Partial Breach Sample Clauses
Partial Breach. The STATE and the MCO agree that if the MCO does not perform any of the duties in this Contract, the STATE may, in lieu of terminating this Contract, enforce one of the remedies listed in sections 5.4.3 or 5.4.4, at the STATE’s option. Enforcing one of the remedies shall not be construed to bar other legal or equitable remedies that may be available to the STATE, including, but not limited to, criminal prosecution. Concurrent breaches of the same administrative functions may be construed as more than a single breach.
Partial Breach. The STATE and the HEALTH PLAN agree that if the HEALTH PLAN does not perform any of the duties in this Contract, the STATE may, in lieu of terminating this Contract, enforce one of the remedies listed in Section 5.3.4., at the STATE’s option. Enforcing one of the remedies shall not be construed to bar other legal or equitable remedies which may be available to the STATE, including, but not limited to, criminal prosecution. Concurrent breaches of the same administrative functions may be construed as more than a single breach.
Partial Breach breach of lesser gravity, and the performance of the breaching party, even though it falls short of what is required by the contract, is called substantial performance.