Common use of LIABILITY AND FINANCIAL RISK Clause in Contracts

LIABILITY AND FINANCIAL RISK. A. All liability to third parties, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities to be carried out by the Payor in the performance of this Agreement shall be the responsibility of the Payor, and not the responsibility of the Provider, if the liability, loss, or damage is caused by, or arises out of, the actions or failure to act on the behalf of the Payor, its other subcontractors, and their officers, directors, employees and authorized representatives, provided that nothing herein shall be construed as a waiver of any governmental immunity that has been provided to the Payor or its officers and employees by statute or court decisions. B. All liability to third parties, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities to be carried out by the Provider in the performance of this Agreement shall be the responsibility of the Provider, and not the responsibility of Payor, if the liability, loss, or damage is caused by, or arises out of, the actions or failure to act on the behalf of the Provider, its other subcontractors, and their officers, directors, employees and authorized representatives, provided that nothing herein shall be construed as a waiver of any governmental immunity that has been provided to the Provider or its officers and employees by statute or court decisions. C. Each party to this Agreement must seek its own legal representative and bear its own costs including judgments in any litigation which may arise out of its activities to be carried out pursuant to its obligations hereunder. It is specifically understood and agreed that neither party will indemnify the other party in such litigation. D. In the event that liability to third parties, loss or damage arises as a result of activities conducted jointly by the parties hereto in fulfillment of their responsibilities under this Agreement, such liability, loss, or damage shall be borne by each party in relation to each party’s responsibilities under the joint activities, provided that nothing herein shall be construed as a waiver of any public or governmental immunity granted to any of the parties hereto as provided by applicable statutes and/or court decisions. E. Under this Agreement, it is the intent of the parties that each of them shall separately bear financial risk and thereto shall be separately responsible for covering financial shortfalls and/or losses pursuant to the duties and responsibilities of each party hereto. X. Xxxxxxxx to the MDHHS/PIHP Master Contract requirement that such contracts include a description of the PIHP’s oversight to assure that a Provider is managing the services and the risk within the funding assumptions, the Payor shall require the Provider hereunder to submit budgetary information prior to the commencement of a fiscal year and shall monitor on an ongoing basis the Provider’s financial reporting required hereunder in comparison with the Medicaid budgetary information and funding assumptions utilized by the PIHP hereunder. And, pursuant to the MDHHS/PIHP Master Contract requirement that such contracts include a description of the method of payment for Medicaid funds to be used by the PIHP and assumptions used that such payments to Provider are at a level that will meet the needs of beneficiaries residing in that county(ies), each of the parties to this Agreement shall monitor payments of Medicaid funding from the Payor to the Provider in comparison to the assumptions used for such PIHP payments methodology to said Provider to be at a level that meets the needs of beneficiaries residing in the county(ies) of that Provider. As specified in Subsection A of Section XIV: Consideration and Payment Procedures, this Agreement may be amended, with the mutual written consent of the parties hereto. Subcontract payment amounts of Medicaid from the Payor to the Provider may be increased or decreased with planned and/or unanticipated funding increases or decreases for the applicable fiscal year. G. Under the MDHHS/PIHP Master Contract, total liability of the MDHHS is limited to the terms and conditions of said MDHHS/PIHP Master Contract and the MDHHS assumes no responsibility or liability for costs incurred by the PIHP prior to the effective date of the current Master Contract.

