Effect of Breach of Obligations. If the Employee breaches any obligation described in this Agreement and such breach occurs before a Change in Control or before the Employee has Terminated, this Agreement will terminate as of the date of the breach, even if the fact of the breach becomes apparent at a later date.
Effect of Breach of Obligations. If the Executive breaches any obligation described in this Agreement: [1] If that breach occurs before a Change in Control, this Agreement will terminate as of the date of the breach, even if the fact of the breach becomes apparent at a later date;
Effect of Breach of Obligations. If a Member breaches any obligation described in this Section 4.00 or the Plan:
(1) Before the Member has Terminated, the Member will forfeit all benefits under this Plan; or
(2) After the Member Terminates, the Member will repay any amounts previously paid to the Member under this Plan plus interest calculated at the prime interest rate quoted in the Wall Street Journal, or any successor to it, over the period beginning on the date of payment and ending on the date of repayment.
Effect of Breach of Obligations. (a) If Subcontractor breaches any of its obligations under this Agreement, said breach shall also be considered a breach of its obligations under any other agreements between the Parties hereto. In the event of a breach of this Agreement by Subcontractor , Business Associate shall have the option to do the following:
(i) Provide Subcontractor an opportunity to cure the breach, to the extent curable, and end the violation within a reasonable time specified by Business Associate. If Subcontractor does not cure the breach or end the violation as and within the time specified by Business Associate, or if the breach is not curable, Business Associate may terminate its obligations to Subcontractor , including, but not limited to, its future payment obligations and obligations to provide information, materials, equipment or resources to Subcontractor ; or
(ii) Immediately terminate this Agreement and any other agreements between the Parties, if Business Associate reasonably determines that Subcontractor
(i) has acted with gross negligence in performing its obligations; (ii) is in violation of the law; (iii) willfully has violated or is violating the privacy and security provisions of this Agreement; (iv) is unable to provide, if requested, written assurances to Business Associate of its ability to protect the confidentiality and security of PHI; or (v) is unable to comply with its obligations under this Agreement. Such termination of this Agreement and any other agreements between the Parties shall be without prejudice to other legal remedies available to Business Associate.
(b) Business Associate may also report the violation to the Secretary, and shall report the violation if neither termination nor cure is feasible.
Effect of Breach of Obligations. If Provider Partner breaches any of its obligations, Covered Entity shall have the option to do the following:
(a) Cure. Provide Provider Partner an opportunity to cure the breach, to the extent curable, and end the violation within a reasonable time specified by Covered Entity. If Provider Partner does not cure the breach or end the violation as and within the time specified by Covered Entity, or if the breach is not curable, Covered Entity may terminate its obligations to Provider Partner, including, but not limited to, its future payment obligations and obligations to provide information, materials, equipment or resources to Provider Partner; or
Effect of Breach of Obligations. If the Employee breaches any obligation described in this Agreement: [1] If that breach occurs before a Change in Control, this Agreement will terminate as of the date of the breach, even if the fact of the breach becomes apparent at a later date and no amount will be due under this Agreement;
[2] If that breach occurs after a Change in Control but before the Employee has Terminated, this Agreement will terminate as of the date of the breach, even if the fact of the breach becomes apparent at a later date and no amounts will be due under this Agreement; or
[3] If that breach occurs after a Change in Control and after the Employee Terminates, [a] the Corporation will be entitled to the remedies described in Section 7.00 and [b] Employee will repay the portion of the Employee Benefit Payment received in exchange for the post-termination commitment breached plus interest calculated with reference to the mid-term applicable federal rate [as defined in Code Section 1274(d)] for January 1 of each calendar year, compounded annually until paid.
Effect of Breach of Obligations. (a) Should Business Associate breach any of its obligations herein, Covered Entity will have the option to do any of the following:
(i) Provide Business Associate an opportunity to cure the breach, to the extent curable, and end the violation within a reasonable time specified by Covered Entity. If Business Associate does not cure the breach or end the violation as specified by Covered Entity, or if the breach is not curable, Covered Entity may terminate its obligations to Business Associate, including, but not limited to, its future payment obligations and obligations to provide information, materials, equipment or resources to Business Associate; or
(ii) Immediately terminate the Agreement, if Covered Entity reasonably determines that Business Associate (i) has acted with gross negligence in performing its obligations herein; (ii) is in violation of the law; (iii) willfully violates the privacy and security provisions of this Exhibit; or (iv) is unable to provide, if requested, written assurances to Covered Entity of its ability to protect the confidentiality and security of the Facility Data, Such termination of the Agreement shall be without prejudice to other legal remedies available to Covered Entity.
(b) Covered Entity may also report the violation to the Secretary.
Effect of Breach of Obligations. (a) Should Subcontractor breach any of its obligations herein, Business Associate shall have the option to either:
(i) Provide Subcontractor an opportunity to cure the breach and end the violation within the time specified by Business Associate. If Subcontractor does not cure the breach or end the violation as specified by Business Associate, Business Associate may immediately terminate this Agreement, without prejudice to other legal remedies available to Business Associate.
(ii) If neither termination nor cure is feasible, Business Associate may report the violation to the Secretary.
(b) Separate and apart from any action the Business Associate may take in the event of a breach, Subcontractor understands that the Secretary, or the Department of Justice, may impose civil or criminal penalties directly against a Subcontractor for failure to comply with the HIPAA requirements and standards (under 42 USC §1320d-5) or for wrongful disclosure of individually identifiable health information (under 42 USC§1320d-6), as required by Sections 13401(c) and 13404(c) of The Act.
Effect of Breach of Obligations. If Business Associate breaches any of its obligations, Covered Entity shall have the option to do the following:
(a) Cure. Provide Business Associate an opportunity to cure the breach, to the extent curable, and end the violation within a reasonable time specified by Covered Entity. If Business Associate does not cure the breach or end the violation as and within the time specified by Covered Entity, or if the breach is not curable, Covered Entity may terminate its obligations to Business Associate, including, but not limited to, its future payment obligations and obligations to provide information, materials, equipment or resources to Business Associate;
Effect of Breach of Obligations. Notwithstanding the foregoing provisions of this Section 4, if XxXxxxx breaches his obligations under the Confidentiality Agreement, Sections 7, 8 and 10 of the Employment Agreement, and/or this Agreement at any time, from and after the date of such breach, (x) XxXxxxx will no longer be entitled to, and the Company will no longer be obligated to pay, any remaining unpaid portion of any benefits provided in this Section 4, and (y) XxXxxxx will no longer be entitled to, and the Company will no longer be obligated to make available to XxXxxxx or his spouse or dependents any group health, life or other similar insurance plans or any payment in respect of such plans; provided, however, that in no event shall XxXxxxx be entitled to benefits pursuant to this Section 4 of not more than $5,000, which amount the parties agree is good and adequate consideration, in and of itself, for XxXxxxx’x release contemplated in this Agreement.
