DEFAULT AND REMEDIES under PIan Compliance Program. REMEDIES AVAILABLE TO THE ADMINISTRATION UNDER THE PLAN COMPLIANCE PROGRAM FOR INSURER'S DEFAULTS All of the listed remedies below may be exercised by the ADMINISTRATION and are in addition to all other remedies available to the ADMINISTRATION under this contract, by law or in equity, are joint and several, and may be exercised concurrently or consecutively. Exercise of any remedy in whole or in part does not limit the ADMINISTRATION in exercising all or part of any remaining remedies. Any particular default listed under subparagraph (a) to Q) below (which is not intended to be exhaustive) may be subject, when applicable, to any one or more of the following remedies: - Terminate the contract if the applicable conditions set forth in Section 10.1 are met; - Suspend payment to INSURER; - Recommend to CMS that sanctions be taken against INSURER as set out in Section 10.7; - Remove the EPSDT's component from the capitation paid to INSURER if the benchmarks(s) missed is for EPSDT's; - Assess civil monetary penalties as set out in section 10.8; and/or - Withhold premium payment.
