Common use of General Remedies and Sanctions Clause in Contracts

General Remedies and Sanctions. The Department will monitor Contractor for both programmatic and financial compliance. The remedies and sanctions in this section are available to the Department against Contractor and any entity that subcontracts with Contractor for provision of services or goods. HHSC OIG may investigate, audit and impose or recommend imposition of remedies or sanctions to Department for any breach of this Contract and may monitor Contractor for financial compliance. The Department may impose one or more remedies or sanctions for each item of noncompliance and will determine remedies or sanctions on a case-by-case basis. Contractor is responsible for complying with all of the terms of this Contract. The listing of or use of one or more of the remedies or sanctions in this section does not relieve Contractor of any obligations under this Contract. A state or federal statute, rule or regulation, or federal guideline will prevail over the provisions of this Article unless the statute, rule, regulation, or guideline can be read together with the provision(s) of this Article to give effect to both. If Contractor breaches this Contract by failing to comply with one or more of the terms of this Contract, including but not limited to compliance with applicable statutes, rules or regulations, the Department may take one or more of the following actions: a) terminate this Contract or a Program Attachment of this Contract as it relates to a specific program type. In the case of termination, the Department will inform Contractor of the termination no less than thirty (30) calendar days before the effective date of the termination in a notice of termination, except for circumstances that require immediate termination as described in the Emergency Action section of this Article. The notice of termination will state the effective date of the termination, the reasons for the termination, and, if applicable, alert Contractor of the opportunity to request a hearing on the termination pursuant to Tex. Gov. Code Chapter 2105 regarding administration of Block Grants. Contractor shall not make any claim for payment or reimbursement for services provided from the effective date of termination; b) suspend all or part of this Contract. Suspension is an action taken by the Department in which the Contractor is notified to temporarily (1) discontinue performance of all or part of the Contract, and/or

General Remedies and Sanctions. The Department will monitor Contractor for both programmatic and financial compliance. The remedies and sanctions in this section are available to the Department against Contractor and any entity that subcontracts with Contractor for provision of services or goods. HHSC OIG may investigate, audit and impose or recommend imposition of remedies or sanctions to Department for any breach of this Contract and may monitor Contractor for financial complianceContract. The Department may impose one or more remedies or sanctions for each item of noncompliance and will shall determine remedies or sanctions on a case-by-case basis. Contractor is responsible for complying with all of the terms of this Contract. The listing of or use of one or more of the remedies or sanctions in this section does not relieve Contractor of any obligations under this Contract. A state or federal statute, rule or regulation, or federal guideline will prevail over the provisions of this Article unless the statute, rule, regulation, or guideline can be read together with the provision(s) of this Article to give effect to both. basis If Contractor breaches this Contract by failing to comply with one or more of the terms of this Contract, including but not limited to compliance with applicable statutes, rules or regulations, the Department may take one or more of the following actions: a) terminate : Terminate this Contract or a Program Attachment of this Contract as it relates to a specific program type. In by informing the case of termination, the Department will inform Contractor of the termination no less than thirty (30) 30 calendar days before the effective date of the termination in a notice of termination, except for circumstances that require immediate termination as described in the Emergency Action Immediate Termination section of this Article. The notice of termination will shall state the effective date of the termination, the reasons for the termination, and, if applicable, alert Contractor of the opportunity to request a hearing on the termination pursuant to Tex. Gov. Texas Government Code Chapter 2105 regarding administration of Block Grants. Contractor shall not make any claim for payment or reimbursement for services provided from the effective date of termination; b) suspend ; Suspend all or part of this Contract. Suspension is an action taken Contract by the Department in which notifying that the Contractor that DSHS is notified to temporarily (1) discontinue performance of all or a part of the Contract, and/oras of the effective date of the suspension pending DSHS’s determination to terminate, amend the Contract or permit the Contractor to resume performance. Contractor shall not bill DSHS for services performed during suspension, unless expressly authorized by the notice of suspension; Use as a basis to deny additional or enter into future contracts with Contractor; Temporarily withhold cash payments to Contractor for proper charges or pending resolution of issues of noncompliance with conditions of this Contract or indebtedness to the United States or to the State of Texas; Permanently withhold cash payments by retaining funds billed by Contractor for Undocumented, disputed, inaccurate, improper or erroneous xxxxxxxx; Material failure to comply with Contract provisions; or

