Common use of CONTRACTOR’S FAILURE TO COMPLY Clause in Contracts

CONTRACTOR’S FAILURE TO COMPLY. Should the Contractor at any time: 1) refuse or neglect to supply adequate and competent supervision; 2) refuse or fail to provide sufficient and properly skilled personnel, equipment, or materials of the proper quality or quantity; 3) fail to provide the services in accordance with the timeframes, schedule or dates set forth in this Contract; or 4) fail in the performance of any term or condition contained in this Contract, DCH may (in addition to any other contractual, legal or equitable remedies) proceed to take any one or more of the following actions after five (5) Calendar Days written notice to the Contractor: · Withhold any monies then or next due to the Contractor; · Obtain the services or their equivalent from a third party, pay the third party for same, and Withhold the amount so paid to third party from any money then or thereafter due to the Contractor; or · Withhold monies in the amount of any damage caused by any deficiency or delay in the services.

Appears in 4 contracts

Samples: Business Associate Agreement (Wellcare Health Plans, Inc.), Business Associate Agreement (Centene Corp), Business Associate Agreement (Centene Corp)

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CONTRACTOR’S FAILURE TO COMPLY. Should the Contractor at any time: 1) refuse or neglect to supply adequate and competent supervision; 2) refuse or fail to provide sufficient and properly skilled personnel, equipment, or materials of the proper quality or quantity; 3) fail to provide the services in accordance with the timeframes, schedule or dates set forth in this Contract; or 4) fail in the performance of any term or condition contained in this Contract, DCH may (in addition to any other contractual, legal or equitable remedies) proceed to take any one or more of the following actions after five (5) Calendar Days written notice to the Contractor: · Withhold any monies then or next due to the Contractor; · Obtain the services or their equivalent from a third party, pay the third party for same, and Withhold the amount so paid to third party from any money then or thereafter due to the Contractor; or · Withhold monies in the amount of any damage caused by any deficiency or delay in the services.

Appears in 1 contract

Samples: Business Associate Agreement

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CONTRACTOR’S FAILURE TO COMPLY. Should the Contractor at any time: 1) refuse or neglect to supply adequate and competent supervision; 2) refuse or fail to provide sufficient and properly skilled personnel, equipment, or materials of the proper quality or quantity; 3) fail to provide the services in accordance with the timeframes, schedule or dates set forth in this Contract; or 4) fail in the performance of any term or condition contained in this Contract, DCH may (in addition to any other contractual, legal or equitable remedies) proceed to take any one or more of the following actions after five (5) Calendar Days written notice to the Contractor: · Withhold any monies then or next due to the Contractor; · Obtain the services or their equivalent from a third party, pay the third party for same, and Withhold the amount so paid to third party from any money then or thereafter due to the Contractor; or · Withhold monies in the amount of any damage caused by any deficiency or delay in the services.

Appears in 1 contract

Samples: Business Associate Agreement (Wellcare Health Plans, Inc.)

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