Common use of NONRENEWAL AND TERMINATION Clause in Contracts

NONRENEWAL AND TERMINATION. A. This Agreement may be terminated, pursuant to Section 5.5 of the Three-Way or by ODM or the MCOP upon written notice in accordance with the applicable rule(s) of the OAC, with termination to occur at the end of the last day of the termination month. If the Three-Way is terminated, and XXX decides to enter into a new Agreement with the MCOP, MCOP shall be required to enter into a new Agreement with ODM that shall begin the day after the termination of the Three-Way. By executing this Agreement, XXXX expressly agrees to be bound by this provision of the Agreement. If the option to enter into a new Agreement per this Section is exercised, the MCOP will be provided a copy of the proposed new Agreement for review prior to execution. The terms of the new Agreement will not be unconscionable or capricious and the parties agree to negotiate in good faith. B. Subsequent to receiving a notice of termination from ODM, the MCOP beginning on the effective date of the termination, shall cease provision of services on the terminated activities under this Agreement; terminate all subcontracts relating to such terminated activities, take all necessary or appropriate steps to limit disbursements and minimize costs, and comply with the requirements specified in this Agreement, as of the date of receipt of notice of termination describing the status of all services under this Agreement. C. In the event of termination under this Article, the MCOP shall be entitled to request reconciliation of reimbursements through the final month for which services were provided under this Agreement, in accordance with the reimbursement provisions of this Agreement. The MCOP agrees to waive any right to, and shall make no claim for, additional compensation against ODM by reason of such suspension or termination. D. In the event of termination under this Article, MCOP shall return all records in their native format relating to cost, work performed, supporting documentation for invoices submitted to ODM, and copies of all materials produced under or pertaining to this Agreement. E. ODM may, in its sole discretion, terminate or fail to renew this Agreement if the MCOP or MCOP's subcontractors violate or fail to comply with the provisions of this Agreement or other provisions of law or regulation governing the Medicaid program. Where ODM proposes to terminate or refuse to enter into a provider agreement, the provisions of applicable sections of the OAC with respect to ODM's suspension, termination or refusal to enter into a provider agreement may apply Pursuant to ORC section 5164.38, the MCOP does not have the right to request an adjudication hearing under ORC Chapter 119 to challenge any action taken or decision made by ODM with respect to entering into or refusing to enter into a provider agreement with the MCOP pursuant to ORC Section 5167.10. F. The MCOP understands that availability of funds to fulfill the terms of this Agreement is contingent on appropriations made by the Ohio General Assembly and the United States government for funding the Medicaid program. If sufficient funds are not available from the Ohio General Assembly or the United States government to make payments on behalf of a specific population (Aged, Blind, Disabled, Covered Families and Children, or Adult Extension) to fulfill the terms of this Agreement, the obligations, duties, and responsibilities of the parties with respect to that population will be terminated except as specified in Appendix P as of the date funding expires. If the Ohio General Assembly or the United States government fails at any time to provide sufficient funding for ODM or the State of Ohio to make payments due under this Agreement, this Agreement will terminate as of the date funding expires without further obligation of ODM or the State of Ohio.

