Common use of Termination for Unavailability of Funds Clause in Contracts

Termination for Unavailability of Funds. The State of West Virginia, Department of Administration Purchasing through BMS at its discretion, may terminate at any time, the whole, or any part of, this Contract or modify the terms of the Contract if federal or state funding for the Contract or for the Medicaid program as a whole is reduced or terminated for any reason. Modification of the Contract includes, but is not limited to, reduction of the rates or amounts of consideration, reducing services covered by the MCO, or the alteration of the manner of the performance in order to reduce expenditures under the contract. Whenever possible, the MCO will be given thirty (30) calendar days notification of termination. After modification of the contract, the MCO will have the right not to continue the Contract if the new Contract terms are deemed to be insufficient, notwithstanding any other provision of this contract. The MCO will have a minimum of sixty (60) calendar days to notify the State of West Virginia, Department of Administration Purchasing through BMS regarding its desire to accept new terms. If the new capitation rates and any other Contract modifications are not established at least sixty (60) calendar days prior to the expiration of the initial or extension agreement, BMS will reimburse the MCO at the higher of the new or current capitation rates for that period during which the new agreement period had commenced and the MCO’s sixty (60) calendar day determination and notification period had not been completed, and the MCO will be held to the terms of the executed contract. If BMS is not allotted funds in any succeeding fiscal year for the continued use of the services covered by this contract, BMS may terminate the Contract pursuant to Article II, Section 6, hereof at the end of the affected current fiscal period without further charge or penalty. BMS is obligated to pay all charges incurred through the end of the then fiscal year at which time this Contract will terminate. BMS must give the MCO written notice of such non-allocation of funds as soon as possible after BMS receives notice of such non-allocation. No penalty may accrue to the in the event this provision is exercised.

Termination for Unavailability of Funds. The State of West Virginia, Department of Administration Purchasing through BMS the Department at its discretion, may terminate at any time, the whole, or any part of, this Contract or modify the terms of the Contract if federal or state funding for the Contract or for Contract, the Medicaid program, or the Xxxxxx Care program as a whole is reduced or terminated for any reason. Modification of the Contract includes, but is not limited to, reduction of the rates or amounts of consideration, reducing services covered by the MCO, or the alteration of the manner of the performance in order to reduce expenditures under the contract. Whenever possible, the MCO will be given thirty (30) calendar days notification of termination. After modification of the contract, the MCO will have the right not to continue the Contract if the new Contract terms are deemed to be insufficient, notwithstanding any other provision of this contract. The MCO will have a minimum of sixty (60) calendar days to notify the State of West Virginia, Department of Administration Purchasing through BMS the Department regarding its desire to accept new terms. If the new capitation rates and any other Contract modifications are not established at least sixty (60) calendar days prior to the expiration of the initial or extension agreement, BMS the Department will reimburse the MCO at the higher of the new or current capitation rates for that period during which the new agreement period had commenced and the MCO’s sixty (60) calendar day determination and notification period had not been completed, and the MCO will be held to the terms of the executed contract. If BMS the Department is not allotted funds in any succeeding fiscal year for the continued use of the services covered by this contract, BMS the Department may terminate the Contract pursuant to Article II, Section 6, hereof at the end of the affected current fiscal period without further charge or penalty. BMS The Department is obligated to pay all charges incurred through the end of the then fiscal year at which time this Contract will terminate. BMS The Department must give the MCO written notice of such non-allocation of funds as soon as possible after BMS the Department receives notice of such non-allocation. No penalty may accrue to the MCO in the event this provision is exercised.

Termination for Unavailability of Funds. The State of West Virginia, Department of Administration Purchasing through BMS at its discretion, may terminate at any time, the whole, or any part of, this Contract or modify the terms of the Contract if federal or state funding for the Contract or for the Medicaid or WVCHIP program as a whole is reduced or terminated for any reason. Modification of the Contract includes, but is not limited to, reduction of the rates or amounts of consideration, reducing services covered by the MCO, or the alteration of the manner of the performance in order to reduce expenditures under the contract. Whenever possible, the MCO will be given thirty (30) calendar days notification of termination. After modification of the contract, the MCO will have the right not to continue the Contract if the new Contract terms are deemed to be insufficient, notwithstanding any other provision of this contract. The MCO will have a minimum of sixty (60) calendar days to notify the State of West Virginia, Department of Administration Purchasing through BMS regarding its desire to accept new terms. If the new capitation rates and any other Contract modifications are not established at least sixty (60) calendar days prior to the expiration of the initial or extension agreement, BMS will reimburse the MCO at the higher of the new or current capitation rates for that period during which the new agreement period had commenced and the MCO’s sixty (60) calendar day determination and notification period had not been completed, and the MCO will be held to the terms of the executed contract. If BMS is not allotted funds in any succeeding fiscal year for the continued use of the services covered by this contract, BMS may terminate the Contract pursuant to Article II, Section 6, hereof at the end of the affected current fiscal period without further charge or penalty. BMS is obligated to pay all charges incurred through the end of the then fiscal year at which time this Contract will terminate. BMS must give the MCO written notice of such non-allocation of funds as soon as possible after BMS receives notice of such non-allocation. No penalty may accrue to the in the event this provision is exercised.