General Remedies and Sanctions. The Department will monitor Contractor for both programmatic and financial compliance. The remedies and sanctions in this section are available to the Department against Contractor and any entity that subcontracts with Contractor for provision of services or goods. Additionally, HHSC OIG may investigate, audit and impose or recommend imposition of remedies or sanctions to Department for any breach of this Contract and may monitor Contractor for financial complianceContract. The Department may impose one or more remedies or sanctions for each item of noncompliance and will shall determine remedies or sanctions on a case-by-case basis. Contractor is responsible for complying with all of the terms of this Contract. The listing of or use of one or more of the remedies or sanctions in this section does not relieve Contractor of any obligations under this Contract. A state or federal statute, rule or regulation, or federal guideline will prevail over the provisions of this Article unless the statute, rule, regulation, or guideline can be read together with the provision(s) of this Article to give effect to both. If basis if Contractor breaches this Contract by failing to comply with one or more of the terms of this Contract, including but not limited to compliance with applicable statutes, rules or regulations, the Department may take one or more of the following actions: a) terminate a. Terminate this Contract or a Program Attachment by one of this Contract as it relates to a specific program typemeans provided in Article XVII. In the case of termination, the Department will inform Contractor of the termination no less than thirty (30) calendar days before the effective date of the termination in a notice of termination, except for circumstances that require immediate termination as described in the Emergency Action section of this Article. The notice of termination will state the effective date of the termination, the reasons for the termination, and, if If applicable, alert notify Contractor of the opportunity to request a hearing on the termination pursuant to Tex. Gov. Texas Government Code Chapter 2105 regarding administration of Block Grants. Contractor shall not make any claim for payment or reimbursement for services provided from the effective date of termination; b) suspend b. Suspend all or part of this Contract. Suspension is an action taken Contract by the Department in which notifying that the Contractor that DSHS is notified to temporarily (1) discontinue performance of all or a part of the Contract as provided for in Article XVII; as of the effective date of the suspension pending DSHS’s determination to terminate, amend the Contract or permit the Contractor to resume performance. Contractor shall not xxxx DSHS for services performed during suspension, unless expressly authorized by the notice of suspension; c. Use as a basis to deny additional or enter into future contracts with Contractor; d. Temporarily withhold cash payments to Contractor for proper charges or pending resolution of issues of noncompliance with conditions of this Contract or indebtedness to the United States or to the State of Texas; e. Permanently withhold cash payments by retaining funds billed by Contractor; f. Request that Contractor be removed from the Centralized Master Bidders List (CMBL) or any other state bid list, and barred from participating in future contracting opportunities with the State of Texas; g. Declare this Contract void upon the Department’s determination that this Contract was obtained Fraudulently, or was illegal or invalid from this Contract, and/or’s inception and demand repayment of any funds under this Contract;

General Remedies and Sanctions. The Department will monitor Contractor for both programmatic and financial compliance. The remedies and sanctions in this section set forth below are available to the Department against Contractor and any entity that subcontracts with Contractor for provision of services or goodsContractor. HHSC OIG may investigate, audit and impose or recommend imposition of remedies or sanctions to Department for any breach of this Contract and may monitor Contractor for financial complianceContract. The Department may impose one or more remedies or sanctions for each item of noncompliance and will determine remedies or sanctions on a case-by-by- case basis. Contractor is responsible for complying with all of the terms of this Contract. The listing of or use of one or more of the remedies or sanctions in this section listed below does not relieve Contractor of any obligations under this Contract. A state or federal statute, rule or regulation, or federal guideline will prevail over the provisions of this Article unless the statute, rule, regulation, or guideline can be read together with the provision(s) of this Article to give effect to both. If the Contractor breaches this Contract by failing to comply with one or more of the terms of this Contract, including but not limited to compliance with applicable statutes, rules or regulations, the Department may take one or more of the following actionsactions listed below: a) terminate this Contract or a Program Attachment of this Contract as it relates to a specific program type. In the case of termination, the Department will inform Contractor of the termination no less than thirty (30) calendar days before the effective date of the termination in a notice of termination, except for circumstances that require immediate termination as described in the Emergency Action section of this Article. The notice of termination will state the effective date of the termination, the reasons for the termination, and, if applicable, alert the Contractor of the opportunity to request a hearing on the termination pursuant to Tex. Gov. Code Code, Chapter 2105 2105, regarding administration of Block Grants. The Contractor agrees that Contractor shall not make any claim for payment or reimbursement for services provided from the effective date of