Common use of Amendment of Appendix and/or Agreement Clause in Contracts

Amendment of Appendix and/or Agreement. If this Appendix is amended due to changes required to conform the Agreement to requirements for TennCare as described in Section 1 of this Appendix, Provider agrees that Subcontractor shall be permitted to unilaterally amend the Agreement for such regulatory requirements. TennCare reserves the right to direct Subcontractor to modify this Appendix when TennCare determines it to be in the best interest of the State of Tennessee. The Agreement may be amended by Subcontractor furnishing the Provider with notice of the proposed amendment and allowing at least thirty (30) calendar days for Provider to give notice of rejection. If Provider either accepts such amendment or fails to respond in writing within thirty (30) calendar days of receiving the proposed amendment, the amendment shall be deemed accepted by Provider and shall become effective, and therefore binding on the Provider, upon the earlier of the Provider's written acceptance or the expiration of such thirty (30) day period. If Provider notifies Subcontractor in writing within thirty (30) days of receiving the proposed amendment that Provider does not accept the proposed amendment, such amendment shall not take effect and Subcontractor shall have the right to elect either: (1) to have the Agreement remain in effect in accordance with its terms without the proposed amendment, (2) to engage in negotiations so the parties can mutually resolve the Provider's objection to the proposed amendment, or (3) to terminate the Agreement by giving written notice thirty (30) days prior to the effective date of termination. All notifications by either party must be documented (e.g., certified mail, facsimile, hand-delivered receipt, etc).

Amendment of Appendix and/or Agreement. If this Appendix is amended due to changes required to conform the Agreement to requirements for TennCare as described in Section 1 of this Appendix, Provider agrees that Subcontractor shall be permitted to unilaterally amend the Agreement for such regulatory requirements. TennCare reserves the right to direct Subcontractor to modify this Appendix when TennCare determines it to be in the best interest of the State of Tennessee. The Agreement may be amended by Subcontractor furnishing the Provider with notice of the proposed amendment and allowing at least thirty (30) calendar days for Provider to give notice of rejection. If Provider either accepts such amendment or fails to respond in writing within thirty (30) calendar days of receiving the proposed amendment, the amendment shall be deemed accepted by Provider and shall become effective, and therefore binding on the Provider, upon the earlier of the Provider's written acceptance or the expiration of such thirty (30) day period. If Provider notifies Subcontractor in writing within thirty (30) days of receiving the proposed amendment that Provider does not accept the proposed amendment, such amendment shall not take effect and Subcontractor shall have the right to elect either: (1) to have the Agreement remain in effect in accordance with its terms without the proposed amendment, (2) to engage in negotiations so the parties can mutually resolve the Provider's objection to the proposed amendment, or (3) to terminate the Agreement by giving written notice thirty (30) days prior to the effective date of termination. All notifications by either party must be documented (e.g., certified mail, facsimile, hand-delivered receipt, etc.).