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 7.2.1, the Exchange 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; iii. Recovery of damages to the Exchange 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), 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 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, the Exchange may institute any of the remedies identified in Subsection a) of this Section. All remedies of the Exchange under this Agreement for Contractor default or breach are cumulative to the extent permitted by law.

Remedies in Case of Contractor Default or Breach. ‌ a) In addition to the termination provisions in Section 7.2.1, the Exchange 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; iii. Recovery of damages to the Exchange 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), 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 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, the Exchange may institute any of the remedies identified in Subsection (a) of this Section. All remedies of the Exchange under this Agreement for Contractor default or breach are cumulative to the extent permitted by law.