Intervention. If the Commission finds deficiencies in the School's performance or legal compliance, the Commission and the School shall follow the Intervention Protocol attached as Exhibit D. Intervention may be initiated when the Commission finds that the School has failed to:
(a) Comply with applicable laws, rules, policies, or procedures;
(b) Comply with the terms and conditions of this Contract; or
(c) Meet performance expectations as set forth in the Performance Frameworks. Failure to invoke the Intervention Protocol shall not be (i) construed as a waiver or relinquishment of any requirement under applicable laws, rules, policies, procedures, contractual terms and conditions, or performance expectations; or (ii) deemed a necessary precedent to non-renewal or revocation.
Intervention. The Plans, their Controlled Affiliates, and BCBSA, to the extent subject to MMDR pursuant to their License Agreements, shall have the right to move to intervene in any pending Arbitration. A written motion for intervention shall be made to: (i) the Administrator, if the proceeding is in Arbitration, but no Arbitration Panel has been selected; or (ii) the Arbitration Panel, if the proceeding is in Arbitration and the Arbitration Panel has been selected. The written motion for intervention shall be delivered to the BCBSA Corporate Secretary (which shall also constitute service on the BCBSA if it is a respondent) and to any Plan(s) and/or Controlled Affiliate(s) which are parties to the proceeding. Any party to the proceeding can submit written objections to the motion to intervene. The motion for intervention shall be granted upon good cause shown. Intervention also may be allowed by stipulation of the parties to the Arbitration proceeding. Intervention shall be allowed upon such terms as the Arbitration Panel decides.
Intervention. The SCSB will establish and make known to the Governing Board, consistent with USBE rule,27the general conditions that may trigger a “Notice of Concern,” “Letter of Warning,” or “Probation,” as provided below. The SCSB will provide to the Governing Board clear, adequate, evidence-based, and timely notice of law, rule, regulation, or Charter Agreement violations, or performance deficiencies and allow the Governing Board reasonable time and opportunity for remediation in non- emergency situations. Where intervention is needed, the SCSB will engage in intervention strategies that preserve Governing Board autonomy and responsibility (i.e., identifying what the school must remedy without prescribing solutions), but may take additional action as the circumstances, and exigencies dictate.
Intervention. Consistent with any oversight practices set out in the Charter School Performance Framework, the School District shall follow a progressive system of notification and calls for corrective action on the part of the Charter School. Any complaints or concerns received by the School District about the Charter School or its operation including but not limited to complaints filed with the Office for Civil Rights, the Nevada Attorney General’s Office, and Equal Employment Opportunity Commission, shall be forwarded promptly by the School District to the Charter School. The Charter School shall promptly forward to the School District any formal complaints or concerns received by the Charter School filed with or from the Office for Civil Rights, the Nevada Attorney General’s Office, Equal Employment Opportunity Commission, and/or formal grievances filed by any party with the Charter Governing Body. Such forwarding of complaints or concerns shall not relieve Charter School of the responsibility of resolving the complaints or concerns. The Charter School shall defend, indemnify, and hold harmless the School District for any costs, attorney fees, and/or financial penalties imposed on the School District by state and/or federal authorities due to actions or omissions of the Charter School relative to regulatory compliance. To the extent that concerns or complaints received by the School District about the Charter School may trigger School District intervention, including termination or non-renewal of the Agreement, the School District may monitor the Charter School’s handling of such concerns or complaints. In such cases, the School District may request and the Charter School shall provide information regarding the Charter School’s actions in responding to those concerns or complaints.
Intervention. Consistent with any oversight practices set out in the Monitoring Plan, the Sponsor shall follow a progressive system of notification and calls for corrective action on the part of the Charter School.
Intervention. A Member State, the Secretary-General or a resident of a Member State who is not a party to a case before the Court may with leave of the Court, intervene in that case, but the submissions of the intervening party shall be limited to evidence supporting or opposing the arguments of a party to the case.
Intervention. HMO must require, through contract provisions, that all medically necessary health and behavioral health care services contained in the Member's IFSP are provided to the Member in amount, duration and scope established by the IFSP. Medical necessity for health and behavioral health care services is determined by the interdisciplinary team as approved by the Member's PCP. HMO cannot modify the plan of care or alter the amount, duration and scope of services required by the Member's IFSP. HMO cannot create unnecessary barriers for the Member to obtain IFSP services, including requiring prior authorization for the ECI assessment and insufficient authorization periods for prior authorized services.
Intervention. If any part of PSINet's fiber, POP-to-POP Interconnect Facilities or Equipment is not placed and maintained in accordance with the terms and conditions of this Agreement and PSINet fails to correct the violation within thirty days from receipt of written notice thereof from IXC, then IXC may, at its option, without further notice to PSINet, correct the deficiency at PSINet's expense without liability for damages to the fiber, POP-to-POP Interconnect Facilities or Equipment or for any interruption of PSINet's services. As soon as practicable thereafter, IXC shall advise PSINet in writing of the work performed or the action taken. PSINet shall reimburse IXC for all expenses incurred by IXC associated with any work or action performed by IXC pursuant hereto. PSINet shall remit payment to IXC within thirty days from its receipt of IXC's invoice therefor.
Intervention. Penn reserves the right to intervene at Penn’s expense and join Company in any litigation, action or proceeding under Section 8.2, provided that Company retains sole control of the same subject to reasonable consultation with Penn. If Penn elects to participate in any such litigation, action or proceeding, then, clause (a) of Section 8.2 shall be replaced with the following “first, applied to reimburse Company and Penn for their respective related expenditures (and if such recoveries are inadequate to reimburse the parties in full, then on a pro rata basis in proportion with their respective shares of the aggregate related expenditures),”.
Intervention. The arbitrator may permit any Member to intervene in the proceeding upon the filing of a timely application which demonstrates that the Member has a direct interest that will be materially affected by the decision of the arbitrator and that it will not be represented adequately by an existing party to the proceeding. Any Member seeking to intervene in a dispute shall indicate in its intervention papers whether it believes that it should be aligned with either the plaintiff side or the defendant side of the dispute. Any party to the dispute may challenge such proposed alignment. The arbitrator shall determine the actual alignment of the parties to a dispute based upon the comparability of the specific positions advanced by each party concerning the issues involved in the dispute.