NONRENEWAL AND TERMINATION. A. This Agreement may be terminated, pursuant to Section 5.5 of the Three-Way or by ODM or the MCOP upon written notice in accordance with the applicable rule(s) of the OAC, with termination to occur at the end of the last day of the termination month. If the Three-Way is terminated, and XXX ODM decides to enter into a new Agreement with the MCOP, MCOP shall be required to enter into a new Agreement with ODM that shall begin the day after the termination of the Three-Way. By executing this Agreement, XXXX MCOP expressly agrees to be bound by this provision of the Agreement. If the option to enter into a new Agreement per this Section is exercised, the MCOP will be provided a copy of the proposed new Agreement for review prior to execution. The terms of the new Agreement will not be unconscionable or capricious and the parties agree to negotiate in good faith. B. Subsequent to receiving a notice of termination from ODM, the MCOP beginning on the effective date of the termination, shall cease provision of services on the terminated activities under this Agreement; terminate all subcontracts relating to such terminated activities, take all necessary or appropriate steps to limit disbursements and minimize costs, and comply with the requirements specified in this Agreement, as of the date of receipt of notice of termination describing the status of all services under this Agreement. C. In the event of termination under this Article, the MCOP shall be entitled to request reconciliation of reimbursements through the final month for which services were provided under this Agreement, in accordance with the reimbursement provisions of this Agreement. The MCOP agrees to waive any right to, and shall make no claim for, additional compensation against ODM by reason of such suspension or termination. D. In the event of termination under this Article, MCOP shall return all records in their native format relating to cost, work performed, supporting documentation for invoices submitted to ODM, and copies of all materials produced under or pertaining to this Agreement. E. ODM may, in its sole discretion, terminate or fail to renew this Agreement if the MCOP or MCOP's subcontractors violate or fail to comply with the provisions of this Agreement or other provisions of law or regulation governing the Medicaid program. Where ODM proposes to terminate or refuse to enter into a provider agreement, the provisions of applicable sections of the OAC with respect to ODM's suspension, termination or refusal to enter into a provider agreement may apply Pursuant to ORC section 5164.38, the MCOP does not have the right to request an adjudication hearing under ORC Chapter 119 to challenge any action taken or decision made by ODM with respect to entering into or refusing to enter into a provider agreement with the MCOP pursuant to ORC Section 5167.10. F. The MCOP understands that availability of funds to fulfill the terms of this Agreement is contingent on appropriations made by the Ohio General Assembly and the United States government for funding the Medicaid program. If sufficient funds are not available from the Ohio General Assembly or the United States government to make payments on behalf of a specific population (Aged, Blind, Disabled, Covered Families and Children, or Adult Extension) to fulfill the terms of this Agreement, the obligations, duties, and responsibilities of the parties with respect to that population will be terminated except as specified in Appendix P as of the date funding expires. If the Ohio General Assembly or the United States government fails at any time to provide sufficient funding for ODM or the State of Ohio to make payments due under this Agreement, this Agreement will terminate as of the date funding expires without further obligation of ODM or the State of Ohio.

NONRENEWAL AND TERMINATION. A. This Agreement may be terminated, pursuant to Section 5.5 of by the Three-Way or by ODM or the MCOP MCP upon written notice in accordance with the applicable rule(s) of the OAC, with termination to occur at the end of the last day of the termination month. If the Three-Way is terminated, and XXX decides to enter into a new Agreement with the MCOP, MCOP shall be required to enter into a new Agreement with ODM that shall begin the day after the termination of the Three-Way. By executing this Agreement, XXXX expressly agrees to be bound by this provision of the Agreement. If the option to enter into a new Agreement per this Section is exercised, the MCOP will be provided a copy of the proposed new Agreement for review prior to execution. The terms of the new Agreement will not be unconscionable or capricious and the parties agree to negotiate in good faith. B. Subsequent to receiving a notice of termination from ODM, the MCOP MCP beginning on the effective date of the termination, shall cease provision of services on the terminated activities under this Agreement; , terminate all subcontracts relating to such terminated activities, take all necessary or appropriate steps to limit disbursements and minimize costs, and comply with the requirements specified in this Agreement, as of the date of receipt of notice of termination describing the status of all services under this Agreement. C. In the event of termination under this Article, the MCOP MCP shall be entitled to request reconciliation of reimbursements through the final month for which services were provided under this Agreement, in accordance with the reimbursement provisions of this Agreement. The MCOP MCP agrees to waive any right to, and shall make no claim for, additional compensation against ODM by reason of such suspension or termination. D. In the event of termination under this Article, MCOP the MCP shall return all records in their native format relating to cost, work performed, supporting documentation for invoices submitted to ODM, and copies of all materials