Financial Settlement upon Termination Clause Samples
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Financial Settlement upon Termination. Within one hundred eighty (180) calendar days of the effective date of termination of this Agreement, an accounting shall be made by FHS of the monies due and owing either party and payment shall be forthcoming by the appropriate party to settle such balance within thirty (30) calendar days of such accounting. PPG may request an independent audit of such FHS accounting. Such audit may be performed by a mutually acceptable independent certified public accountant and shall be paid for solely by PPG. In the event such independent audit results in findings different from FHS’s findings, the parties shall meet and confer to resolve such differences.
Financial Settlement upon Termination.
1. If this Agreement is terminated by either party, except as otherwise provided in this section, CMS shall conduct settlement for the entire Performance Year in which the Agreement is terminated in accordance with Section XIV.C.1 of this Agreement.
2. If this Agreement is terminated by CMS under Section XIX.B, CMS shall not make any payments of Shared Savings to the ACO, and the ACO shall remain liable for any Shared Losses, for the Performance Year in which termination becomes effective.
3. If the ACO voluntarily terminates this Agreement pursuant to Section XIX.C prior to the end of a Performance Year by providing notice to CMS on or before February 28 of that Performance Year, with an effective date no later than 30 days after the date of that notice, the ACO shall neither be eligible to receive Shared Savings nor liable for Shared Losses for such Performance Year. If the ACO voluntarily terminates this Agreement pursuant to Section XIX.C prior to the end of a Performance Year with an effective date greater than 30 days after February 28 but prior to the end of that Performance Year, the ACO shall not be eligible to receive Shared Savings but shall remain liable for Shared Losses for such Performance Year.
4. Upon termination or expiration of this Agreement, the ACO shall immediately pay all Other Monies Owed to CMS and shall remain liable for any amounts included in a settlement report issued for any Performance Year in accordance with Section XIV.C.5.
Financial Settlement upon Termination.
1. If this Agreement is terminated by either party, except as otherwise provided in this section, CMS shall conduct settlement for the entire Performance Year in which the Agreement is terminated in accordance with Section XIV.C of this Agreement.
2. If this Agreement is terminated by CMS under Section XIX.B, CMS shall not make any payments of Shared Savings to the ACO, and the ACO shall remain liable for any Shared Losses, for the Performance Year in which termination becomes effective.
3. If the ACO voluntarily terminates this Agreement during a Performance Year pursuant to Section XIX.C.1 by providing notice to CMS on or before February 28, with an effective date 30 days after the date of notice, the ACO shall neither be eligible to receive Shared Savings nor liable for Shared Losses for such Performance Year.
4. Upon termination or expiration of this Agreement, the ACO shall immediately pay all Other Monies Owed to CMS and shall remain liable for any amounts included in a settlement report issued for any Performance Year in accordance with Section XIV.C.5.
Financial Settlement upon Termination. A. If CMS terminates the Agreement or the Agreement Performance Period is terminated by either party, except as otherwise provided in this Section, CMS shall conduct settlement for the entire Performance Year in which the Agreement is terminated in accordance with Section 12.04 of the Agreement.
B. If the Agreement or Agreement Performance Period is terminated by CMS under Section 17.02, CMS shall not make any payments of Shared Savings to the DCE, and the DCE shall remain liable for any Shared Losses, for the Performance Year in which termination becomes effective.
C. If the DCE selected the Financial Guarantee Participation Commitment Mechanism and the DCE voluntarily terminates the Agreement Performance Period pursuant to Section 17.03 by providing notice to CMS on or before the Termination Without Liability Date of the DCE’s second Performance Year, CMS shall pursue payment for the Retention Guarantee Amount under the DCE’s financial guarantee required under Section 12.05 or Retention Guarantee described in Section 12.03.B.
D. If CMS deems that the DCE selected the Retention Withhold Participation Commitment Mechanism as described in Section 12.03.C and the DCE voluntarily terminates the Agreement Performance Period pursuant to Section 17.03 by providing notice to CMS on or before the Termination Without Liability Date of the DCE’s second Performance Year, CMS will perform Final Financial Settlement for the DCE’s first Performance Year using the Retention Withhold as described in Appendix B, such that the DCE will not earn back the Retention Withhold Amount, as described in Section 12.03.C and Section V.D.1 of Appendix B, as described in Section 12.03.C.
E. If the DCE voluntarily terminates the Agreement Performance Period pursuant to Section 17.03 by providing notice to CMS on or before the Termination Without Liability Date of a Performance Year, with an effective date no later than 30 Days after the date of that notice, no annual settlement shall be conducted for that Performance Year and the DCE shall neither be eligible to receive Shared Savings nor liable for Shared Losses for such Performance Year. If the DCE voluntarily terminates the Agreement Performance Period pursuant to Section 17.03 prior to the end of a Performance Year with an effective date greater than 30 Days after the Termination Without Liability Date, the DCE shall not be eligible to receive Shared Savings but shall remain liable for Shared Losses for such Performance Year. If the...
