Notice of Deficiency. If ITS, upon review of the MWBE Utilization Plan and updated Quarterly MWBE Contractor Compliance Reports determines that Contractor is failing or refusing to comply with the participation goals and no waiver has been issued in regards to such non-compliance, ITS may issue a notice of deficiency to the Contractor. The Contractor must respond to the notice of deficiency within seven (7) business days of receipt. Such response may include a request for partial or total waiver of MWBE participation goals.
Notice of Deficiency. 1. If either HE or UP&UP, in the opinion of the other, fails to comply with one or more terms and conditions of this Agreement, the aggrieved party shall give written notice of deficiency to the other party. The party receiving such notice shall have thirty (30) days from the receipt thereof to remedy the deficiency in order to comply with the terms and conditions of this Agreement. In the event said default is not cured within the 30 day period, the non-defaulting party may terminate the Agreement immediately.
Notice of Deficiency. Any behavior that results in an unsatisfactory written evaluation, a directive for change, or discipline shall be called to the employee’s attention in writing within ten (10) working days after the observed behavior.
Notice of Deficiency. A written notice from the State to the Contractor notifying the Contractor of non-compliance with the requirements of this Contract. Nursing Facility (NF) – A facility that meets the requirements of Sections 1819 or 1919 of the Social Security Act and 42 CFR Part 483 and is licensed and certified as Medicaid nursing facility. (The initial letter of each word in this term is not capitalized in this Contract.) Overpayment – Any payment made to a participating provider by the Contractor to which the participating provider is not entitled to under Title XIX of the Social Security Act or any payment to a Contractor by the State to which the Contractor is not entitled. Outcomes – Changes in patient health, functional status, satisfaction or goal achievement that result from health care or supportive services. Participating Provider – Any provider, group of providers, or entity that is employed by or has signed a provider participation agreement with the Contractor or Subcontractor, and receives Medicaid funding directly or indirectly to order, refer, or provide Health Care Services. A Participating Provider is not a Subcontractor by virtue of the participation agreement. Pathways to Employment (Pathways) – A program developed and administered by various divisions within Delaware State government, with oversight by DMMA, to provide clients with disabilities the option and supports they need to work.
Notice of Deficiency. If the Trustee has not received the full amount of any Loan Payment by the time the Borrower is required to make the same pursuant to the Loan Agreement, the Trustee shall immediately notify the Borrower, the Liquidity Facility Providers (if any) and the Credit Facility Providers (if any) of such insufficiency by Electronic Means and confirm such notification as soon as possible thereafter by written notice.
Notice of Deficiency. In the event of Contractor’s Material Breach or failure to meet any Deliverable, Finalized Project Timeline deadline, Requirement or Specification, the State may issue a written Notice of Deficiency which may or may not provide the Contractor with a Cure Period. If any identified Deficiency or Material Breach is not resolved to the satisfaction of the State during an applicable Cure Period, the State may decide, in its sole discretion, to provide the Contractor with additional time to cure the Deficiency or Material Breach, or to terminate the Agreement.
Notice of Deficiency. The State’s written statement to the Contractor which formally rejects a Deliverable and identifies items given in Section 5.3.1, Exhibit C, Special Contract Conditions.
Notice of Deficiency. Following a review with the Contractor and discussion of any concerns, and any applicable Correction Period, if, at any time during the Contract, the PMO finds that a Deliverable submitted for Delivery fails to meet the Acceptance Criteria, the Department may transmit a Notice of Deficiency to the Contractor stating its rejection of the Deliverable. The Notice of Deficiency shall identify how the Deliverable fails to meet the Acceptance Criteria, as modified or augmented by other Accepted Deliverables and shall provide a timeline for correction.
Notice of Deficiency. If EndoChem notifies Licensee that Licensee's rights under this Agreement will terminate or convert the exclusive license to a non-exclusive license because UC has elected to so terminate or modify such rights under the UC Agreement for lack of diligence, EndoChem shall give the Licensee written notice of the deficiency. The Licensee thereafter has eighty-five (85) days to cure the deficiency. If (a) EndoChem has not received written tangible evidence that the deficiency has been cured; or (b) for any non-monetary default, if such default is not curable within such eighty-five (85) day period and a written plan for such cure reasonably satisfactory to UC (which in any event shall provide for the cure to be completed no later than one hundred seventy (170) days from the original date of EndoChem's notice) along with written tangible evidence that Licensee has begun to implement such plan has not been received by EndoChem within such eighty-five (85) day period; or (c) if a cure plan has been provided pursuant to (b) above, EndoChem has not received within the aforementioned one hundred seventy (170) day period written tangible evidence reasonably satisfactory to EndoChem and UC that the deficiency has been cured, then in each case EndoChem may, at its option, terminate this Agreement immediately by additional written notice to Licensee, which shall be effective immediately without the obligation to provide any further notice, or reduce the exclusive license granted to the Licensee to a non-exclusive license by giving written notice to the Licensee.
Notice of Deficiency. The State Project Manager will provide written Acceptance for the Deliverable if it meets the Acceptance Criteria and has no Deficiencies. However, if a Deficiency is found, the State shall give the Contractor Notice of its non-Acceptance, with such Notice delineating Deficiencies found as the basis for the State's decision. Upon notice of deliverable deficiency, the Contractor shall within two (2) business days: 1) correct the deficiencies and resubmit the deliverable for Acceptance; 2) submit a written detailed explanation describing precisely how the deliverable adheres to and satisfies all applicable requirements, and/or 3) submit a proposed corrective action plan to address the specific inadequacies in the deliverable. If the Contractor requires more than two (2) business days, the Contractor shall submit a written request and secure a written approval from the Project Manager for the longer period. If the Contractor opts for actions 2 or 3 above, after receipt of the Contractor detailed explanation and/or proposed corrective action plan, the State will notify the Contractor in writing within five (5) business days whether it accepts or rejects the explanation and/or plan. If the Project Manager rejects the explanation and/or plan, the Contractor will submit a revised corrective action plan within three (3) business days of notification of rejection. The Project Manager will within three (3) business days of receipt of the revised corrective action plan, notify the Contractor in writing whether it accepts or rejects the corrective action plan proposed by the Contractor. Rejection of a Deliverable by the State does not allow for slippage of the Schedule regarding subsequent Deliverables or Services. After the Contractor has corrected such noted Deficiencies, the State shall determine whether the Deliverable or Service meets the Acceptance Criteria and lacks Deficiencies and in writing shall either give its Acceptance or not accept it following such review. The Contractor shall continue to correct the Deliverable until Acceptance occurs or the State terminates the Contract.