produced under or pertaining to this Agreement. E. ODM may, in its sole discretion, terminate or fail to renew this Agreement if the MCOP MCP or MCOPMCP's subcontractors violate or fail to comply with the provisions of this Agreement or other provisions of law or regulation governing the Medicaid program. Where ODM proposes to terminate or refuse to enter into a provider agreement, the provisions of applicable sections of the OAC with respect to ODM's suspension, termination termination, or refusal to enter into a provider agreement may apply Pursuant shall apply, including the MCP's right to request an adjudication hearing under ORC section 5164.38, the MCOP Chapter 119. The MCP does not have the right to request an adjudication hearing under ORC Chapter 119 to challenge any action taken or decision made by ODM with respect to entering into or refusing to enter into a provider agreement with the MCOP MCP pursuant to ORC Section section 5167.10. F. When initiated by the MCP, termination of or failure to renew the Agreement requires written notice to be received by ODM at least 240 calendar days in advance of the termination or renewal date, provided, however, that termination or non-renewal shall be effective at the end of the last day of a calendar month. In the event of non-renewal of the Agreement with ODM, if the MCP is unable to provide the required number of days of notice to ODM prior to the date when the Agreement expires, then the Agreement shall be deemed extended to the last day of the month that meets the required number of days from the date of the termination notice, and both parties shall, for that time, continue to fulfill their duties and obligations as set forth herein. If the MCP wishes to terminate or not renew their Agreement for a specific region(s), ODM reserves the right to initiate a procurement process to select additional MCPs to serve Medicaid consumers in that region(s). ODM, at its discretion, may use the MCP’s termination or non-renewal of this Agreement as a factor in any future procurement process. G. The MCOP MCP understands that availability of funds to fulfill the terms of this Agreement is contingent on appropriations made by the Ohio General Assembly and the United States government for funding the Medicaid program. If sufficient funds are not available from the Ohio General Assembly or the United States government to make payments on behalf of a specific population (Aged, Blind, Disabled, Covered Families and ChildrenModified Adjusted Gross Income, or Adult Extension) to fulfill the terms of this Agreement, the obligations, duties, and responsibilities of the parties with respect to that population will be terminated except as specified in Appendix P as of the date funding expires. If the Ohio General Assembly or the United States government fails at any time to provide sufficient funding for ODM or the State of Ohio to make payments due under this Agreement, this Agreement will terminate as of the date funding expires without further obligation of ODM or the State of Ohio.

NONRENEWAL AND TERMINATION. A. This Provider Agreement may be terminated, pursuant to Section 5.5 of by the Three-Way or by ODM or the MCOP MCP upon written notice in accordance with the applicable rule(s) of the OAC, with termination to occur at the end of the last day of the termination month. If the Three-Way is terminated, and XXX decides to enter into a new Agreement with the MCOP, MCOP shall be required to enter into a new Agreement with ODM that shall begin the day after the termination of the Three-Way. By executing this Agreement, XXXX expressly agrees to be bound by this provision of the Agreement. If the option to enter into a new Agreement per this Section is exercised, the MCOP will be provided a copy of the proposed new Agreement for review prior to execution. The terms of the new Agreement will not be unconscionable or capricious and the parties agree to negotiate in good faith. B. Subsequent to receiving a notice of termination from ODM, the MCOP MCP beginning on the effective date of the termination, shall cease provision of services on the terminated activities under this Provider Agreement; terminate all subcontracts relating to such terminated activities, take all necessary or appropriate steps to limit disbursements and minimize costs, and comply with the requirements specified in this Provider Agreement, as of the date of receipt of notice of termination describing the status of all services under this Provider Agreement. C. In the event of termination under this Article, the MCOP MCP shall be entitled to request reconciliation of reimbursements through the final month for which services were provided under this Provider Agreement, in accordance with the reimbursement provisions of this Provider Agreement. The MCOP MCP agrees to waive any right to, and shall make no claim for, additional compensation against ODM by reason of such suspension or termination. D. In the event of termination under this Article, MCOP MCP shall return all records in their native format relating to cost, work performed, supporting documentation for invoices submitted to ODM, and copies of all materials produced under or pertaining to this Provider Agreement. E. ODM may, in its sole discretion, terminate or fail to renew this Provider Agreement if the MCOP MCP or MCOPMCP's subcontractors violate or fail to comply with the provisions of this Agreement or other provisions of law or regulation governing the Medicaid program. Where ODM proposes to terminate or refuse to enter into a provider agreement, the provisions of applicable sections of the OAC with respect to ODM's suspension, termination or refusal to enter into a provider agreement may apply Pursuant shall apply, including the MCP's right to ORC section 5164.38, request an adjudication hearing under Chapter 119 of the MCOP ORC. The MCP does not have the right to request an adjudication