LIABILITY AND FINANCIAL RISK. A. All liability to third parties, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities to be carried out by the Payor in the performance of this Agreement shall be the responsibility of the Payor, and not the responsibility of the Provider, if the liability, loss, or damage is caused by, or arises out of, the actions or failure to act on the behalf of the Payor, its other subcontractors, and their officers, directors, employees and authorized representatives, provided that nothing herein shall be construed as a waiver of any governmental immunity that has been provided to the Payor or its officers and employees by statute or court decisions. B. All liability to third parties, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities to be carried out by the Provider in the performance of this Agreement shall be the responsibility of the Provider, and not the responsibility of Payor, if the liability, loss, or damage is caused by, or arises out of, the actions or failure to act on the behalf of the Provider, its other subcontractors, and their officers, directors, employees and authorized representatives, provided that nothing herein shall be construed as a waiver of any governmental immunity that has been provided to the Provider or its officers and employees by statute or court decisions.waiver C. Each party to this Agreement must seek its own legal representative and bear its own costs including judgments in any litigation which may arise out of its activities to be carried out pursuant to its obligations hereunder. It is specifically understood and agreed that neither party will indemnify the other party in such litigation. D. In the event that liability to third parties, loss or damage arises as a result of activities conducted jointly by the parties hereto in fulfillment of their responsibilities under this Agreement, such liability, loss, or damage shall be borne by each party in relation to each party’s responsibilities under the joint activities, provided that nothing herein shall be construed as a waiver of any public or governmental immunity granted to any of the parties hereto as provided by applicable statutes and/or court decisions. E. Under this Agreement, it is the intent of the parties that each of them shall separately bear financial risk and thereto shall be separately responsible for covering financial shortfalls and/or losses pursuant to the duties and responsibilities of each party hereto. X. Xxxxxxxx F. Pursuant to the MDHHS/PIHP Master Contract requirement that such contracts include a description of the PIHP’s oversight to assure that a Provider is managing the services and the risk within the funding assumptions, the Payor shall require the Provider hereunder to submit budgetary information prior to the commencement of a fiscal year and shall monitor on an ongoing basis the Provider’s financial reporting required hereunder in comparison with the Medicaid budgetary information and funding assumptions utilized by the PIHP hereunder. And, pursuant to the MDHHS/PIHP Master Contract requirement that such contracts include a description of the method of payment for Medicaid funds to be used by the PIHP and assumptions used that such payments to Provider are at a level that will meet the needs of beneficiaries residing in that county(ies), each of the parties to this Agreement shall monitor payments of Medicaid funding from the Payor to the Provider in comparison to the assumptions used for such PIHP payments methodology to said Provider to be at a level that meets the needs of beneficiaries residing in the county(ies) of that Provider. As specified in Subsection A of Section XIV: Consideration and Payment Procedures, this Agreement may be amended, with the mutual written consent of the parties hereto. Subcontract payment amounts of Medicaid from the Payor to the Provider may be increased or decreased with planned and/or unanticipated funding increases or decreases for the applicable fiscal year. G. Under the MDHHS/PIHP Master Contract, total liability of the MDHHS is limited to the terms and conditions of said MDHHS/PIHP Master Contract and the MDHHS assumes no responsibility or liability for costs incurred by the PIHP prior to the effective date of the current Master Contract.

LIABILITY AND FINANCIAL RISK. A. All liability to third parties, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities to be carried out by the Payor in the performance of this Agreement shall be the responsibility of the Payor, and not the responsibility of the Provider, if the liability, loss, or damage is caused by, or arises out of, the actions or failure to act on the behalf of the Payor, its other subcontractors, and their officers, directors, employees and authorized representatives, provided that nothing herein shall be construed as a waiver of any governmental immunity that has been provided to the Payor or its officers and employees by statute or court decisions. B. All liability to third parties, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities to be carried out by the Provider in the performance of this Agreement shall be the responsibility of the Provider, and not the responsibility of Payor, if the liability, loss, or damage is caused by, or arises out of, the actions or failure to act on the behalf of the Provider, its other subcontractors, and their officers, directors, employees and authorized representatives, provided that nothing herein shall be construed as a waiver of any governmental immunity that has been provided to the Provider or its officers and employees by statute or court decisions. C. Each party to this Agreement must seek its own legal representative and bear its own costs including judgments in any litigation which may arise out of its activities to be carried out pursuant to its obligations hereunder. It is specifically understood and agreed that neither party will indemnify the other party in such litigation. D. In the event that liability to third parties, loss or damage arises as a result of activities conducted jointly by the parties hereto in fulfillment of their responsibilities under this Agreement, such liability, loss, or damage shall be borne by each party in relation to each party’s responsibilities under the joint activities, provided that nothing herein shall be construed as a waiver of any public or governmental immunity granted to any of the