Limitation on Review Clause Samples
A Limitation on Review clause restricts the ability of parties to challenge, appeal, or seek judicial review of certain decisions or actions specified in the agreement. Typically, this clause applies to determinations made by an arbitrator, a designated authority, or a contractual decision-maker, and may limit review to only cases of fraud, manifest error, or procedural irregularity. Its core practical function is to provide finality and efficiency by preventing prolonged disputes and repeated challenges, thereby reducing uncertainty and legal costs for the parties involved.
Limitation on Review. There is no administrative or judicial review under sections 1869 or 1878 of the Act or otherwise for the following:
1. The selection of manufacturers to participate in the Model, including the decision by the Secretary to terminate this Addendum;
2. The selection of Part D Sponsors to participate in the Model, including the approval of Model PBPs;
3. The elements, parameters, scope, and duration of the Model;
4. Determinations regarding budget neutrality under section 1115A(b)(3);
5. The termination or modification of the design and implementation of a Model under section 1115A(b)(3)(B); or
6. Decisions about expansion of the duration and scope of a model under subsection 1115A(c), including the determination that a model is not expected to meet criteria described in paragraph (1) or (2) of such subsection.
Limitation on Review. There is no administrative and judicial review under Sections 1869 and 1878 of the Act or otherwise for the following:
i. The selection of states, organizations, sites, or participants in the Model, including the decision by CMS to terminate this Agreement or to require the termination of any individual’s or entity’s status or participation in the Model;
ii. The selection of models for testing or expansion under Sections 1115A of the Act;
iii. The elements, parameters, scope, and duration of the Model, including methodologies and calculations developed under the Model, as discussed herein, and the Cooperative Agreement;
iv. The termination or modification of the design and implementation of the Model under Section 1115A(b)(3)(B) of the Act;
v. Determinations regarding budget neutrality under Section 1115A(b)(3) of the Act; and
vi. Determinations about expansion of the duration and scope of a model under Section 1115A(c) of the Act.
Limitation on Review. Submittal review shall not constitute approval of safety precautions or of any construction means, methods, techniques, sequences or procedures. Approval of a specific item shall not indicate approval of an entire assembly of which the item is a component, or of deviations from the Contract Documents not specifically identified in the transmittal accompanying the submittal.
Limitation on Review. Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by Architect, of any construction means, methods, techniques, sequences or procedures. Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component, or of deviations from the Contract Documents not specifically identified in CM/GC's transmittal accompanying the Submittal.
Limitation on Review