Failure to Meet Contract Requirements. The MCO must comply with all requirements and performance standards set forth in this Contract. The MCO agrees that failure to comply with all provisions of the Contract may result in the assessment of remedies and/or termination of the Contract, in whole or in part, in accordance with this Article. The MCO agrees and understands that BMS may pursue contractual remedies for non-performance under the Contract. At any time and at its discretion, BMS may impose or pursue one (1) or more remedies for each item of non-performance and will determine remedies on a case-by-case basis. BMS is entitled to monetary damages in the form of actual, consequential, direct, indirect, special, and/or Liquidated Damages resulting from the MCO’s non-performance under this Contract. In some cases, the actual damage to BMS as a result of the MCO’s failure to meet any aspect of the responsibilities of the Contract and/or to meet specific performance standards set forth in the Contract will be difficult or impossible to determine with precise accuracy.
Appears in 6 contracts
Samples: Service Provider Agreement, Service Provider Agreement, Service Provider Agreement
