AMENDMENT, EXTENSION, AND MODIFICATION Clause Samples

AMENDMENT, EXTENSION, AND MODIFICATION. A. The contract may be amended, extended, or modified by written contract duly executed by the Director and the contractor. Any such amendment, extension or modification shall be in writing and executed by the parties hereto. It is mutually understood and agreed that no amendment of the terms of the contract shall be valid unless reduced to writing and executed by the parties hereto, and that no oral understandings, representations or contracts not incorporated herein nor any oral alteration or variations of the terms hereof, shall be binding on the parties hereto. Every such amendment, extension, or modification shall specify the date its provisions shall be effective as agreed to by the Department and the contractor. Any amendment, extension, or modification is not effective or binding unless approved, in writing, by duly authorized officials of DHS, HCFA, and any other entity, as required by law or regulation. B. This contract may be extended for successive twelve (12) month periods beyond the original term of the contract whenever the Division supplies the contractor with at least ninety (90) days advance notice of such intent and if a written amendment to extend the contract is obtained from both parties. This successive twelve (12) month period shall be known as an "extension period" of the contract. In addition, ninety (90) days prior to the contract expiration, the Director shall provide the contractor with the proposed capitation rates for the extension period. C. In the event that the capitation rates for the extension period are not provided ninety (90) days prior to the contract expiration, the contract will be extended at the existing rate which shall be an interim rate. After the execution of the succeeding rate amendment, a retroactive rate adjustment will be made to bring the interim rate to the level established by that amendment. D. The contractor shall begin providing services to all populations covered under this contract on October 1, 2000. The State shall pay the contractor the capitation rates set forth in Appendix C, except for the following premium groups: 1. DDD With Medicare 2. DDD Without Medicare (ABD) 3. DDD Without Medicare (non-ABD) 4. AIDS - ABD With Medicare 5. AIDS & DDD - ABD With Medicare 6. AFDC - AIDS 7. AFDC - AIDS & DDD 8. Blind/Disabled With Medicare, < 45 M & F 9. Blind/Disabled With Medicare, 45+ M & F For those enrollees who are members of the contractor's plan as of October 1, 2000 and who are subsequently iden...