Common use of Factors Beyond the Hospital’s Control Clause in Contracts

Factors Beyond the Hospital’s Control. If the LHIN, acting reasonably, determines that the Performance Factor is, in whole or in part, a Factor Beyond the Hospital’s Control: (i) the LHIN will collaborate with the Hospital to develop and implement a mutually agreed upon joint response plan which may include an amendment of the Hospital’s obligations under this Agreement; (ii) the LHIN will not require the Hospital to prepare an Improvement Plan; and (iii) the failure to meet an obligation under this Agreement will not be considered a breach of the Agreement for the purposes of paragraph 5 of subsection 24(1) of the CFMA, to the extent that failure is caused by a Factor Beyond the Hospital’s Control.

Factors Beyond the Hospital’s Control. If the LHINMOHLTC, acting reasonably, determines that the Performance Factor is, in whole or in part, a Factor Beyond the Hospital’s Control: (i) the LHIN The MOHLTC will collaborate with the Hospital to develop and implement a mutually agreed upon joint response plan which may include an amendment of the Hospital’s obligations under this Agreement; (ii) the LHIN MOHLTC will not require the Hospital to prepare an Improvement Plan; and (iii) the failure to meet an obligation under this Agreement will not be considered a breach of the Agreement for the purposes of paragraph 5 of subsection 24(1) of the CFMA, to the extent that failure is caused by a Factor Beyond the Hospital’s Control.