Non-Compliance Remedies Sample Clauses

Non-Compliance Remedies. It is the State’s primary goal to ensure that the Contractor and its subcontractors/vendors deliver quality care to members while maintaining the program integrity of the State of Indiana’s Hoosier Healthwise program. To assess attainment of this goal, the State monitors certain quality and performance standards, and holds the Contractor accountable for being in compliance with Contract terms. FSSA accomplishes this by working collaboratively with the Contractor to maintain and improve programs, and not to impair Contractor stability. In the event that the Contractor and/or its subcontractors/vendors fail to meet performance requirements or reporting standards set forth in the Contract or other standards established by the State, the State will provide the Contractor with a written notice of non-compliance and may require any of the corrective actions or remedies discussed below or in this Contract. The State will provide written notice of non-compliance to the Contractor within sixty (60) calendar days of the State's discovery of such non-compliance. If FSSA elects not to exercise a corrective action clause contained anywhere in the Contract in a particular instance, this decision must not be construed as a waiver of the State's right to pursue future assessment of that performance requirement and associated damages, including damages that, under the terms of the Contract, may be retroactively assessed.
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Non-Compliance Remedies. If Contractor fails to comply with any of the provisions of this Section 10, Contractor, among other things and without restricting Edison’s remedies under the law or otherwise, shall, at its own cost and expense, provide Edison with the same protections and benefits that an insurer would have, had the insurance been maintained in accordance with the provisions of this Section 10. With respect to the required Commercial General Liability, Umbrella/Excess Liability, Commercial Automobile Liability, and Pollution Liability insurance, if applicable, Contractor shall provide a current, full and complete defense to Edison, its subsidiaries and Affiliates, and their respective officers, directors, shareholders, agents, employees, assigns, and successors in interest, in response to a third party claim in the same manner that an insurer would have, had the insurance been maintained in accordance with the provisions in this Section 10. Edison shall have the right to withhold payment otherwise due Contractor if Contractor or its Subcontractors are not in compliance with their insurance obligations.
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Non-Compliance Remedies. Failure to comply with the terms of this Repayment agreement constitutes a failure to pay rent and a "material noncompliance" pursuant to paragraph(s) 4 & 16 of your lease agreement. Household understands that, should he/she fail to timely comply with any term of this agreement, Landlord may serve Household with the applicable notice to terminate the tenancy and regain possession of the premises.
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Non-Compliance Remedies. If the U.S. Department of the Treasury or any other agency with jurisdiction determines that the County failed to comply with the state or federal requirements associated with this Agreement, and imposes corrective action or sanctions as a result, the Nonprofit shall fully comply with implementing such sanctions.
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Non-Compliance Remedies. It is the State’s primary goal to ensure that the Contractor is delivering quality care to members. To assess attainment of this goal, the State monitors certain quality and performance standards, and holds the Contractor accountable for being in compliance with Contract terms. OMPP accomplishes this by working collaboratively with the Contractor to maintain and improve programs, and not to impair health plan stability. In the event that the Contractor fails to meet performance requirements or reporting standards set forth in Exhibit 3, or the Contractor Reporting Manual, the State will provide the Contractor with a written notice of non-compliance and may require any of the corrective actions or remedies discussed in Exhibit 3. The State will provide written notice of non-compliance to the Contractor within sixty (60) calendar days of the State's discovery of such non-compliance. If FSSA elects not to exercise a corrective action clause contained anywhere in the Contract or Exhibit 3 in a particular instance, this decision shall not be construed as a waiver of the State's right to pursue future assessment of that performance requirement and associated damages, including damages that, under the terms of the Contract, may be retroactively assessed.
