Specific Performance Review Sample Clauses
Specific Performance Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for specific performance of CIA provisions shall be:
a. whether, at the time specified in the Noncompliance Notice, Extendicare was in material compliance with the obligations of this CIA for which OIG seeks specific performance; and
b. whether Extendicare failed to cure to OIG’s satisfaction. Extendicare shall have the burden of proving its material compliance and the steps taken to cure the noncompliance, if any. OIG shall not have the right to appeal to the DAB an adverse ALJ decision related to specific performance. If the ALJ agrees with OIG, Extendicare shall take the actions OIG deems necessary to cure within 20 days after the ALJ issues such a decision unless Extendicare requests review of the ALJ decision by the DAB. If the ALJ decision is properly appealed to the DAB and the DAB upholds the determination of OIG, Extendicare shall take the actions OIG deems necessary to cure within 20 days after the DAB issues its decision.
Specific Performance Review. Notwithstanding any provision of Title 42 of the United States Code or Chapter 42 of the Code of Federal Regulations, the only issues in a proceeding for specific performance of Amendment provisions shall be: (a) whether, at the time specified in the Noncompliance Notice, B▇▇▇▇▇▇ was in full and timely compliance with the obligations of this Amendment for which the OIG seeks specific performance; and (b) whether B▇▇▇▇▇▇ failed to cure. B▇▇▇▇▇▇ shall have the burden of proving its full and timely compliance and the steps taken to cure the noncompliance, if any. If the ALJ finds for the OIG, B▇▇▇▇▇▇ shall take the actions OIG deems necessary to cure within twenty (20) days after the ALJ issues such a decision notwithstanding that B▇▇▇▇▇▇ may request review of the ALJ decision by the DAB.
Specific Performance Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for specific performance of CIA provisions shall be:
a. whether, at the time specified in the Noncompliance Notice, Vanguard was in full and timely compliance with the obligations of this CIA for which OIG seeks specific performance; and
b. whether Vanguard failed to cure. Vanguard shall have the burden of proving its full and timely compliance and the steps taken to cure the noncompliance, if any. OIG shall not have the right to appeal to the DAB an adverse ALJ decision related to specific performance. If the ALJ agrees with OIG, Vanguard shall take the actions OIG deems necessary to cure within 20 days after the ALJ issues such a decision unless Vanguard requests review of the ALJ decision by the DAB. If the ALJ decision is properly appealed to the DAB and the DAB upholds the determination of OIG, Vanguard shall take the actions OIG deems necessary to cure within 20 days after the DAB issues its decision.
Specific Performance Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for specific performance of CIA provisions shall be:
a. whether, at the time specified in the Noncompliance Notice, Sava was in full and timely compliance with the obligations of this CIA for which OIG seeks specific performance; and
b. whether Sava failed to cure. Sava shall have the burden of proving its full and timely compliance and the steps taken to cure the noncompliance, if any. OIG shall not have the right to appeal to the DAB an adverse ALJ decision related to specific performance. If the ALJ agrees with OIG, Sava shall take the actions OIG deems necessary to cure within 20 days after the ALJ issues such a decision unless Sava requests review of the ALJ decision by the DAB. If the ALJ decision is properly appealed to the DAB and the DAB upholds the determination of OIG, Sava shall take the actions OIG deems necessary to cure within 20 days after the DAB issues its decision.
Specific Performance Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for specific performance of CIA requirements shall be whether Providence is full compliance with the requirements of this CIA for which OIG seeks specific performance. Providence shall have the burden of proving its full and timely compliance. If the ALJ upholds the OIG’s determination that Providence was not in compliance with this CIA and orders Providence to come into compliance, Providence must take the actions OIG deems necessary to come into compliance within 20 days after the ALJ issues such a decision, unless Providence properly and timely requests review of the ALJ decision by the DAB. If the ALJ decision is timely and properly appealed to the DAB and the DAB upholds the determination of OIG, Providence must take the actions OIG deems necessary to come into compliance within 20 days after the DAB issues its decision.