Common use of Adjustment of Funding Clause in Contracts

Adjustment of Funding. (a) The Funder may adjust the Funding in any of the following circumstances: (1) in the event of changes to Applicable Law or Applicable Policy that affect Funding; (2) on a change to the Services; (3) if required by either the Director or the Minister under the Act; (4) in the event that a breach of this Agreement is not remedied to the satisfaction of the Funder; and (5) as otherwise permitted by this Agreement. (b) Funding recoveries or adjustments required pursuant to section 5.1(a) may be accomplished through the adjustment of Funding, requiring the repayment of Funding, through the adjustment of the amount of any future funding installments, or through both. Approved Funding already expended properly in accordance with this Agreement will not be subject to adjustment. The Funder will, at its sole discretion, and without liability or penalty, determine whether the Funding has been expended properly in accordance with this Agreement. (c) In determining the amount of a funding adjustment under section 5.1 (a) (4) or (5), the Funder shall take into account the following principles: (1) Resident care must not be compromised through a funding adjustment arising from a breach of this Agreement; (2) the HSP should not gain from a breach of this Agreement; (3) if the breach reduces the value of the Services, the funding adjustment should be at least equal to the reduction in value; and (4) the funding adjustment should be sufficient to encourage subsequent compliance with this Agreement, and such other principles as may be articulated in Applicable Law or Applicable Policy from time to time.

Adjustment of Funding. (a) The Funder LHIN may adjust the Funding in any of the following circumstances: (1) in the event of changes to Applicable Law or Applicable Policy that affect Funding; (2) on a change to the Services; (3) if required by either the Director or the Minister under the Act; (4) in the event that a breach of this Agreement is not remedied to the satisfaction of the FunderLHIN; and (5) as otherwise permitted by this Agreement. (b) Funding recoveries or adjustments required pursuant to section 5.1(a) may be accomplished through the adjustment of Funding, requiring the repayment of Funding, Funding and/or through the adjustment of the amount of any future funding installments, or through both. Approved Funding already expended properly in accordance with this Agreement will not be subject to adjustment. The Funder LHIN will, at its sole discretion, and without liability or penalty, determine whether the Funding has been expended properly in accordance with this Agreement. (c) In determining the amount of a funding adjustment under section 5.1 (a) (4) or (5), the Funder LHIN shall take into account the following principles: (1) Resident care must not be compromised through a funding adjustment arising from a breach of this Agreement; (2) the HSP should not gain from a breach of this Agreement; (3) if the breach reduces the value of the Services, the funding adjustment should be at least equal to the reduction in value; and (4) the funding adjustment should be sufficient to encourage subsequent compliance with this Agreement, and such other principles as may be articulated in Applicable Law or Applicable Policy from time to time.

Adjustment of Funding. (a) The Funder LHIN may adjust the Funding in any of the following circumstances: (1) in the event of changes to Applicable Law or Applicable Policy that affect Funding; (2) on a change to the Services; (3) if required by either the Director or the Minister under the Act; (4) in the event that a breach of this Agreement is not remedied to the satisfaction of the FunderLHIN; and (5) as otherwise permitted by this Agreement. (b) Funding recoveries or adjustments required pursuant to section 5.1(a) may be accomplished through the adjustment of Funding, requiring the repayment of Funding, through the adjustment of the amount of any future funding installments, or through both. Approved Funding already expended properly in accordance with this Agreement will not be subject to adjustment. The Funder LHIN will, at its sole discretion, and without liability or penalty, determine whether the Funding has been expended properly in accordance with this Agreement. (c) In determining the amount of a funding adjustment under section 5.1 (a) (4) or (5), the Funder LHIN shall take into account the following principles: (1) Resident care must not be compromised through a funding adjustment arising from a breach of this Agreement; (2) the HSP should not gain from a breach of this Agreement; (3) if the breach reduces the value of the Services, the funding adjustment should be at least equal to the reduction in value; and (4) the funding adjustment should be sufficient to encourage subsequent compliance with this Agreement, and such other principles as may be articulated in Applicable Law or Applicable Policy from time to time.

Adjustment of Funding. (a) The Funder LHIN may adjust the Funding in any of the following circumstances: (1) in the event of changes to Applicable Law or Applicable Policy that affect Funding; (2) on a change to the Services; (3) if required by either the Director or the Minister under the Act; (4) in the event that a breach of this Agreement is not remedied to the satisfaction of the FunderLHIN; and (5) as otherwise permitted by this Agreement.. LONG-TERM CARE HOME SERVICE ACCOUNTABILITY AGREEMENT APRIL 1, 2019 — MARCH 31, 2022 (b) Funding recoveries or adjustments required pursuant to section 5.1(a) may be accomplished through the adjustment of Funding, requiring the repayment of Funding, through the adjustment of the amount of any future funding installments, or through both. Approved Funding already expended properly in accordance with this Agreement will not be subject to adjustment. The Funder LHIN will, at its sole discretion, and without liability or penalty, determine whether the Funding has been expended properly in accordance with this Agreement. (c) In determining the amount of a funding adjustment under section 5.1 (a) (4) or (5), the Funder LHIN shall take into account the following principles: (1) Resident care must not be compromised through a funding adjustment arising from a breach of this Agreement; (2) the HSP should not gain from a breach of this Agreement; (3) if the breach reduces the value of the Services, the funding adjustment should be at least equal to the reduction in value; and (4) the funding adjustment should be sufficient to encourage subsequent compliance with this Agreement, and such other principles as may be articulated in Applicable Law or Applicable Policy from time to time.