parties hereto as provided by applicable statutes and/or court decisions. E. Under this Agreement, it is the intent of the parties that each of them shall separately bear financial risk and thereto shall be separately responsible for covering financial shortfalls and/or losses pursuant to the duties and responsibilities of each party hereto. X. Xxxxxxxx to the MDHHS/PIHP Master Contract requirement that such contracts include a description of the PIHP’s oversight to assure that a Provider is managing the services and the risk within the funding assumptions, the Payor shall require the Provider hereunder to submit budgetary information prior to the commencement of a fiscal year and shall monitor on an ongoing basis the Provider’s financial reporting required hereunder in comparison with the Medicaid budgetary information and funding assumptions utilized by the PIHP hereunder. And, pursuant to the MDHHS/PIHP Master Contract requirement that such contracts include a description of the method of payment for Medicaid funds to be used by the PIHP and assumptions used that such payments to Provider are at a level that will meet the needs of beneficiaries residing in that county(ies), each of the parties to this Agreement shall monitor payments of Medicaid funding from the Payor to the Provider in comparison to the assumptions used for such PIHP payments methodology to said Provider to be at a level that meets the needs of beneficiaries residing in the county(ies) of that Provider. As specified in Subsection A of Section XIV: Consideration and Payment Procedures, this Agreement may be amended, with the mutual written consent of the parties hereto. Subcontract payment amounts of Medicaid from the Payor to the Provider may be increased or decreased with planned and/or unanticipated funding increases or decreases for the applicable fiscal year. G. Under the MDHHS/PIHP Master Contract, total liability of the MDHHS is limited to the terms and conditions of said MDHHS/PIHP Master Contract and the MDHHS assumes no responsibility or liability for costs incurred by the PIHP prior to the effective date of the current Master Contract.

LIABILITY AND FINANCIAL RISK. A. All liability to third parties, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities to be carried out by the Payor in the performance of this Agreement shall be the responsibility of the Payor, and not the responsibility of the Provider, if the liability, loss, or damage is caused by, or arises out of, the actions or failure to act on the behalf of the Payor, its other subcontractors, and their officers, directors, employees and authorized representatives, provided that nothing herein shall be construed as a waiver of any governmental immunity that has been provided to the Payor or its officers and employees by statute or court decisions. B. All liability to third parties, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities to be carried out by the Provider in the performance of this Agreement shall be the responsibility of the Provider, and not the responsibility of Payor, if the liability, loss, or damage is caused by, or arises out of, the actions or failure to act on the behalf of the Provider, its other subcontractors, and their officers, directors, employees and authorized representatives, provided that nothing herein shall be construed as a waiver of any governmental immunity that has been provided to the Provider or its officers and employees by statute or court decisions.waiver C. Each party to this Agreement must seek its own legal representative and bear its own costs including judgments in any litigation which may arise out of its activities to be carried out pursuant to its obligations hereunder. It is specifically understood and agreed that neither party will indemnify the other party in such litigation. D. In the event that liability to third parties, loss or damage arises as a result of activities conducted jointly by the parties hereto in fulfillment of their responsibilities under this Agreement, such liability, loss, or damage shall be borne by each party in relation to each party’s responsibilities under the joint activities, provided that nothing herein shall be construed as a waiver of any public or governmental immunity granted to any of the parties hereto as provided by applicable statutes and/or court decisions. E. Under this Agreement, it is the intent of the parties that each of them shall separately bear financial risk and thereto shall be separately responsible for covering financial shortfalls and/or losses pursuant to the duties and responsibilities of each party hereto. X. Xxxxxxxx to the MDHHS/PIHP Master Contract requirement that such contracts include a description of the PIHP’s oversight to assure that a Provider is managing the services and the risk within the funding assumptions, the Payor shall require the Provider hereunder to submit budgetary information prior to the commencement of a fiscal year and shall monitor on an ongoing basis the Provider’s financial reporting required hereunder in comparison with the Medicaid budgetary information and funding assumptions utilized by the PIHP hereunder. And, pursuant to the MDHHS/PIHP Master Contract requirement that such contracts include a description of the method of payment for Medicaid funds to be used by the PIHP and assumptions used that such payments to Provider are at a level that will meet the needs of beneficiaries residing in that county(ies), each of the parties to this Agreement shall monitor payments of Medicaid funding from the Payor to the Provider in comparison to the assumptions used for such PIHP payments methodology to said Provider to be at a level that meets the needs of beneficiaries residing in the county(ies) of that Provider. As specified in Subsection A of Section XIV: Consideration and Payment Procedures, this Agreement may be amended, with the mutual written consent of the parties hereto. Subcontract payment amounts of Medicaid from the Payor to the Provider may be increased or decreased with planned and/or unanticipated funding increases or decreases for the applicable fiscal year. G. Under the MDHHS/PIHP Master Contract, total liability of the MDHHS is limited to the terms and conditions of said MDHHS/PIHP Master Contract and the MDHHS assumes no responsibility or liability for costs incurred by the PIHP prior to the effective date of the current Master Contract.

