Exclusion for Material Breach Sample Clauses

Exclusion for Material Breach. ‌ 1. Definition of Material Breach. A material breach of this CIA means:
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Exclusion for Material Breach. ‌‌‌ 1. 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;‌
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Exclusion for Material Breach. ‌ 1. 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 Biotronik under this CIA;‌ h. failure to pay Stipulated Penalties within 20 days after an ALJ issues a decision ordering Biotronik 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.‌
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Exclusion for Material Breach of this CIA ------------------------------------------ 1. Definition of Material Breach. A material breach of this CIA means: a. a failure by Rotech to report a material deficiency, take corrective action and make the appropriate refunds, as required in section III.H; Rotech Corporate Integrity Agreement 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 retain and use an Independent Review Organization in accordance with section III.D; or e. a failure to perform an Acquisition Compliance Assessment as required in section III.E.
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Exclusion for Material Breach of this CIA‌ 1. Definition of Material Breach. A material breach of this CIA means: 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;‌ b. a failure by UHealth to report a Reportable Event, take corrective action, or make the appropriate refunds, as required in Section III.J;‌ 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.D, Appendix A, or Appendix B.‌ 2. Notice of Material Breach and Intent to Exclude. The parties agree‌ that a material breach of this CIA by UHealth constitutes an independent basis for UHealth’s exclusion from participation in the Federal health care programs. The length of the exclusion shall be in the OIG’s discretion, but not more than five years per material breach. Upon a determination by OIG that UHealth has materially breached this CIA and that exclusion is the appropriate remedy, OIG shall notify UHealth of: (a) UHealth’s material breach; and (b) OIG’s intent to exercise its contractual right to impose exclusion. (This notification shall be referred to as the “Notice of Material Breach and Intent to Exclude.”)
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Exclusion for Material Breach. ‌ 1. 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;‌
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Exclusion for Material Breach. ‌ 1. Definition of Material Breach. A material breach of this IA 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;‌ c. failure to comply with Section III.E;‌ d. failure to comply with Section III.I;‌ e. failure to comply with Section V;‌ f. failure to respond to a Demand Letter for Stipulated Penalties in accordance with Section X.C;‌ g. a false statement or false certification made to OIG by or on behalf of DOCS under this IA;‌
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Exclusion for Material Breach 
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Related to Exclusion for Material Breach

  • Material Breach A material breach for purposes of this Agreement shall include, but not be limited to: (a) Failure to timely furnish the documents described in Section 6 or the information requested by GO-Biz or the FTB relating to Taxpayer’s compliance with this Agreement. (b) Material misstatements in any information provided to GO-Biz as part of the application process and/or after this Agreement is signed. (c) Failure to materially satisfy applicable Milestones as set forth in Exhibit A, materiality of which shall be determined by GO-Biz, by the end of the last taxable year identified in Exhibit A. (d) Failure to maintain one or more Milestones for a minimum of three (3) subsequent taxable years after achieving the Milestone(s).

  • Data Breach In the event of an unauthorized release, disclosure or acquisition of Student Data that compromises the security, confidentiality or integrity of the Student Data maintained by the Provider the Provider shall provide notification to LEA within seventy-two (72) hours of confirmation of the incident, unless notification within this time limit would disrupt investigation of the incident by law enforcement. In such an event, notification shall be made within a reasonable time after the incident. Provider shall follow the following process: (1) The security breach notification described above shall include, at a minimum, the following information to the extent known by the Provider and as it becomes available: i. The name and contact information of the reporting LEA subject to this section. ii. A list of the types of personal information that were or are reasonably believed to have been the subject of a breach. iii. If the information is possible to determine at the time the notice is provided, then either (1) the date of the breach, (2) the estimated date of the breach, or (3) the date range within which the breach occurred. The notification shall also include the date of the notice. iv. Whether the notification was delayed as a result of a law enforcement investigation, if that information is possible to determine at the time the notice is provided; and v. A general description of the breach incident, if that information is possible to determine at the time the notice is provided. (2) Provider agrees to adhere to all federal and state requirements with respect to a data breach related to the Student Data, including, when appropriate or required, the required responsibilities and procedures for notification and mitigation of any such data breach. (3) Provider further acknowledges and agrees to have a written incident response plan that reflects best practices and is consistent with industry standards and federal and state law for responding to a data breach, breach of security, privacy incident or unauthorized acquisition or use of Student Data or any portion thereof, including personally identifiable information and agrees to provide XXX, upon request, with a summary of said written incident response plan. (4) LEA shall provide notice and facts surrounding the breach to the affected students, parents or guardians. (5) In the event of a breach originating from XXX’s use of the Service, Provider shall cooperate with XXX to the extent necessary to expeditiously secure Student Data.

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