Adjustment of Funding. (a) The Funder LHIN may adjust the Funding in any of the following circumstances: (1i) in the event of changes to Applicable Law or Applicable Policy that affect Funding; (2ii) on a change to the Services; (3iii) if required by either the Director or the Minister under the Act; (4iv) in the event that a breach of this Agreement is not remedied to the satisfaction of the FunderLHIN; and (5v) as otherwise permitted by this Agreement. (b) Funding recoveries or adjustments required pursuant to section 5.1(a) may be accomplished through the adjustment of Funding, requiring the repayment of Funding, Funding and/or through the adjustment of the amount of any future funding installments, or through both. Approved Funding already expended properly in accordance with this Agreement will not be subject to adjustment. The Funder LHIN will, at its sole discretion, and without liability or penalty, determine whether the Funding has been expended properly in accordance with this Agreement. (c) In determining the amount of a funding adjustment under section 5.1 (a) (4iv) or (5v), the Funder LHIN shall take into account the following principles: (1i) Resident resident care must not be compromised through a funding adjustment arising from a breach of this Agreement; (2ii) the HSP should not gain from a breach of this Agreement; (3iii) if the breach reduces the value of the Services, the funding adjustment should be at least equal to the reduction in value; and (4iv) the funding adjustment should be sufficient to encourage subsequent compliance with this Agreement, ; and such other principles as may be articulated in Applicable Law or Applicable Policy from time to time.

Adjustment of Funding. (a) The Funder LHIN may adjust the Funding in any of the following circumstances: (1) in the event of changes to Applicable Law or Applicable Policy that affect Funding; (2) on a change to the Services; (3) if required by either the Director or the Minister under the Act; (4) in the event that a breach of this Agreement is not remedied to the satisfaction of the FunderLHIN; and (5) as otherwise permitted by this Agreement. (b) Funding recoveries or adjustments required pursuant to section 5.1(a) may be accomplished through beaccomplishedthrough the adjustment of Funding, requiring the repayment of Funding, through the adjustment of the amount of any future funding installments, or through both. Approved Funding already expended properly in accordance with this Agreement will accordancewiththis Agreementwill not be subject to adjustment. The Funder LHIN will, at its sole discretion, and without liability or penalty, determine whether the Funding has been expended properly in accordance with this Agreement. (c) In determining the amount of a funding afunding adjustment under section 5.1 (a) (4) or (5), the Funder LHIN shall take into account the following thefollowing principles: (1) Resident care must not be compromised through a funding adjustment arising from a breach of this Agreement; (2) the HSP should not gain from a breach of this Agreement; (3) if the breach reduces the value of the Services, the funding adjustment should be at least equal to the reduction in value; and (4) the funding adjustment should be sufficient to encourage subsequent compliance with this Agreement, and such other principles as may be articulated in Applicable Law or Applicable Policy from time to time.

Adjustment of Funding. (a) The Funder LHIN may adjust the Funding in any of the following circumstances: (1) in the event of changes to Applicable Law or Applicable Policy that affect Funding; (2) on a change to the Services; (3) if required by either the Director or the Minister under the Act; (4) in the event that a breach of this Agreement is not remedied to the satisfaction of the FunderLHIN; and (5) as otherwise permitted by this Agreement. (b) Funding recoveries or adjustments required pursuant to section 5.1(a) may be accomplished through beaccomplishedthrough the adjustment of Funding, requiring the repayment of Funding, through the adjustment of the amount of any future funding installments, or through both. Approved Funding already expended properly in accordance with accordancewith this Agreement will Agreementwill not be subject to adjustment. The Funder LHIN will, at its sole discretion, and without liability or penalty, determine whether the Funding has been expended properly in accordance with this Agreement. (c) In determining the amount of a funding adjustment under section 5.1 (a) (4) or (5), the Funder LHIN shall take into account the following principles: (1) Resident care must not be compromised through a funding adjustment arising from a breach of this Agreement; (2) the HSP should not gain from a breach of this Agreement; (3) if the breach reduces the value of the Services, the funding adjustment should be at least equal to the reduction in value; and (4) the funding adjustment should be sufficient to encourage subsequent compliance with this Agreement, and such other principles as may be articulated in Applicable Law or Applicable Policy from time to time.

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