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Non-Compliance Remedies. If a Member fails to comply with this Affiliation Agreement, the Articles of Incorporation, the Bylaws, the IP License Agreement or any other Exhibits to this Affiliation Agreement or any other policies and procedures adopted by the Board of Directors, as each may be amended from time to time, an officer of the Alliance may send such Member a written notice that describes the non-compliance in reasonable detail. If, after receipt of such a notice, the Board of Directors and Members by a vote pursuant to Section 4 of this Affiliation Agreement determine that the Member in question has not corrected such non-compliance or is not taking reasonable and/or timely steps to eventually correct such non-compliance, the Alliance may impose such non-monetary penalties upon the Member as by approved by the Board of Directors and Members by a vote pursuant to Section 4 of this Affiliation Agreement, including, without limitation, any of the following or any combination of the following: (i) suspending the Member’s use of intellectual property under the IP License Agreement, (ii) suspending the Member’s voting rights, (iii) suspending the rights of the Member’s director’s voting rights, or (iv) the termination of such Member’s participation in the Alliance. In addition, the IP License Agreement may be terminated pursuant to Section 6.2(a) of the IP License Agreement and any termination of the IP License Agreement will terminate a Member’s affiliation with the Alliance. While the Alliance may assess dues on all Members as provided in Section 2(b), the Alliance may not impose monetary penalties on any individual Member pursuant to this Section 6(a). All rights and obligations under this Agreement shall be between each Member and the Alliance and only the Alliance, and not individual Members, will have the right to enforce this Agreement against the Members.
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Non-Compliance Remedies. If Contractor fails to comply with any of the provisions of this Section 11, Contractor, among other things and without restricting EMS’s or Customer’s remedies under the law or otherwise, shall, at its own cost and expense, provide the same protections and benefits that an insurer would have, had the insurance been maintained in accordance with the provisions of this Section 11. Contractor shall provide a current, full and complete defense to EMS and Edison, their respective subsidiaries and Affiliates, and their respective officers, directors, shareholders, agents, employees, assigns, and successors in interest, in response to a third party claim in the same manner that an insurer would have, had the insurance been maintained in accordance with the provisions of this Section 11. EMS and Customer shall have the right to withhold payment otherwise due Contractor if Contractor or its Subcontractors are not in compliance with their insurance obligation.
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Non-Compliance Remedies. If Contractor fails to comply with any of the provisions of this Section 11, Contractor, among other things and without restricting EMS’s or Edison’s remedies under the law or otherwise, shall, at its own cost and expense, provide the same protections and benefits that an insurer would have, had the insurance been maintained in accordance with the provisions of this Section 11. With respect to the required Commercial General Liability, Commerce or Internet Security, and Commercial Automobile Liability, Contractor shall provide a current, full and complete defense to EMS and Edison, their respective subsidiaries and Affiliates, and their respective officers, directors, shareholders, agents, employees, assigns, and successors in interest, in response to a third party claim in the same manner that an insurer would have, had the insurance been maintained in accordance with the provisions of this Section 11. EMS shall have the right to withhold payment otherwise due Contractor if Contractor or its Subcontractors are not in compliance with their insurance obligation.
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Non-Compliance Remedies. If Implementer fails to comply with any of the provisions of this Section, Implementer, among other things and without restricting SCE ’s remedies under the law or otherwise, shall, at its own cost and expense, provide SCE with the same protections and benefits that an insurer would have, had the insurance been maintained in accordance with the provisions of this Section. Implementer shall provide a current, full and complete defense to Edison, its subsidiaries and Affiliates, and their respective officers, directors, shareholders, agents, employees, assigns, and successors in interest, in response to a third-party claim in the same manner that an insurer would have, had the insurance been maintained in accordance with the terms and conditions set forth above. SCE shall have the right to withhold payment otherwise due Implementer if Implementer or its Subcontractors are not in compliance with their insurance obligations.
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Related to Non-Compliance Remedies