Financial Settlement upon Termination. A. If CMS terminates the Agreement or the Agreement Performance Period is terminated by either party, except as otherwise provided in this Section, CMS shall conduct settlement for the entire Performance Year in which the Agreement is terminated in accordance with Section 12.04 of the Agreement.
B. If the Agreement or Agreement Performance Period is terminated by CMS for any reason described in paragraphs (A) through (E) of Section 17.02, CMS shall not make any payments of Shared Savings to the ACO, and the ACO shall remain liable for any Shared Losses, for the Performance Year in which termination becomes effective.
C. If the ACO selected the Financial Guarantee Participation Commitment Mechanism and the ACO voluntarily terminates the Agreement Performance Period pursuant to Section 17.03 by providing notice to CMS on or before the Termination Without Liability Date of the ACO’s second Performance Year, CMS shall pursue payment of the Retention Guarantee Amount under the ACO’s
Financial Settlement upon Termination. A. If CMS terminates the Agreement or the Agreement Performance Period is terminated by either party, except as otherwise provided in this Section, CMS shall conduct settlement for the entire Performance Year in which the Agreement is terminated in accordance with Section 12.04 of the Agreement.
B. If the Agreement or Agreement Performance Period is terminated by CMS for any reason described in paragraphs (A) through (E) of Section 17.02, CMS shall not make any payments of Shared Savings to the ACO, and the ACO shall remain liable for any Shared Losses, for the Performance Year in which termination becomes effective.
C. If the ACO selected the Financial Guarantee Participation Commitment Mechanism and the ACO voluntarily terminates the Agreement Performance Period pursuant to Section 17.03 by providing notice to CMS on or before the Termination Without Liability Date of the ACO’s second Performance Year, CMS shall pursue payment of the Retention Guarantee Amount under the ACO’s financial guarantee required under Section 12.05 or Retention Guarantee described in Section 12.03.B.
D. If CMS deems that the ACO selected the Retention Withhold Participation Commitment Mechanism as described in Section 12.03.C and the ACO voluntarily terminates the Agreement Performance Period pursuant to Section
Financial Settlement upon Termination. 1. If this Agreement is terminated by either party, except as otherwise provided in this section, CMS shall conduct settlement for the entire Performance Year in which the Agreement is terminated in accordance with Section XIV.C of this Agreement.
2. If this Agreement is terminated by CMS under Section XIX.B, CMS shall not make any payments of Shared Savings to the ACO, and the ACO shall remain liable for any Shared Losses, for the Performance Year in which termination becomes effective.
3. If the ACO voluntarily terminates this Agreement pursuant to Section XIX.C.1 with an effective date on or before April 1, the ACO shall be neither eligible to receive Shared Savings nor liable for Shared Losses for such Performance Year.
4. Upon termination or expiration of this Agreement, the ACO shall immediately pay all Other Monies Owed to CMS and shall remain liable for any amounts included in a settlement report issued for any Performance Year in accordance with Section XIV.C.5.
Financial Settlement upon Termination. In the event the Agreement is terminated by either Party in accordance with this Article 21, the Participant shall be liable for all Repayment Amounts and Excess Spending Amounts owed to CMS for Clinical Episodes included in the Reconciliation calculation and Post-Episode Monitoring Spending Calculation in accordance with Article 5.2(a)(4) and Article 5.2(b)(3).
(a) Upon termination of this Agreement, CMS will continue to issue Reconciliation Reports and Post-Episode Spending Calculation Reports to the Participant, in accordance with the processes set forth in Article 7, to account for the Clinical Episodes included in the Reconciliation calculation and Post-Episode Monitoring Spending Calculation in accordance with Article 5.2(a)(4) and Article 5.2(b)(3).
(b) Upon termination of this Agreement, CMS will make NPRA payments in accordance with the requirements of Article 7, to include the NPRA eligibility requirements, and the Participant shall pay CMS all Repayment Amounts and Excess Spending Amounts in accordance with Article 7, calculated with respect to Clinical Episodes included in the Reconciliation calculation and Post-Episode Monitoring Spending Calculation in accordance with Article 5.2(a)(4) and Article 5.2(b)(3).
(c) The Participant shall not distribute or otherwise remove any monies from the BPCI Advanced Savings Pool after the effective date of termination of this Agreement unless and until CMS has issued a written notice informing the Participant that all outstanding Repayment Amounts and Excess Spending Amounts owed to CMS for Clinical Episodes included in the Reconciliation calculation and Post-Episode Monitoring Spending Calculation in accordance with Article 5.2(a)(4) and Article 5.2(b)(3) have been settled to CMS’ satisfaction.
(d) The obligations of the Parties under this Article 21.5 shall survive the termination of this Agreement. Article 22 Limitations on Review
Financial Settlement upon Termination. A. If CMS terminates the Agreement or the Agreement Performance Period is terminated by either party, except as otherwise provided in this Section, CMS shall conduct settlement for the entire Performance Year in which the Agreement is terminated in accordance with Section 12.04 of the Agreement.
Financial Settlement upon Termination. If the Agreement Performance Period or this Agreement is terminated by either Party pursuant to this Article XIV, CMS will issue a Final Financial Settlement Report to the MDPCP Practice in accordance with Article 9.7(c).