Demand Letter. Upon a finding that Xxxxxx has failed to comply with any of the obligations described in Section X.A and after determining that Stipulated Penalties are appropriate, OIG shall notify Xxxxxx of: (a) Xxxxxx’x failure to comply; and
Demand Letter. If OIG determines that a basis for Stipulated Penalties under Section X.A exists, OIG shall notify Provider of: (a) Provider’s failure to comply and (b) OIG’s demand for payment of Stipulated Penalties. (This notification shall be referred to as the “Demand Letter.”)
Demand Letter. Upon a finding that Healogics has failed to comply with any of the obligations described in Section X.A and after determining that Stipulated Penalties are appropriate, OIG shall notify Healogics of: (a) Healogics’ failure to comply; and (b) OIG’s exercise of its contractual right to demand payment of the Stipulated Penalties. (This notification shall be referred to as the “Demand Letter.”)
Demand Letter. Upon a finding that CHSI has failed to comply with any of the obligations described in Section X.A and after determining that Stipulated Penalties are appropriate, OIG shall notify CHSI of: (a) CHSI’s failure to comply; and (b) OIG’s exercise of its contractual right to demand payment of the Stipulated Penalties. (This notification shall be referred to as the “Demand Letter.”)
Demand Letter. Upon a finding that Good Shepherd has failed to comply with any of the obligations described in Section X.A and after determining that Stipulated Penalties are appropriate, OIG shall notify Good Shepherd of: (a) Good Shepherd’s failure to comply; and (b) OIG’s exercise of its contractual right to demand payment of the Stipulated Penalties. (This notification shall be referred to as the “Demand Letter.”)
Demand Letter. Promptly after the receipt thereof, a demand letter from the PBGC notifying the Parent Borrower, its Subsidiaries, or any ERISA Affiliates of its decision finding liability that could reasonably be expected to result in a Material Adverse Effect, a copy of such letter, together with a certificate of the president or a Financial Officer of the Parent Borrower setting forth the action which the Parent Borrower, its Subsidiaries or their respective ERISA Affiliates proposes to take with respect thereto; and The information required to be delivered by clauses (a), (b) and (f) of this Section 5.01 shall be deemed to have been delivered on the date on which the Parent Borrower posts such information on its website on the Internet at xxx.xxxxxxxxx.xxx or when such information is posted on the SEC’s website on the Internet at xxx.xxx.xxx (including within any Form 10-K or Form 10-Q); provided that the Parent Borrower shall give notice of any such posting to the Administrative Agent (who shall then give notice of any such posting to the Lenders); provided further, that the Parent Borrower shall deliver paper copies of any such information to the Administrative Agent if the Administrative Agent or any Lender requests the Parent Borrower to deliver such paper copies.
Demand Letter. Upon a finding that Xxxxxx has failed to comply with any of the obligations described in Section X.A and after determining that Stipulated Penalties are appropriate, OIG shall notify Xxxxxx of: (a) Xxxxxx’x failure to comply; and (b) OIG’s exercise of its contractual right to demand payment of the Stipulated Penalties (this notification is referred to as the “Demand Letter”). Such Demand Letter shall specifically state the conduct that the OIG contends constitutes the basis for imposing the Stipulated Penalty.
Demand Letter. Upon a finding that Vencor has failed to comply with any of the obligations described in Section X.A and determining that Stipulated Penalties are appropriate, OIG shall notify Vencor by personal service or certified mail of: (a) Vencor's failure to comply; and (b) the OIG's exercise of its contractual right to demand payment of the Stipulated Penalties (this notification is hereinafter referred to as the "Demand Letter"). Within fifteen (15) days of the date of the Demand Letter, Vencor shall either: (a) cure the breach to the OIG's satisfaction and pay the applicable Stipulated Penalties; or (b) request a hearing before an HHS administrative law judge ("ALJ") to dispute the OIG's determination of noncompliance, pursuant to the agreed upon provisions set forth below in Section X.D. In the event Vencor elects to request an ALJ hearing, the Stipulated Penalties shall continue to accrue until Vencor cures, to the OIG's satisfaction, the alleged breach in dispute; however, the payment of such accrued Stipulated Penalties shall remain pending until the ALJ determination. Failure to respond to the Demand Letter in one of these two manners within the allowed time period shall be considered a material breach of this CIA and shall be grounds for exclusion under Section X.C.
Demand Letter. Upon a finding that AmeriCare has failed to comply with any of the obligations described in Section X.A and after determining that Stipulated Penalties are appropriate, OIG shall notify AmeriCare of: (a) AmeriCare’s failure to comply; and (b) OIG’s exercise of its contractual right to demand payment of the Stipulated Penalties. (This notification shall be referred to as the “Demand Letter.”)
Demand Letter. Upon a finding that GSK has failed to comply with any of the obligations described in Section X.A and after determining that Stipulated Penalties are appropriate, OIG shall notify GSK of: (a) GSK’s failure to comply; and (b) OIG’s exercise of its contractual right to demand payment of the Stipulated Penalties (this notification is referred to as the “Demand Letter”).
