Common use of Monitor Selection Clause in Contracts

Monitor Selection. The parties have jointly selected Xxxxxxx Xxxxx, RN, to serve as the Monitor overseeing implementation of the Agreement. The monitor is an officer of the Court and is not an agent or business associate of the Defendant. Should the monitor position become vacant and the parties cannot agree on a replacement, the parties shall recommend candidates to the Court, and the Court will appoint the Monitor from the names submitted by the parties. Neither party, nor any employee or agent of either party, shall have any supervisory authority over the Monitor’s activities, reports, findings, or recommendations. The cost for the Monitor’s fees and expenses shall be borne by Defendant. The selection of the Monitor shall be conducted solely pursuant to the procedures set forth in this Agreement, and will not be governed by any formal or legal procurement requirements. The Monitor may be terminated only for good cause, unrelated to the Monitor’s findings or recommendations, and only with prior notice to, and approval of, the parties acting jointly or by Court order. Should the parties agree that the Monitor is not fulfilling his or her duties in accordance with this Agreement, the parties may petition the Court for the Monitor’s removal and replacement. One party may unilaterally petition the Court for the Monitor’s removal for good cause, and the other party will have the opportunity to respond to the petition.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

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Monitor Selection. The parties have Parties will jointly selected Xxxxxxx Xxxxx, RN, select a Monitor to serve as the Monitor overseeing oversee implementation of the Agreement. The monitor is an officer of the Court and is not an agent or business associate of the Defendant. Should the monitor position become vacant and the parties cannot Parties be unable to agree on a replacementthe Monitor, the parties each shall recommend no more than two candidates to the Court, Court and the Court will appoint the Monitor from the names submitted by the partiesParties. Neither partyParty, nor any employee or agent of either partyParty, shall have any supervisory authority over the Monitor’s activities, reports, findings, or recommendations. The cost for the Monitor’s fees and expenses shall be borne by Defendant. The selection of the Monitor shall be conducted solely pursuant to the procedures set forth in this Agreement, and will not be governed by any formal or legal procurement requirements. The Monitor may be terminated only for good cause, unrelated to the Monitor’s findings or recommendations, and only with prior notice to, and approval of, of the parties acting jointly or by Court orderCourt. Should the parties Parties agree that the Monitor is not fulfilling his or her duties in accordance with this Agreement, the parties Parties may petition move the Court for the Monitor’s immediate removal and replacement. One party Party may unilaterally petition move the Court for the Monitor’s removal for good cause, and the other party Parties will have the opportunity to respond to the petition.

Appears in 1 contract

Samples: Consent Agreement

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Monitor Selection. The parties Parties have jointly selected Xxxxxxx Xxxxx, RN, Xxxxx Xxxxx to serve as the Monitor overseeing implementation of the Agreement. The monitor is an officer of the Court and is not an agent or business associate of the Defendant. Should the monitor position become vacant and if the parties Parties cannot agree on a replacement, the parties Parties shall recommend candidates to the Court, and the Court will appoint the Monitor from the names submitted by the partiesParties. Neither partyParty, nor any employee or agent of either partyParty, shall have any supervisory authority over the Monitor’s activities, reports, findings, or recommendations. The cost for the Monitor’s fees and expenses shall be borne by Defendant. The selection of the Monitor shall be conducted solely pursuant to the procedures set forth in this Agreement, and will not be governed by any formal or legal procurement requirements. The Monitor may be terminated only for good cause, unrelated to the Monitor’s findings or recommendations, and only with prior notice to, and approval of, the parties Parties acting jointly or by Court order. Should the parties Parties agree that the Monitor is not fulfilling his or her duties in accordance with this Agreement, the parties Parties may petition the Court for the Monitor’s immediate removal and replacement. One party Party may unilaterally petition the Court for the Monitor’s removal for good cause, and the other party Party will have the opportunity to respond to the petition.

Appears in 1 contract

Samples: Settlement Agreement

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