Factors Beyond the HSP’s Control Clause Samples
The "Factors Beyond the HSP’s Control" clause defines circumstances under which the Healthcare Service Provider (HSP) is not held liable for failing to meet contractual obligations due to events outside its reasonable control. This typically includes situations such as natural disasters, government actions, or other unforeseen events that prevent the HSP from delivering services as agreed. By specifying these exceptions, the clause protects the HSP from breach of contract claims when disruptions are caused by external factors, ensuring fairness and clarifying the allocation of risk between the parties.
Factors Beyond the HSP’s Control. Despite the foregoing, if the Funder, acting reasonably, determines that the Performance Factor is, in whole or in part, a Factor Beyond the HSP’s Control:
(a) the Funder will collaborate with the HSP to develop and implement a mutually agreed upon joint response plan which may include an amendment of the HSP’s obligations under this Agreement;
(b) the Funder will not require the HSP to prepare an Improvement Plan; and
(c) the failure to meet an obligation under this Agreement will not be considered a breach of this Agreement to the extent that failure is caused by a Factor Beyond the HSP’s Control.
Factors Beyond the HSP’s Control. Despite the foregoing, if the LHIN, acting reasonably, determines that the Performance Factor is, in whole or in part, a Factor Beyond the HSP’s Control:
(a) the LHIN will collaborate with the HSP to develop and implement a mutually agreed upon joint response plan which may include an amendment of the HSP’s obligations under this Agreement;
(b) the LHIN will not require the HSP to prepare an Improvement Plan; and
(c) the failure to meet an obligation under this Agreement will not be considered a breach of this Agreement to the extent that failure is caused by a Factor Beyond the HSP’s Control.