LIABILITY AND FINANCIAL RISK. A. All liability to third parties, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities to be carried out by the Payor in the performance of this Agreement shall be the responsibility of the Payor, and not the responsibility of the Provider, if the liability, loss, or damage is caused by, or arises out of, the actions or failure to act on the behalf of the Payor, its other subcontractors, and their officers, directors, employees and authorized representatives, provided that nothing herein shall be construed as a waiver of any governmental immunity that has been provided to the Payor or its officers and employees by statute or court decisions. B. All liability to third parties, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities to be carried out by the Provider in the performance of this Agreement shall be the responsibility of the Provider, and not the responsibility of Payor, if the liability, loss, or damage is caused by, or arises out of, the actions or failure to act on the behalf of the Provider, its other subcontractors, and their officers, directors, employees and authorized representatives, provided that nothing herein shall be construed as a waiver of any governmental immunity that has been provided to the Provider or its officers and employees by statute or court decisions.and C. Each party to this Agreement must seek its own legal representative and bear its own costs including judgments in any litigation which may arise out of its activities to be carried out pursuant to its obligations hereunder. It is specifically understood and agreed that neither party will indemnify the other party in such litigation. D. In the event that liability to third parties, loss or damage arises as a result of activities conducted jointly by the parties hereto in fulfillment of their responsibilities under this Agreement, such liability, loss, or damage shall be borne by each party in relation to each party’s responsibilities under the joint activities, provided that nothing herein shall be construed as a waiver of any public or governmental immunity granted to any of the parties hereto as provided by applicable statutes and/or court decisions. E. Under this Agreement, it is the intent of the parties that each of them shall separately bear financial risk and thereto shall be separately responsible for covering financial shortfalls and/or losses pursuant to the duties and responsibilities of each party hereto. X. Xxxxxxxx to the MDHHS/PIHP Master Contract requirement that such contracts include a description of the PIHP’s oversight to assure that a Provider is managing the services and the risk within the funding assumptions, the Payor shall require the Provider hereunder to submit budgetary information prior to the commencement of a fiscal year and shall monitor on an ongoing basis the Provider’s financial reporting required hereunder in comparison with the Medicaid budgetary information and funding assumptions utilized by the PIHP hereunder. And, pursuant to the MDHHS/PIHP Master Contract requirement that such contracts include a description of the method of payment for Medicaid funds to be used by the PIHP and assumptions used that such payments to Provider are at a level that will meet the needs of beneficiaries residing in that county(ies), each of the parties to this Agreement shall monitor payments of Medicaid funding from the Payor to the Provider in comparison to the assumptions used for such PIHP payments methodology to said Provider to be at a level that meets the needs of beneficiaries residing in the county(ies) of that Provider. As specified in Subsection A of Section XIV: Consideration and Payment Procedures, this Agreement may be amended, with the mutual written consent of the parties hereto. Subcontract payment amounts of Medicaid from the Payor to the Provider may be increased or decreased with planned and/or unanticipated funding increases or decreases for the applicable fiscal year. G. Under the MDHHS/PIHP Master Contract, total liability of the MDHHS is limited to the terms and conditions of said MDHHS/PIHP Master Contract and the MDHHS assumes no responsibility or liability for costs incurred by the PIHP prior to the effective date of the current Master Contract.