Medically Necessary In general, We will not Cover any dental service, procedure, treatment, test or device that We determine is not Medically Necessary. If an External Appeal Agent certified by the State overturns Our denial, however, We will Cover the service, procedure, treatment, test or device for which coverage has been denied, to the extent that such service, procedure, treatment, test or device, is otherwise Covered under the terms of this Contract.
SAVINGS/FORCE MAJEURE A Force Majeure occurrence is an event or effect that cannot be reasonably anticipated or controlled and is not due to the negligence or willful misconduct of the affected party. Force Majeure includes, but is not limited to, acts of God, acts of war, acts of public enemies, terrorism, strikes, fires, explosions, actions of the elements, floods, or other similar causes beyond the control of the Contractor or the Commissioner in the performance of the Contract where non- performance, by exercise of reasonable diligence, cannot be prevented. The affected party shall provide the other party with written notice of any Force Majeure occurrence as soon as the delay is known and provide the other party with a written contingency plan to address the Force Majeure occurrence, including, but not limited to, specificity on quantities of materials, tooling, people, and other resources that will need to be redirected to another facility and the process of redirecting them. Furthermore, the affected party shall use its commercially reasonable efforts to resume proper performance within an appropriate period of time. Notwithstanding the foregoing, if the Force Majeure condition continues beyond thirty (30) days, the Parties shall jointly decide on an appropriate course of action that will permit fulfillment of the Parties’ objectives hereunder. The Contractor agrees that in the event of a delay or failure of performance by the Contractor, under the Contract due to a Force Majeure occurrence:
Medically Necessary Services for the State plan services in Addendum VIII. B medically necessary has the meaning in Wis. Admin. Code DHS §101.03(96m): services (as defined under Wis. Stat. § 49.46
Aggravating and Mitigating Factors The penalties in this matter were determined in consideration of all relevant circumstances, including statutory factors as described in CARB’s Enforcement Policy. CARB considered whether the violator came into compliance quickly and cooperated with the investigation; the extent of harm to public health, safety and welfare; nature and persistence of the violation, including the magnitude of the excess emissions; compliance history; preventative efforts taken; innovative nature and the magnitude of the effort required to comply, and the accuracy, reproducibility, and repeatability of the available test methods; efforts to attain, or provide for, compliance prior to violation; action taken to mitigate the violation; financial burden to the violator; and voluntary disclosure. The penalties are set at levels sufficient to deter violations, to remove any economic benefit or unfair advantage from noncompliance, to obtain swift compliance, and the potential costs, risks, and uncertainty associated with litigation. Penalties in future cases might be smaller or larger depending on the unique circumstances of the case.
Severe Weather An employee who is late for a scheduled shift during a severe weather day will be offered the opportunity to work his/her full regular schedule of hours if work is needed, without suffering any pay deductions taken from such employee’s regular scheduled work day providing such employee completes his/her shift. Severe weather days are days when weather hampers mass transit (e.g. buses and ferries) from transporting travelers to their destinations. If weather conditions are such that driving to work would be hazardous, roads are closed, or travel to work would result in extreme hardship, an employee may use his/her PTO time if unable to report for work. EIB is not available for severe weather days. Employees are required to provide notification as soon as practicable if they are going to be late or unable to report for work.
Court Appearance Leave Without Pay An employee may request and shall be granted leave without pay for the time required to make an appearance as a plaintiff or defendant in a civil or criminal court proceeding that is not connected with the employee's officially assigned duties. However, reduction in salary will not be made for an FLSA-exempt employee to testify in court or at a deposition except for full workweek increments where such testimony causes an absence of one (1) or more full workweeks.
Termination for Force Majeure In the event of a force majeure that lasts longer than thirty (30) days from the date that a Party claiming relief due to the force majeure event gives notice to the other Party, the Party not claiming relief under the force majeure event may terminate this Agreement upon written notice to the other Party. For the avoidance of doubt, the COVID-19 pandemic does not constitute a force majeure event.
Housekeeping Service and Cleanliness Housekeeping Service will be provided to clean only the kitchenette and washroom areas of the Room on a regularly scheduled basis as posted by the Manager. This Housekeeping Service is not optional. Residents must ensure that all counters and sinks are clear of any dishes, appliances, or any other personal items. As part of the Housekeeping Service, the Room will be inspected. Should the Room be found in an unhygienic state, the Resident(s) will be given 24 hours to return it to a proper state, or it will be cleaned at the discretion of the Manager with a minimum charge of $25.00. The Resident shall, at all times during the Term, keep all parts of the Room clean, including and not limited to; floor coverings, doors, walls, ceilings, kitchenette appliances, counters, cupboards, faucets, sinks, furniture, glass, window frames, and other furnishings. Vacuums, brooms, and mops may be signed out at the front desk, subject to availability.
Mitigation of Force Majeure The suspension of a Party’s performance under the Agreement due to a claim of Force Majeure shall be of no greater scope and of no longer duration than is required by the Force Majeure event. A Party suspending performance due to Force Majeure shall take, or cause to be taken, such action as may be necessary to void, or nullify, or otherwise to mitigate, in all material respects, the effects of such event of Force Majeure. The Parties shall take all reasonable steps to resume normal performance under this Agreement after the cessation of any Force Majeure event. If Seller cannot meet the Expected Initial Delivery Date as a result of a Force Majeure event declared by Seller in accordance with Article Two, then Seller shall work diligently to resolve the effect of the Force Majeure and provide evidence of its efforts promptly upon Xxxxx’s written request.
