Common use of General Remedies and Sanctions Clause in Contracts

General Remedies and Sanctions. 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. The Department may impose one or more remedies or sanctions for each item of noncompliance and shall determine remedies or sanctions on a case-by-case 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: Terminate this Contract by informing the Contractor of the termination no less than 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 Immediate Termination section of this Article. The notice of termination 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 Texas Government Code Chapter 2105 regarding administration of Block Grants. Contractor shall not make any claim for payment for services provided from the effective date of termination; Suspend all or part of this Contract by notifying that the Contractor that DSHS is temporarily discontinue performance of all or a part of the Contract, 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 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

Appears in 2 contracts

Samples: www.dshs.texas.gov, www.dshs.state.tx.us

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General Remedies and Sanctions. 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. The Department may impose one or more remedies or sanctions for each item of noncompliance and shall determine remedies or sanctions on a case-by-case 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: Terminate this Contract by informing the Contractor of the termination no less than 30 thirty 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 Immediate Termination section of this Article. The notice of termination 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 Texas Government Code Chapter 2105 regarding administration of Block Grants. Contractor shall not make any claim for payment for services provided from the effective date of termination; Suspend all or part of this Contract by notifying that the Contractor that DSHS is temporarily discontinue performance of all or a part of the Contract, 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 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

Appears in 1 contract

Samples: dshs.state.tx.us

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General Remedies and Sanctions. 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. The Department may impose one or more remedies or sanctions for each item of noncompliance and shall determine remedies or sanctions on a case-by-case basis 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: Terminate this Contract by informing the Contractor of the termination no less than 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 Immediate Termination section of this Article. The notice of termination 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 Texas Government Code Chapter 2105 regarding administration of Block Grants. Contractor shall not make any claim for payment for services provided from the effective date of termination; Suspend all or part of this Contract by notifying that the Contractor that DSHS is temporarily discontinue performance of all or a part of the Contract, 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 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

Appears in 1 contract

Samples: www.dshs.state.tx.us

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