Common use of Specific Performance Review Clause in Contracts

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:be:‌ a. whether, at the time specified in the Noncompliance Notice, Vanguard Spring Gate was in full and timely compliance with the obligations of this CIA for which OIG seeks specific performance; and b. whether Vanguard Spring Gate failed to cure. Vanguard Spring Gate 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 Spring Gate shall take the actions OIG deems necessary to cure within 20 days after the ALJ issues such a decision unless Vanguard Spring Gate 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 Spring Gate shall take the actions OIG deems necessary to cure within 20 days after the DAB issues its decision.