termination; b) suspend all or part of this Contract. Suspension is an action taken by the Department to immediately exclude a person from participating in which contract transactions for a period of time, pending completion of an investigation and such legal or debarment proceedings as may ensue. Contractor may not bill DSHS for services performed during a suspension unless expressly authorized by the notice of suspension; c) deny additional or future contracts with Contractor; d) temporarily withhold cash payments. Temporarily withholding cash payments means the temporary withholding of payments to Contractor is notified for proper charges or obligations incurred, pending resolution of issues of noncompliance with conditions of this Contract or indebtedness to temporarily the United States or to the State of Texas; e) permanently withhold cash payments. Permanent withholding of cash payment means that Department retains funds billed by Contractor for (1) discontinue performance undocumented, disputed, inaccurate, improper, or erroneous xxxxxxxx; (2) material failure to comply with Contract provisions; or (3) indebtedness to the United States or to the State of all Texas; f) declare this Contract void upon the Department’s determination that this Contract was obtained fraudulently or part upon the Department’s determination that this Contract was illegal or invalid from this Contract’s inception and demand repayment of funds under this Contract; g) request that Contractor be removed from the Centralized Master Bidders List (CMBL) or any other state bid list, and barred from participating in future contracting opportunities with the State of Texas; h) delay contract execution of a new contract or contract renewal with Contractor while other imposed or proposed sanctions are pending resolution; i) demand repayment from Contractor; j) pursue a claim for damages as a result of breach of contract; k) require Contractor to prohibit any employee of Contractor from performing under this Contract or having direct contact with DSHS-funded clients if the employee has been indicted or convicted of illegal acts that are in contraindication to continued obligations under this Contract, and/oras reasonably determined by DSHS; l) withhold any payments to Contractor to satisfy any recoupment, liquidated damages, or any penalty (if the penalty is permitted by statute) and imposed by DSHS, and take repayment from funds available under this Contract in amounts necessary to fulfill Contractor’s payment or repayment obligations; m) reduce the Contract term; n) recoup improper payments when Contractor has been overpaid because of improper billing or accounting practices or failure to comply with Contract terms; o) assess liquidated damages; or p) impose other remedies or penalties permitted by statute.

General Remedies and Sanctions. The Department will monitor Contractor for both programmatic and financial compliance. The remedies and sanctions in this section set forth below are available to the Department against Contractor and any entity that subcontracts with Contractor for provision of services or goodsContractor. HHSC OIG may investigate, audit and impose or recommend imposition of remedies or sanctions to Department for any breach of this Contract and may monitor Contractor for financial compliance. The Department may impose one or more remedies or sanctions for each item of noncompliance and will determine remedies or sanctions on a case-by-case basis. Contractor is responsible for complying with all of the terms of this Contract. The listing of or use of one or more of the remedies or sanctions in this section listed below does not relieve Contractor of any obligations under this the Contract. A state or federal statute, rule or regulation, or federal guideline will prevail over the provisions of this Article unless the statute, rule, regulation, or guideline can be read together with the provision(s) of this Article to give effect to both. If the Contractor breaches this Contract by failing to comply with one or more of the terms of this Contract, including but not limited to compliance with applicable statutes, rules or regulations, the Department may take one or more of the following actionsactions listed below: a) terminate this the Contract or a Program Attachment of this the Contract as it relates to a specific program type. In the case of termination, the Department will inform Contractor of the termination no less than thirty thirty-one (3031) calendar days before the effective date of the termination in a notice of termination, except for circumstances that require immediate termination as described in the Emergency Action section of this Article. The notice of termination will state the effective date of the termination, the reasons for the termination, and, if applicable, alert the Contractor of the opportunity to request a hearing on the termination pursuant to TexTEX. Gov. Code Chapter GOV’T CODE ch. 2105 regarding administration of Block Grants. The Contractor agrees that Contractor shall not make any claim for payment or reimbursement for services provided from the effective date of termination; b) suspend all or part of this Contract. Suspension is is, depending on the context, either (1) the temporary withdrawal of Contractor’s authority to obligate funds pending corrective action by Contractor or pending a decision to terminate or amend the Contract, or (2) an action taken by a suspending official in accordance with Department rules to immediately exclude a person from participating in contract transactions for a period of time, pending completion of an investigation and such legal or debarment proceedings as may ensue. Contractor may not bill DSHS for services performed during a suspension unless expressly authorized by the notice of suspension; c) deny additional or future contracts or renewals with Contractor; d) temporarily withhold cash payments. Temporarily withholding cash payments means the temporary withholding of a working capital advance, if applicable, or reimbursements or payments to Contractor for proper charges or obligations incurred, pending resolution of issues of noncompliance with conditions of this Contract or indebtedness to the United States or to the State of Texas; e) permanently withhold cash payments. Permanent withholding of cash payment means that Department in which the retains funds billed by Contractor is notified to temporarily for (1) discontinue performance of all unallowable, undocumented, disputed, inaccurate, improper, or part of the Contract, and/orerroneous xxxxxxxx;

