor shall have thirty (30) Days days from the date Contractor received notice of the breach or default to fully cure the breach or default default, unless the parties mutually agree to a longer cure period. If Contractor has not cured the breach or default within the thirty (30) Day day period, or a longer cure period that has been mutually agreed upon, Covered California the Exchange may institute any of the remedies identified in Subsection (subsection a) of this section. All remedies of Covered California the Exchange under this Agreement for Contractor default or breach are cumulative to the extent permitted by law. c) This section shall not apply to any contractual requirements that are associated with a performance guarantee in Attachment 2 — Performance Standards with Penalties and Attachment 3 — Performance Standards and Expectations, 14 or for failure to meet any quality targets in Attachment 1 — Advancing Equity, Quality, and Value7.