Common use of Administrative remedies Clause in Contracts

Administrative remedies. (1) At its discretion, HHSC may impose one or more of the following remedies for each item of noncompliance and will determine the scope and severity of the remedy on a case-by-case basis: (A) Assess liquidated damages in accordance with the terms of the Agreement if provided in the Agreement; (B) Conduct accelerated monitoring of the CONTRACTOR. Accelerated monitoring includes more frequent or more extensive monitoring by HHSC or its agent; (C) Require additional, more detailed, financial or programmatic reports to be submitted by CONTRACTOR; (D) Decline to renew or extend the Agreement; (E) Withhold or recoup payment for the noncompliant Service or Deliverable; or (F) Terminate the Agreement in accordance with Section 11.03. (2) For purposes of the Agreement, an item of noncompliance means a specific action of CONTRACTOR that: (A) Violates a provision of the Agreement; (B) Fails to meet an agreed measure of performance; or (C) Represents a failure of CONTRACTOR to be reasonably responsive to a reasonable request of HHSC relating to the Services and Deliverables for information, assistance, or support within the timeframe specified by HHSC. (3) HHSC will provide notice to CONTRACTOR of the imposition of an administrative remedy in accordance with this Section, with the exception of accelerated monitoring, which may be unannounced. HHSC may require CONTRACTOR to file a written response as part of the Tailored Remedy approach. (4) The Parties agree that a State or Federal statute, rule, regulation, or Federal guideline will prevail over the provisions of this Section unless the statute, rule, regulation, or guidelines can be read together with this Section to give effect to both.

Administrative remedies. (1) At its discretion, HHSC may impose one or more of the following remedies for each item of noncompliance and will determine the scope and severity of the remedy on a case-by-case basis: (A) Assess liquidated damages in accordance with the terms of the Agreement if provided in the this Agreement; (B) Conduct accelerated monitoring of the CONTRACTOR. Accelerated monitoring includes more frequent or more extensive monitoring by HHSC or its agent; (C) Require additional, more detailed, financial or and/or programmatic reports to be submitted by CONTRACTOR; (D) Decline to renew or extend the Agreement; (E) Withhold or recoup payment for the noncompliant Service or Deliverable; or (FE) Terminate the Agreement in accordance with Section 11.03. (2) For purposes of the Agreement, an item of noncompliance means a specific action of CONTRACTOR that: (A) Violates a provision of the Agreement; (B) Fails to meet an agreed measure of performance; or (C) Represents a failure of CONTRACTOR to be reasonably responsive to a reasonable request of HHSC relating to the Services and Deliverables for information, assistance, or support within the timeframe specified by HHSC. (3) HHSC will provide notice to CONTRACTOR of the imposition of an administrative remedy in accordance with this Section, with the exception of accelerated monitoring, which may be unannounced. HHSC may require CONTRACTOR to file a written response as part of the Tailored Remedy approachin accordance with this Section. (4) The Parties agree that a State or Federal statute, rule, regulation, or Federal guideline will prevail over the provisions of this Section unless the statute, rule, regulation, or guidelines can be read together with this Section to give effect to both.

Administrative remedies. (1) At its discretion, HHSC may impose one or more of the following remedies for each item of noncompliance and will determine the scope and severity of the remedy on a case-by-case basis: (A) Assess liquidated damages in accordance with the terms of the Agreement if provided in the this Agreement; (B) Conduct accelerated monitoring of the CONTRACTOR. Accelerated monitoring includes more frequent or more extensive monitoring by HHSC or its agent; (C) Require additional, more detailed, financial or and/or programmatic reports to be submitted by CONTRACTOR; (D) Decline to renew or extend the Agreement; (E) Withhold or recoup payment for the noncompliant Service or Deliverable; or (FE) Terminate the Agreement in accordance with Section 11.03. (2) For purposes of the Agreement, an item of noncompliance means a specific action of CONTRACTOR that: 4.1 Subject: HHSC Uniform Contract Terms & Conditions (A) Violates a provision of the Agreement; (B) Fails to meet an agreed measure of performance; or (C) Represents a failure of CONTRACTOR to be reasonably responsive to a reasonable request of HHSC relating to the Services and Deliverables for information, assistance, or support within the timeframe specified by HHSC. (3) HHSC will provide notice to CONTRACTOR of the imposition of an administrative remedy in accordance with this Section, with the exception of accelerated monitoring, which may be unannounced. HHSC may require CONTRACTOR to file a written response as part of the Tailored Remedy approachin accordance with this Section. (4) The Parties agree that a State or Federal statute, rule, regulation, or Federal guideline will prevail over the provisions of this Section unless the statute, rule, regulation, or guidelines can be read together with this Section to give effect to both.