Defendant Sample Clauses

Defendant shall make a good faith effort to issue a final decision on Xx. Xxxxx’x claim, if appropriate, as soon as practicable.

Defendant. I have read this plea agreement and carefully reviewed every part of it with my attorney. I understand it, and I voluntarily agree to it. Further, I have consulted with my attorney and fully understand my rights with respect to the provisions of the Sentencing Guidelines that may apply to my case. No other promises or inducements have been made to me, other than those contained in this plea

Defendant. Case No. 5:21-mj-00011-JLT I, Xxxxxxx Xxxxxx (defendant), agree to follow every order of this court, or any court that considers this case, and I further agree that this bond may be forfeited if I fail:

Defendant. “Defendant” means BMW NA, as well as its predecessors, successors, assigns, parents, affiliates, directors, officers, agents, attorneys, representatives, and employees.

Defendant. (1) will promptly notify Respondent of any Claim and permit Respondent, using agreed counsel, to answer and defend; (2) at Respondent’s reasonable request and expense, will assist in the defense and provide non-confidential information; and (3) at its expense, may participate in the defense with separate counsel. Respondent is not responsible for settlements it does not consent to and will not settle Claims under this Section 17 without Defendant’s consent (with both parties’ consent not unreasonably withheld). Neither party will stipulate, acknowledge, or admit fault or liability on the other’s part without the other’s prior, written consent. Respondent will not publicize any settlement without Defendant’s prior written consent.

Defendant. “Defendant” refers to Costco Wholesale Corporation.

Defendant a) Has implemented and substantially complied with the processes, timelines, and action steps laid out in the Amended Implementation Plan.

Defendant a) Has met and sustained the Final Benchmarks for a period of one year after the Final Benchmark Date, and the Independent Monitor has confirmed that, for one year, the Relevant Services have been provided in a timely manner, in substantial conformance with the service descriptions set out in Appendix A. In determining compliance with the Final Benchmarks required as Exit Criteria, the Parties, in consultation with the Monitor, will determine appropriate timely access standards for the Relevant Services that account for the urgency of need for each Relevant Service as well as the Network Adequacy time and distance standards required in 42 CFR Sections 438.68 and 438.206 of federal Medicaid Managed Care regulations. b) Concurrently with the timeline for proposing Interim Benchmarks under Paragraph 29, the Parties will establish Final Benchmarks to be met by the Final Benchmark Date. The final benchmarks will be set at a level that provides reasonable assurance that the Relevant Services are being sufficiently provided to the population of Medicaid- eligible children for whom such services are medically-necessary, and are being provided timely and with the required intensity. The proposed Final Benchmarks will be subject to the approval of the Independent Monitor. The Monitor shall not unreasonably withhold approval. c) Final Benchmark Date means, for each Relevant Service, the date the Parties have agreed the Defendant will meet the Final Benchmarks Exit Criteria. The Final Benchmark date will be determined concurrently with identification of the Final Benchmarks, and will be no later than December 31, 2031. d) Final Penetration Benchmark means, for each category of Relevant Services (ICC, IHCTS, MCIS, and Waiver), the percent of eligible Class Members targeted to be receiving the services by the Final Benchmark Date. The Final Benchmark for IHCTS includes Class Members receiving any IHCTS and is not limited to Class Members receiving the minimum number of units under subsection (e).

Defendant. X DEFERRED PROSECUTION AGREEMENT Cr. No. 20-539 (ENV)

Defendant a) Has developed and is using a Quality Improvement and Accountability plan. b) Is operating a quality assurance system consistent with the Quality Improvement and Accountability plan. c) Measures and reports quarterly on a public data dashboard(s) statewide performance related to the provision of Relevant Services to Class Members, including the number of Class Members who are identified, screened, assessed, and receive or are denied the Relevant Services, and reflecting utilization of the Relevant Services by geographic location, managed care plan, and children’s race/ethnicity and age, child welfare involvement, and special education involvement.