General Remedies and Sanctions. The Department will monitor Contractor for both programmatic and financial compliance. The remedies and sanctions in this section are available to the Department against Contractor and any entity that subcontracts with Contractor for provision of services or goods. HHSC OIG may investigate, audit and impose or recommend imposition of remedies or sanctions to Department for any breach of this Contract and may monitor Contractor for financial complianceContract. The Department may impose one or more remedies or sanctions for each item of noncompliance and will shall determine remedies or sanctions on a case-by-case basis. Contractor is responsible for complying with all of the terms of this Contract. The listing of or use of one or more of the remedies or sanctions in this section does not relieve Contractor of any obligations under this Contract. A state or federal statute, rule or regulation, or federal guideline will prevail over the provisions of this Article unless the statute, rule, regulation, or guideline can be read together with the provision(s) of this Article to give effect to both. basis If Contractor breaches this Contract by failing to comply with one or more of the terms of this Contract, including but not limited to compliance with applicable statutes, rules or regulations, the Department may take one or more of the following actions: a) terminate a. Terminate this Contract or a Program Attachment of this Contract as it relates to a specific program type. In by informing the case of termination, the Department will inform Contractor of the termination no less than thirty (30) calendar days before the effective date of the termination in a notice of termination, except for circumstances that require immediate termination as described in the Emergency Action Immediate Termination section of this Article. The notice of termination will shall state the effective date of the termination, the reasons for the termination, and, if applicable, alert Contractor of the opportunity to request a hearing on the termination pursuant to Tex. Gov. Texas Government Code Chapter 2105 regarding administration of Block Grants. Contractor shall not make any claim for payment or reimbursement for services provided from the effective date of termination; b) suspend b. Suspend all or part of this Contract. Suspension is an action taken Contract by the Department in which notifying that the Contractor that SYSTEM AGENCY is notified to temporarily (1) discontinue performance of all or a part of the Contract, and/oras of the effective date of the suspension pending SYSTEM AGENCY’s determination to terminate, amend the Contract or permit the Contractor to resume performance. Contractor shall not bill SYSTEM AGENCY for services performed during suspension, unless expressly authorized by the notice of suspension; c. Use as a basis to deny additional or enter into future contracts with Contractor; d. Temporarily withhold cash payments to Contractor for proper charges or pending resolution of issues of noncompliance with conditions of this Contract or indebtedness to the United States or to the State of Texas; e. Permanently withhold cash payments by retaining funds billed by Contractor for 1. Undocumented, disputed, inaccurate, improper or erroneous xxxxxxxx; 2. Material failure to comply with Contract provisions; or 3. Indebtedness to the United States or to the State of Texas; f. Declare this Contract void upon the Department’s determination that this Contract was obtained fraudulently or was illegal or invalid from this Contract’s inception and demand repayment of any funds under this Contract; g. Request that Contractor be removed from the Centralized Master Bidders List (CMBL) or any other state bid list, and barred from participating in future contracting opportunities with the State of Texas; x. Xxxxx execution of a new contract or renewal with Contractor while other imposed or proposed sanctions are pending resolution; i. Demand repayment from Contractor when it has been verified that Contractor has been overpaid for reasons such as payments are not supported by proper documentation or failure to comply with Contract terms; j. Pursue a claim for damages as a result of breach of contract; k. Require Contractor to prohibit any employee or volunteer of Contractor from performing under this Contract or having direct contact with SYSTEM AGENCY-funded clients or participant, if the employee or volunteer has been indicted or convicted of the misuse of state or federal funds, fraud or illegal acts that are in contraindication to continued obligations under this Contract, as reasonably determined by SYSTEM AGENCY; l. Withhold any payment to Contractor to satisfy any recoupment imposed by SYSTEM AGENCY and take repayment from funds available under this Contract in amounts necessary to fulfill Contractor’s payment or repayment obligations; m. Reduce the Contract term; and n. Recoup improper payments when Contractor has been overpaid for reasons such as payments are not supported by proper documentation, improper billing or failure to comply with Contract terms; and o. Impose other remedies, sanctions or penalties permitted by federal or state statute, law, regulation or rule.