Failure to comply with the after-care treatment plan or a posi¬tive specimen as part of the after-care treatment plan will result in discipline pursuant to Article 27. All alcohol/drug treatment agreements including pre-care, after- care and return to work agreements entered into shall be confidential and signed by the employee and the SAP overseeing the treatment program and must have been approved by the Local Union business agent prior to the employee’s signature. The post-care agreement shall comply with all provisions of this Article. The Employer agrees to recognize the employee’s rights to xxxxx¬cy and confidentiality while being party to such an agreement. The Employer agrees that in all circumstances the employee’s dignity will be considered and all necessary steps taken to insure that the entire process does nothing to demean, embarrass or offend the employee unnecessarily.
Failure to comply with final judgement
Failure to comply with. Binding Expert's Award Notwithstanding any preconditions to arbitration set forth in Clause 21.3, if a Party fails to comply with an Expert's decision that has become final and binding pursuant to sub-clause 21.2.5, the other Party shall have the right to immediately refer the matter to final arbitration in accordance with Clause 21.3.
Failure to comply with. FEDERAL LAWS AND REGULATIONS Failure of HMO to comply with the federal requirements for Medicaid, including but not limited to, federal law regarding misrepresentation, or fraud, or abuse; and, by incorporation, Medicare standards, requirements, or prohibitions, is a default of this contract. The following events are defaults under this contract pursuant to 42 USC Sections 1396b(m)(5), 1396u-2(e)(1)(A):
16.3.4.1 HMO's substantial failure to provide medically nary items and services that are required under this contract be provided to Members;
16.3.4.2 HMO's imposition of premiums or charges on Members in excess of the premiums or charges permitted by federal law;
16.3.4.3 HMO's acting to discriminate among Members on the basis of their health status or requirements for health care services, including expulsion or refusal to enroll an 123 Dallas Service Area Contract 130 individual, except as permitted by federal law, or engaging in any practice that would reasonably be expected to have the effect of denying or discouraging enrollment with HMO by eligible individuals whose medical condition or history indicates a need for substantial future medical services;
16.3.4.4 HMO's misrepresentation or falsification of information that is furnished to HCFA, TDH, a Member, a potential Member, or a health care provider;
16.3.4.5 HMO's failure to comply with the physician incentive requirements under 42 USC Section 1396b(m)(2)(A)(x); or
16.3.4.6 HMO's distribution, either directly or through any agent or independent contractor, or marketing materials that contain false or misleading information, excluding materials prior approved by TDH.
Failure to comply with. Amended Section 2.1.
Failure to comply with a Notice to Remedy served in accordance with Clause
Failure to comply with this article shall cause the teacher's salary to be reduced to the minimum for their category of teacher education. Upon receipt of proof or evidence of having applied for the same, payment shall be made commencing the month following submission.
Failure to comply with the provisions of this Agreement and its Annexes and the Notice and its Annexes will result in the application of the penalties provided for in this Agreement, and in the other legal and regulatory provisions of ANTT.
Failure to comply with a Drawdown Notice
(a) If:
(i) a Limited Partner fails to advance to the Partnership the amount of Commitment required to be paid by such Limited Partner in a Drawdown Notice by the due date set out in the Drawdown Notice for such payment, and
(ii) the Limited Partner fails, at the written request served by the General Partner, by the end of the expiry of a period of [fourteen (14)] days from the due date set out in the Drawdown Notice, to remedy such default by advancing the required outstanding amount and to pay interest to the Partnership on the outstanding amount from the due date set out in the Drawdown Notice up to the payment of the outstanding amount at a rate of [twelve per cent (12%)] per annum,
(iii) the General Partner shall have, without prejudice to any other rights it or the Partnership may have (and so that interest as set out above shall continue to accrue after such period of fourteen (14) days), at any time after the expiry of such period of fourteen (14) days right to do any of the following:
(A) to offer the whole or part of the Partnership interest of the defaulting Limited Partner to such person as the General Partner shall determine, provided, however, that such person is not a public entity or corporate body or another entity having received more than fifty per cent (50%) of its funding from public sources (the "Purchaser"), for such price(s) as may be determined by the General Partner (acting in the interest of the Partnership and the non-defaulting Partners). The General Partner shall be constituted the agent for the sale of the defaulting Limited Partner’s interest and each of the Limited Partners xxxxxx irrevocably appoints the General Partner as their true and lawful attorney to execute any documents required in connection with such transfer if they shall become a defaulting Limited Partner and each such Limited Partner undertakes to ratify whatever the General Partner shall lawfully do pursuant to such power of attorney and to keep the General Partner indemnified against any claims, costs and expenses which the General Partner may suffer as a result thereof. The receipt by the General Partner or Partnership of the sale proceeds shall constitute a good and valid discharge to the Purchaser of the defaulting Limited Partner’s interest in the Partnership. The Purchaser shall, on completion of the transfer, be treated as a Substitute Limited Partner; or
(B) subject to Limited Partner Advisory Committee consent, to take any action ...
Failure to comply with. The Section 5(c)(i)
