By the STATE Sample Clauses
The "By the STATE" clause defines the rights and procedures by which the state government may take certain actions under the agreement. Typically, this clause outlines the circumstances under which the state can intervene, modify, or terminate the contract, such as for non-compliance, public interest, or legal requirements. For example, the state may reserve the right to cancel the agreement if the contractor fails to meet performance standards or if funding is withdrawn. The core function of this clause is to protect the state's interests and ensure it retains necessary control and flexibility over the contractual relationship.
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By the STATE. (1) The STATE may terminate this Contract for any material breach by the MCO after one hundred and fifty (150) days from the date the STATE provides the MCO notice of termination. The MCO may request, and must receive if requested, a hearing before the mediation panel described in section 5.8, prior to termination.
(2) In the event of a material breach as listed below, termination may occur after thirty (30) days from the date the STATE provides notice. Material breach, for purposes of this paragraph, that may be subject to a thirty (30) day termination notice includes:
(a) Fraudulent action by the MCO;
(b) Criminal action by the MCO;
(c) For MCOs certified as a health maintenance organization, a determination by MDH that results in the suspension or revocation of the assigned certificate of authority, for failure to comply with Minnesota Statutes, §§62D.01 to 62D.30;
(d) For County Based Purchasing MCOs, a determination by MDH that the MCO no longer satisfies the requirements for assurance of consumer protection, provider protection, and fiscal solvency of chapter 62D, applicable to health maintenance organizations, or otherwise results in a determination that the CBP is no longer authorized to operate [Minnesota Statutes, §256B.692, subd. 2(b)]; or
(e) Loss of Medicare contractual agreement with CMS.
By the STATE. The STATE may elect not to enter into negotiations for a renewal of this Contract by providing at least one hundred and twenty (120) days’ written notice of non- renewal to the MCO. If the STATE provides the MCO with such notice, the Contract will end on the Termination Date.
By the STATE. (1) The STATE may terminate this Contract for any material breach by the MCO after one hundred and fifty (150) days from the date the STATE provides the MCO notice of termination. The MCO may request, and must receive if requested, a hearing before the mediation panel described in section 5.7 prior to termination.
(2) In the event of a material breach as listed below, termination may occur after thirty (30) days from the date the STATE provides notice. Material breach, for purposes of this paragraph, that may be subject to a thirty (30) day termination notice includes:
By the STATE. Subject to Force Majeure as provided in Section 11.4, the occurrence of any of the following events shall constitute a State Event of Default:
11.1.1.1 The State fails to cure its breach of a non-monetary obligation under this Agreement within thirty (30) days after the State receives notice from BREP of the breach; provided, that if such breach cannot reasonably be cured during such 30-day period, the State will be entitled to an additional thirty (30)-day period within which to cure its breach, so long as it will have begun to cure such breach within the initial thirty (30)-day period and is diligently pursuing such cure;
11.1.1.2 The State fails to make any monetary payment due BREP under this Agreement within thirty (30) days after the State receives notice from BREP of such payment being past due; or
11.1.1.3 There shall occur a Lessor Event of Default under the ▇▇▇▇ Center Plant Lease (as such term is defined therein).
By the STATE. Subject to Force Majeure as provided in Section 11.5, the occurrence of any of the following events shall constitute an event of default by the State under this Agreement:
(1) The State fails to cure its breach of an obligation under this Agreement within thirty (30) days after the State receives notice from LAEP of the breach; provided, that if such breach cannot reasonably be cured during such 30-day period, the State will be entitled to an additional thirty (30)-day period within which to cure its breach, so long as it will have begun to cure such breach within the initial thirty (30)-day period and is diligently pursuing such cure; or
(2) any of the State’s representations or warranties herein proves to have been misleading or false in any material respect when made and, within thirty (30) days of receipt of notice from LAEP, the State does not cure the underlying facts so as to make the representation or warranty correct and not misleading.
By the STATE. The STATE may terminate this Contract for any material breach by the HEALTH PLAN after 120 days from the date the STATE provides the HEALTH PLAN notice of termination. In the event the material breach consists of fraudulent or criminal action by the HEALTH PLAN, termination may occur after 30 days from the date the STATE provides notice. The HEALTH PLAN may request, and must receive if requested, a hearing before the mediation panel described in Section 5.3.3.
By the STATE. The State shall, only to the extent consistent with and permitted by Article VII, Section 1 of the Iowa Constitution and Iowa Code Chapter 669, indemnify the Contractor from and against any claim, as defined in Iowa Code Section 669.2, caused directly by the negligent or wrongful acts or omissions of any employee of the State while acting within the scope of the employee’s office or employment in connection with the performance of this Agreement. Contractor agrees that any claim for which indemnification is sought pursuant to this Section 9.2 will be subject to the provisions of Iowa Code Chapter 669 and 543 Iowa Admin. Code 1, including, without limitation, those provisions which address the making and filing of claims. If the State makes any indemnity payments to the Contractor pursuant to this Section 9.2 and the Contractor thereafter collects or recovers all or a portion of such amounts from any person or third party, including from any insurance carrier, Contractor shall promptly repay such collected or recovered amounts to the State.
By the STATE. The STATE shall take all reasonable steps to ensure that hardware and software used by the STATE before, during, and after the turn of the century shall not experience abnormal ending and/or produce invalid or incorrect results in the operation and administration of the PMAP, PGAMC, and MinnesotaCare programs, and that the accuracy and integrity of the data exchanges in this Contract will not be adversely affected. In the event of any recognition, calculation, or indication of century problems related to the Year 2000 in databases utilized by the STATE, the STATE agrees that it will, to the extent permitted by law, make all code adjustments necessary at no cost to the HEALTH PLAN in order to ensure that the code and databases used by the STATE are “Year 2000 Compliant”as described in Section 3.6.5. The assurance shall be in effect throughout the term of and survive this Contract.
By the STATE