Definition of Material Breach. A material breach of this CIA a. repeated violations or a flagrant violation of any of the obligations under this CIA, including, but not limited to, the obligations addressed in Section X.A;
Definition of Material Breach. A material breach of this IA means:
a. a failure by Qamar to report a Reportable Event, take corrective action, or make the appropriate refunds, as required in Section III.G;
b. repeated violations or a flagrant violation of any of the obligations under this IA, including, but not limited to, the obligations addressed in Section X.A;
c. a failure to respond to a Demand Letter concerning the payment of Stipulated Penalties in accordance with Section X.C; or d. a failure to engage and use an IRO in accordance with Section III.C, Appendix A, or Appendix B.
Definition of Material Breach. A material breach of this CIA means:
a. failure to comply with any of the requirements of this CIA for which OIG has previously issued a demand for Stipulated Penalties under X.C, unless such Stipulated Penalty was overturned by an ALJ upon appeal pursuant to the procedures described in Section X.E below;
b. failure to comply with Section III.A.1;
c. failure to comply with Section III.D;
d. failure to comply with Section III.E; e. failure to comply with Section III.J; f. failure to comply with Section V; g. failure to respond to a Demand Letter in accordance with Section X.C.;
Definition of Material Breach. A material breach of this CIA means:
a. failure to comply with any of the requirements of this CIA for which OIG has previously issued a demand for Stipulated Penalties under Section X.C, unless such Stipulated Penalty was overturned by an ALJ on appeal pursuant to the procedures described in Section X.E below;
b. failure to comply with Section III.A.1;
c. failure to comply with Section III.D;
d. failure to comply with Section III.I;
e. failure to comply with Section V; f. failure to respond to a Demand Letter in accordance with Section X.C; g. a false statement or false certification made to OIG by or on behalf of Lincare under this CIA;
Definition of Material Breach. A material breach of this IA means:
a. failure to comply with any of the requirements of this IA for which OIG has previously issued a demand for Stipulated Penalties under Section X.C, unless such Stipulated Penalty was overturned by an ALJ on appeal pursuant to the procedures described in Section X.E below;
b. failure to comply with Section III.C;
Definition of Material Breach. A material breach of this CIA means:
a. a failure by PALMS to report a Reportable Event, take corrective action and make the appropriate refunds, as required in Section III.I;
b. a repeated or flagrant violation of the obligations under this CIA, including, but not limited to, the obligations addressed in Section X.A;
c. a failure to respond to a Demand Letter concerning the payment of Stipulated Penalties in accordance with Section X.C; or
d. a failure to engage and use an IRO in accordance with Section III.E, Appendix A, and Appendix B.
Definition of Material Breach. A material breach of this CIA means:
a. failure to comply with any of the requirements of this CIA for which OIG has previously issued a demand for Stipulated Penalties under Section X.C, unless such Stipulated Penalty was overturned by an ALJ on appeal pursuant to the procedures described in Section X.E below;
b. failure to comply with Section III.A.1;
c. failure to comply with Section III.D;
d. failure to comply with Section III.I;
e. failure to comply with Section V;
f. failure to respond to a Demand Letter in accordance with Section X.C;
g. a false statement or false certification made to OIG by or on behalf of SV/TC under this CIA;
h. failure to pay Stipulated Penalties within 20 days after an ALJ issues a decision ordering SV/TC to pay the Stipulated Penalties or within 20 days after the HHS Departmental Appeals Board (DAB) issues a decision upholding the determination of OIG; or
i. failure to come into compliance with a requirement of this CIA for which OIG has demanded Stipulated Penalties, pursuant to the deadlines listed in Section X.E.2.
Definition of Material Breach. A material breach of this CIA
a. a failure by KDMC to report a Reportable Event, take corrective action, and make the appropriate refunds, as required in Section III.K;
b. a repeated or flagrant violation of the obligations under this CIA, including, but not limited to, the obligations addressed in Section X.A;
c. a failure to respond to a Demand Letter concerning the payment of Stipulated Penalties in accordance with Section X.C;
d. a failure to engage and use a Peer Review Consultant in accordance with Section III.D;
e. a failure to engage and use the Physician Executive(s) in accordance with Section III.A;
f. a failure to engage and use a Medical Director of the Cardiac Catheterization Laboratory in accordance with Section III.A; or g. a failure to engage and use an IRO in accordance with Section III.E, Appendix A, Appendix B, and Appendix C.
Definition of Material Breach. It shall be determined on a case-by-case basis if a breach constitutes a material breach, except that the following events shall always be deemed to be a material breach:
i) Failure to “Correct errors in the Software” within reasonable time, provided that the error is material, as set out in clause 7.1;
ii) Failure to “Defend and remove claims of infringement” or provide an effective workaround within reasonable time if such infringement materially prevents use of the Main Software, as set out in clause 9.4; and
iii) Failure to pay Licensor in accordance with a payment deadline as set out in clause 10.2, if we are not able to remedy such failure within reasonable time.
Definition of Material Breach. A material breach of this CIA means:
a. a failure by Boston Scientific to report a Rcportablc Event and take corrective action as required in Section III.I;
b. a repeated or flagrant violation of the obligations under this CIA, including, but not limited to, the obligations addressed in Section X.A;
c. a failure to respond to a Demand Letter concerning the payment of Stipulated Penalties in accordance with Section X.C; d. a failure to engage and use an IRO in accordance with Section III.E; or e. a failure of the Board Committee to issue a resolution in accordance with Section III.A.3.