  • Defaults Remedies (a) It shall be an Event of Default:

  • BREACH; REMEDIES Notwithstanding anything to the contrary in this Agreement, the Participant agrees and acknowledges that the breach of this Section would cause substantial loss to the goodwill of the Company and/or its Affiliates, and cause irreparable harm for which there is no adequate remedy at law. Further, because the Participant’s employment with the Employer is personal and unique, because damages alone would not be an adequate remedy and because of the Participant’s access to the Confidential Information, the Company and/or its Affiliates shall have the right to enforce this Section, including any of its provisions, by injunction, specific performance, or other equitable relief, without having to post bond or prove actual damages, and without prejudice to any other rights and remedies that the Company and/or its Affiliates may have for a breach of this Section, including, without limitation, money damages. The Participant agrees and acknowledges that notwithstanding the arbitration provisions in this Agreement, the Company may elect to file and pursue claims which arise from or relate to the Participant’s actual or threatened breaches of this Section in state or federal court of competent jurisdiction. The Participant shall be liable to pay all costs, including reasonable attorneys’ and experts’ fees and expenses, that the Company and/or its Affiliates may incur in enforcing or defending this Section, whether or not litigation is actually commenced and including litigation of any appeal taken or defended by the Company and/or its Affiliates where the Company and/or its Affiliates succeed in enforcing any provision of this Section.

  • Defaults and Remedies Section 6.01.

  • Breach and Remedies If Seller discovers or is notified of a security breach or potential security breach based on the restrictions contained in this article (“Security Breach”), Seller immediately shall: (i) cease access to any Proprietary Information and Materials that are the subject of the Security Breach and shall not review any Unauthorized Proprietary Information and Materials; (ii) provide notice to Buyer, including notice of the materials involved in the Security Breach, by sending notice to xxxxx@xxxxxx.xxx and to Buyer’s Authorized Procurement Representative for this Contract; and (iii) assist Xxxxx in investigating, remedying, and taking any other action Buyer deems necessary to address such Security Breach, including related to any dispute, inquiry, or claim related to such Security Breach. Seller agrees to permit Buyer to review its security control procedures and practices via physical or electronic access by Buyer, including access to Seller facilities in which such systems are located, as well as any and all premises where maintenance, storage or backup activities are performed. Any material breach of this article by Seller may be considered a default for which Buyer may suspend Electronic Access and/or cancel this Contract, and any other contracts between Buyer and Seller, in accordance with the "Cancellation for Default" article of this Contract. Further, Seller acknowledges that any attempts by Seller or any Seller Personnel to circumvent any security measures designed to prevent unauthorized access to the Boeing Systems may be subject to criminal or civil penalties under the U.S. Federal Computer Fraud and Abuse Act and other applicable laws and regulations.

  • Breach; STATE’s Remedies If PURCHASER fails to remedy a violation within the time allowed and as instructed by STATE, or if PURCHASER fails to complete work as required within any interim contract completion date or by the contract expiration date, PURCHASER is in breach, and STATE may pursue any and all remedies available to STATE. Such remedies include, but are not limited to: (1) making a claim on each bond provided by PURCHASER; (2) suing PURCHASER for all damages STATE incurs as a result of PURCHASER's breach; (3) suing PURCHASER for specific performance of the contract; (4) terminating the contract and reselling the breached contract; and (5) declaring PURCHASER in default, in accordance with the provisions of OAR 629- 032-0000 through 0070 (as adopted at the time of contracting and as may be amended later by the agency having jurisdiction or authority over such activities). The provisions of OAR 629-032-0000 through 0070, and any future amendments, are incorporated into this contract and made a permanent part hereof by reference as though fully set forth herein. THE PROVISIONS OF OAR 629-032-0000 THROUGH 0070 ARE IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER REMEDIES STATE MAY HAVE FOR THE PURCHASER'S BREACH OF CONTRACT. NOTICES, PLANS, AND INSPECTIONS Section 35. Work Responsibility and Acceptance. Prior to the completion and final acceptance of operations, PURCHASER shall be held responsible for, and shall correct any injury or damage to, the operations or any part of the operations, from any cause whatsoever, unless adjustment is made pursuant to Section 28. STATE shall make final inspection of operations done by PURCHASER within 10 calendar days after written notification is received by STATE from PURCHASER stating that the operation is complete. Following inspection, STATE shall notify PURCHASER of acceptance in writing. If the operation is not acceptable to STATE, STATE shall advise PURCHASER in writing of the particular defects to be remedied before final acceptance by STATE can be made.

