XIV INDEMNIFICATION AND HOLD HARMLESS OBLIGATION. The Provider shall indemnify, hold harmless, and defend DHSS from and against any claim of, or liability for error, omission, or negligent or intentional act of the Provider under this Provider Agreement. The Provider shall not be required to indemnify DHSS for a claim of, or liability for, the independent negligence of DHSS. If there is a claim of, or liability for, the joint negligent error or omission of the Provider and the independent negligence of DHSS, the indemnification and hold harmless obligation shall be apportioned on a comparative fault basis. “Provider” and “DHSS,” as used within this section and Section IX (B), include the employees, agents, or Providers who are directly responsible, respectively, to each. The term “independent negligence” is negligence other than in DHSS’s selection, administration, monitoring, or controlling of the Provider and in approving or accepting the Provider’s work. XV AMENDMENT The Provider agrees to notify DHSS immediately if it is no longer eligible to provide services based on applicable Provider eligibility requirements set out in Section I of this Provider Agreement. Notification of non-eligibility will result in automatic termination of this Provider Agreement. Failure to comply with the terms of this Provider Agreement and/or standards outlined in the Provider Agreement and its appendices may result in non-payment and automatic termination of the Provider Agreement by DHSS. A Provider may appeal the decision to terminate a Provider Agreement under 7 AAC 81.200. All appeals will be conducted in accordance with Section 7AAC 81.200-210 of the Alaska Administrative Code. Except as noted above, DHSS may terminate this Provider Agreement with 30 days’ notice. A Provider may also terminate the Provider Agreement with 30 days’ notice but must help in planning for safe and orderly transfer of clients and information to other Providers, as directed by DHSS. This Provider Agreement remains in force until the Provider or DHSS terminates the Provider Agreement or a material term of the Provider Agreement is changed. I certify that I am authorized to negotiate, execute, and administer this Provider Agreement on behalf of the Provider agency named in this Provider Agreement, and hereby consent to the terms and conditions of this Provider Agreement, and its appendices and attachments. PROVIDER DEPT. OF HEALTH & SOCIAL SERVICES Division of Health Care Services ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇. Anchorage, AK 99503 (▇▇▇) ▇▇▇-▇▇▇▇ ▇▇▇▇▇.▇▇▇▇▇@▇▇▇.▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇ ▇▇▇▇▇, Grants & Procurement Manager Grants & Contracts Juneau, AK 99811-0650 Ph. ▇▇▇-▇▇▇-▇▇▇▇ Fax ▇▇▇- ▇▇▇-▇▇▇▇
Appears in 1 contract
Sources: Provider Agreement
XIV INDEMNIFICATION AND HOLD HARMLESS OBLIGATION. The Provider shall indemnify, hold harmless, and defend DHSS from and against any claim of, or liability for error, omission, or negligent or intentional act of the Provider under this Provider Agreement. The Provider shall not be required to indemnify DHSS for a claim of, or liability for, the independent negligence of DHSS. If there is a claim of, or liability for, the joint negligent error or omission of the Provider and the independent negligence of DHSS, the indemnification and hold harmless obligation shall be apportioned on a comparative fault basis. “Provider” and “DHSS,” as used within this section and Section IX (B), include the employees, agents, or Providers who are directly responsible, respectively, to each. The term “independent negligence” is negligence other than in DHSS’s selection, administration, monitoring, or controlling of the Provider and in approving or accepting the Provider’s work. XV AMENDMENT The Provider agrees to notify DHSS immediately if it is no longer eligible to provide services based on applicable Provider eligibility requirements set out in Section I of this Provider Agreement. Notification of non-eligibility will result in automatic termination of this Provider Agreement. Failure to comply with the terms of this Provider Agreement and/or standards outlined in the Provider Agreement and its appendices may result in non-payment and automatic termination of the Provider Agreement by DHSS. A Provider may appeal the decision to terminate a Provider Agreement under 7 AAC 81.200. All appeals will be conducted in accordance with Section 7AAC 81.200-210 of the Alaska Administrative Code. Except as noted above, DHSS may terminate this Provider Agreement with 30 days’ notice. A Provider may also terminate the Provider Agreement with 30 days’ notice but must help in planning for safe and orderly transfer of clients and information to other Providers, as directed by DHSS. This Provider Agreement remains in force until the Provider or DHSS terminates the Provider Agreement or a material term of the Provider Agreement is changed. I certify that I am authorized to negotiate, execute, and administer this Provider Agreement on behalf of the Provider agency named in this Provider Agreement, and hereby consent to the terms and conditions of this Provider Agreement, and its appendices and attachments. PROVIDER DEPT. OF HEALTH & SOCIAL SERVICES ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Program Coordinator Division of Health Care Services ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇. Anchorage, AK 99503 (▇▇▇) ▇▇▇-▇▇▇▇ fax ▇▇▇▇▇▇.▇▇▇▇▇▇▇@▇▇▇.▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇ ▇▇▇▇▇, Grants & Procurement Manager Grants & Contracts Juneau, AK 99811-0650 Ph. ▇▇▇-▇▇▇-▇▇▇▇ Fax ▇▇▇- ▇▇▇-▇▇▇▇
Appears in 1 contract
Sources: Provider Agreement