Common use of Definitions of Breach Clause in Contracts

Definitions of Breach. A. Conditions and circumstances that shall constitute a material breach by Contractor shall include but not be limited to the following: 1. Willful failure of Contractor to operate the 9-1-1 emergency ambulance services with advanced life support (ALS) and basic life support (BLS) transport system in a manner which enables MVEMSA or Contractor to remain in substantial compliance with the requirements of the applicable Federal, State, and County laws, rules, and regulations. Individual minor infractions of such requirements shall not constitute a material breach, but such willful and repeated material breaches shall constitute a material breach; 2. Willful falsification of data supplied to MVEMSA by Contractor during the course of operations, including by way of example but not by way of exclusion, dispatch data, patient report data, Response Time data, financial data, or falsification of any other data required under Agreement; 3. Willful failure by Contractor to maintain equipment in accordance with good maintenance practices; 4. Deliberate and unauthorized scaling down of operations to the detriment of performance by Contractor during a "lame duck" period; 5. Willful attempts by Contractor to intimidate or otherwise punish employees who desire to sign contingent employment contracts with competing Proposers during a subsequent proposal cycle; 6. Willful attempts by Contractor to intimidate or punish employees who participate in protected concerted activities, or who form or join any professional associations; 7. Chronic and persistent failure of Contractor's employees to conduct themselves in a professional and courteous manner, or to present a professional appearance; 8. Willful failure of Contractor to comply with approved rate setting, billing, and collection procedures; 9. Repeated failure of Contractor to meet Response Time requirements after receiving notice of non-compliance from the MVEMSA Executive Director; 10. Repeated failure of Contractor to pay liquidated damages to MVEMSA on or before the 30th day after receipt of the invoice; 11. Failure to employ Key Personnel or suitable replacement(s) approved by and performing to the satisfaction of the MVEMSA Executive Director and/or MVEMSA Medical Director at any time during the course of this Agreement term; 12. Failure of Contractor to provide and maintain the required insurance as described in Exhibit 6; 13. Repeated failure to provide data and/or reports generated in the course of operations, including, but not limited to, dispatch data, patient care data, Response Time data, or financial data, within the time periods specified; 14. Any failure of performance, clinical or other, which is reasonably determined by the MVEMSA Executive Director and confirmed by the MVEMSA Medical Director to constitute an endangerment to public health and safety; or 15. Failure of Contractor to comply with the vehicle lease provisions, if applicable.

Definitions of Breach. A. Conditions and circumstances that shall constitute a material breach by Contractor shall include but not be limited to the following: 1. : Willful failure of Contractor to operate the 9-1-1 emergency ambulance services with advanced life support (ALS) and basic life support (BLS) transport 911 Ambulance Services system in a manner which enables MVEMSA County or Contractor to remain in substantial compliance with the requirements of the applicable Federal, State, and County laws, rules, and regulations. Individual minor infractions of such requirements shall not constitute a material breach, breach but such willful and repeated material breaches shall constitute a material breach; 2. ; Willful falsification of data supplied to MVEMSA County by Contractor during the course of operations, including by way of example but not by way of exclusion, dispatch data, patient report data, Response Time response time data, financial data, or falsification of any other data required under Agreement; 3. contract; Willful failure by Contractor to maintain equipment in accordance with good maintenance practices; 4. ; Deliberate and unauthorized scaling down of operations to the detriment of performance by Contractor during a "lame duck" period; 5. ; Willful attempts by Contractor to intimidate or otherwise punish employees who desire to sign contingent employment contracts with competing Proposers Bidders during a subsequent proposal cycle; 6. ; Willful attempts by Contractor to intimidate or punish employees who participate in protected concerted activities, or who form or join any professional associations; 7. ; Chronic and persistent failure of Contractor's employees to conduct themselves in a professional and courteous manner, or to present a professional appearance; 8. ; Willful failure of Contractor to comply with approved rate setting, billing, and collection procedures; 9. ; Repeated failure of Contractor to meet Response Time response time requirements after receiving notice of non-compliance from the MVEMSA Executive EMS Director; 10. ; Repeated failure of Contractor to pay liquidated damages to MVEMSA the EMS Agency on or before the 30th day after receipt of the invoice; 11. ; Failure to continuously employ Key Personnel or suitable replacement(s) approved by and performing to the satisfaction of the MVEMSA Executive EMS Director and/or MVEMSA EMS Medical Director at any time during the course of this Agreement term; 12. ; Failure of Contractor to provide and maintain the required insurance as described in Exhibit 6; 13. E, and the performance security bond; Repeated failure to provide data and/or reports generated in the course of operations, including, but not limited to, dispatch data, patient care data, Response Time response time data, or financial data, within the time periods specified; 14. ; Any failure of performance, clinical or other, which is reasonably determined by the MVEMSA Executive EMS Director and confirmed by the MVEMSA EMS Medical Director to constitute an endangerment to public health and safety; or 15. Failure of Contractor to comply with the vehicle lease provisions, if applicable.