  • Waiver and Remedies The parties may (a) extend the time for performance of any of the obligations or other acts of any other party to this Agreement, (b) waive any inaccuracies in the representations and warranties of any other party to this Agreement contained in this Agreement or in any certificate, instrument or document delivered pursuant to this Agreement or (c) waive compliance with any of the covenants, agreements or conditions for the benefit of such party contained in this Agreement. Any such extension or waiver by any party to this Agreement will be valid only if set forth in a written document signed on behalf of the party or parties against whom the waiver or extension is to be effective. No extension or waiver will apply to any time for performance, inaccuracy in any representation or warranty, or noncompliance with any covenant, agreement or condition, as the case may be, other than that which is specified in the written extension or waiver. No failure or delay by any party in exercising any right or remedy under this Agreement or any of the documents delivered pursuant to this Agreement, and no course of dealing between the parties, operates as a waiver of such right or remedy, and no single or partial exercise of any such right or remedy precludes any other or further exercise of such right or remedy or the exercise of any other right or remedy. Any enumeration of a party’s rights and remedies in this Agreement is not intended to be exclusive, and a party’s rights and remedies are intended to be cumulative to the extent permitted by law and include any rights and remedies authorized in law or in equity.

  • Waivers and Remedies The waiver by any of the parties hereto of any other party's prompt and complete performance, or breach or violation, of any provision of this Agreement shall not operate nor be construed as a waiver of any subsequent breach or violation, and the waiver by any of the parties hereto to exercise any right or remedy which it may possess hereunder shall not operate nor be construed as a bar to the exercise of such right or remedy by such party upon the occurrence of any subsequent breach or violation.

  • Waiver and Cumulative Remedies No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

  • CUSTOMER REMEDIES XxxxxxxxxxXxxxxx.xxx's entire liability and your exclusive remedy shall be, at XxxxxxxxxxXxxxxx.xxx's option, either refund of the price paid for the defective Software, or repair or replacement of the defective Software, in each case upon return to XxxxxxxxxxXxxxxx.xxx during the warranty period. You must return the defective Software product to XxxxxxxxxxXxxxxx.xxx with a copy of your purchase receipt. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.

  • Acceleration; Remedies Upon the occurrence and during the continuance of an Event of Default, then, and in any such event, (a) if such event is a Bankruptcy Event, automatically the Commitments shall immediately terminate and the Loans (with accrued interest thereon), and all other amounts under the Credit Documents (including, without limitation, the maximum amount of all contingent liabilities under Letters of Credit) shall immediately become due and payable, and (b) if such event is any other Event of Default, any or all of the following actions may be taken: (i) with the written consent of the Required Lenders, the Administrative Agent may, or upon the written request of the Required Lenders, the Administrative Agent shall, declare the Commitments to be terminated forthwith, whereupon the Commitments shall immediately terminate; (ii) the Administrative Agent may, or upon the written request of the Required Lenders, the Administrative Agent shall, declare the Loans (with accrued interest thereon) and all other amounts owing under this Agreement and the Notes to be due and payable forthwith and direct the Borrower to pay to the Administrative Agent cash collateral as security for the LOC Obligations for subsequent drawings under then outstanding Letters of Credit an amount equal to the maximum amount of which may be drawn under Letters of Credit then outstanding, whereupon the same shall immediately become due and payable; and/or (iii) with the written consent of the Required Lenders, the Administrative Agent may, or upon the written request of the Required Lenders, the Administrative Agent shall, exercise such other rights and remedies as provided under the Credit Documents and under applicable law.

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