Definitions of Breach. A. Conditions and circumstances that shall constitute a material breach by Contractor shall include but not be limited to the following: 1. Willful failure of Contractor to operate the 9-1-1 emergency ambulance services with advanced life support (ALS) and basic life support (BLS) transport system in a manner which enables MVEMSA or Contractor to remain in substantial compliance with the requirements of the applicable Federal, State, and County laws, rules, and regulations. Individual minor infractions of such requirements shall not constitute a material breach, but such willful and repeated material breaches shall constitute a material breach; 2. Willful falsification of data supplied to MVEMSA by Contractor during the course of operations, including by way of example but not by way of exclusion, dispatch data, patient report data, Response Time data, financial data, or falsification of any other data required under Agreement; 3. Willful failure by Contractor to maintain equipment in accordance with good maintenance practices; 4. Deliberate and unauthorized scaling down of operations to the detriment of performance by Contractor during a "lame duck" period; 5. Willful attempts by Contractor to intimidate or otherwise punish employees who desire to sign contingent employment contracts with competing Proposers during a subsequent proposal cycle; 6. Willful attempts by Contractor to intimidate or punish employees who participate in protected concerted activities, or who form or join any professional associations; 7. Chronic and persistent failure of Contractor's employees to conduct themselves in a professional and courteous manner, or to present a professional appearance; 8. Willful failure of Contractor to comply with approved rate setting, billing, and collection procedures; 9. Repeated failure of Contractor to meet Response Time requirements after receiving notice of non-compliance from the MVEMSA Executive Director; 10. Repeated failure of Contractor to pay liquidated damages to MVEMSA on or before the 30th day after receipt of the invoice; 11. Failure to employ Key Personnel or suitable replacement(s) approved by and performing to the satisfaction of the MVEMSA Executive Director and/or MVEMSA Medical Director at any time during the course of this Agreement term; 12. Failure of Contractor to provide and maintain the required insurance as described in Exhibit 65; 13. Repeated failure to provide data and/or reports generated in the course of operations, including, but not limited to, dispatch data, patient care data, Response Time data, or financial data, within the time periods specified; 14. Any failure of performance, clinical or other, which is reasonably determined by the MVEMSA Executive Director and confirmed by the MVEMSA Medical Director to constitute an endangerment to public health and safety; or 15. Failure of Contractor to comply with the vehicle lease provisions, if applicable.

Definitions of Breach. A. Conditions and circumstances that shall constitute a “material breach breach” by Contractor shall include but not be limited to the following: 1. Willful failure of Contractor to operate the 9-1-1 emergency ambulance services with advanced life support (ALS) and basic life support (BLS) transport system in a manner which enables MVEMSA or Contractor to remain in substantial compliance with the requirements of the applicable Federal, State, and County laws, rules, and regulations. Individual minor infractions of such requirements shall not constitute a material breach, but such willful and repeated material breaches shall constitute a material breach; 2. Willful falsification of data supplied to MVEMSA by Contractor during the course of operations, including by way of example but not by way of exclusion, dispatch data, patient report data, Response Time data, financial data, or falsification of any other data required under Agreement; 3. Willful failure by Contractor to maintain equipment in accordance with good maintenance practices; 4. Deliberate and unauthorized scaling down of operations to the detriment of performance by Contractor during a "lame duck" period; 5. Willful attempts by Contractor to intimidate or otherwise punish non-management employees who desire to sign contingent employment contracts with competing Proposers during a subsequent proposal cycle; 6. Willful attempts by Contractor to intimidate or punish employees who participate in protected concerted activities, or who form or join any professional associations; 7. Chronic and persistent failure of Contractor's employees to conduct themselves in a professional and courteous manner, or to present a professional appearance; 8. Willful failure of Contractor to comply with approved rate setting, billing, and collection procedures; 9. Repeated failure of Contractor to meet Response Time requirements after receiving notice of non-compliance from the MVEMSA Executive Director; 10. Repeated failure of Contractor to pay liquidated damages to MVEMSA on or before the 30th day after receipt of the invoice; 11. Failure to employ Key Personnel or suitable replacement(s) approved by and performing to the satisfaction of the MVEMSA Executive Director and/or MVEMSA Medical Director at any time during the course of this Agreement term; 12. Failure of Contractor to provide and maintain the required insurance as described in Exhibit 6; 13. Repeated failure to provide data and/or reports generated in the course of operations, including, but not limited to, dispatch data, patient care data, Response Time data, or financial data, within the time periods specified; 14. Any failure of performance, clinical or other, which is reasonably determined by the MVEMSA Executive Director and confirmed by the MVEMSA Medical Director to constitute an endangerment to public health and safety; or 15. Failure of Contractor to comply with the vehicle lease provisions, if applicable.