hearing under ORC Chapter 119 of the ORC to challenge any action taken or decision made by ODM with respect to entering into or refusing to enter into a provider agreement with the MCOP MCP pursuant to ORC Section 5167.10section 5167.10 of the Revised Code. F. When initiated by the MCP, termination of or failure to renew the Provider Agreement requires written notice to be received by ODM at least 240 days in advance of the termination or renewal date, provided, however, that termination or non-renewal must be effective at the end of the last day of a calendar month. In the event of non-renewal of the Provider Agreement with ODM, if the MCP is unable to provide the required number of days of notice to ODM prior to the date when the Provider Agreement expires, then the Provider Agreement shall be deemed extended to the last day of the month that meets the required number of days from the date of the termination notice, and both parties shall, for that time, continue to fulfill their duties and obligations as set forth herein. If the MCP wishes to terminate or not renew their Provider Agreement for a specific region(s), ODM reserves the right to initiate a procurement process to select additional MCPs to serve Medicaid consumers in that region(s). ODM, at its discretion, may use an MCP’s termination or non-renewal of this Provider Agreement as a factor in any future procurement process. G. The MCOP MCP understands that availability of funds to fulfill the terms of this Provider Agreement is contingent on appropriations made by the Ohio General Assembly and the United States government for funding the Medicaid program. If sufficient funds are not available from the Ohio General Assembly or the United States government to make payments on behalf of a specific population (Aged, Blind, Disabled, Covered Families and Children, or Adult Extension) to fulfill the terms of this Provider Agreement, the obligations, duties, duties and responsibilities of the parties with respect to that population will be terminated except as specified in Appendix P as Pas of the date funding expires. If the Ohio General Assembly or the United States government fails at any time to provide sufficient funding for ODM or the State of Ohio to make payments due under this Provider Agreement, this Provider Agreement will terminate as of the date funding expires without further obligation of ODM or the State of Ohio.

NONRENEWAL AND TERMINATION. A. This Provider Agreement may be terminated, pursuant to Section 5.5 of by the Three-Way or by ODM or the MCOP MCP upon written notice in accordance with the applicable rule(s) of the OAC, with termination to occur at the end of the last day of the termination month. If the Three-Way is terminated, and XXX decides to enter into a new Agreement with the MCOP, MCOP shall be required to enter into a new Agreement with ODM that shall begin the day after the termination of the Three-Way. By executing this Agreement, XXXX expressly agrees to be bound by this provision of the Agreement. If the option to enter into a new Agreement per this Section is exercised, the MCOP will be provided a copy of the proposed new Agreement for review prior to execution. The terms of the new Agreement will not be unconscionable or capricious and the parties agree to negotiate in good faith. B. Subsequent to receiving a notice of termination from ODM, the MCOP MCP beginning on the effective date of the termination, shall cease provision of services on the terminated activities under this Provider Agreement; terminate all subcontracts relating to such terminated activities, take all necessary or appropriate steps to limit disbursements and minimize costs, and comply with the requirements specified in this Provider Agreement, as of the date of receipt of notice of termination describing the status of all services under this Provider Agreement. C. In the event of termination under this Article, the MCOP MCP shall be entitled to request reconciliation of reimbursements through the final month for which services were provided under this Provider Agreement, in accordance with the reimbursement provisions of this Provider Agreement. The MCOP MCP agrees to waive any right to, and shall make no claim for, additional compensation against ODM by reason of such suspension or termination. D. In the event of termination under this Article, MCOP MCP shall return all records in their native format relating to cost, work performed, supporting documentation for invoices submitted to ODM, and copies of all materials produced under or pertaining to this Provider Agreement. E. ODM may, in its sole discretion, terminate or fail to renew this Provider Agreement if the MCOP MCP or MCOPMCP's subcontractors violate or fail to comply with the provisions of this Agreement or other provisions of law or regulation governing the Medicaid program. Where ODM proposes to terminate or refuse to enter into a provider agreement, the provisions of applicable sections of the OAC with respect to ODM's suspension, termination or refusal to enter into a provider agreement may apply Pursuant shall apply, including the MCP's right to ORC section 5164.38, request an adjudication hearing under Chapter 119 of the MCOP ORC. The MCP does not have the right to request an adjudication hearing under ORC Chapter 119 of the ORC to challenge any action taken or decision made by ODM with respect to entering into or refusing to enter into a provider agreement with the MCOP MCP pursuant to ORC Section 5167.10section 5167.10 of the Revised Code. F. When initiated by the MCP, termination of or failure to renew the Provider Agreement requires written notice to be received by ODM at least 240 days in advance of the termination or renewal date, provided, however, that termination or non-renewal must be effective at the end of the last day of a calendar month. In the event of non-renewal of the Provider Agreement with ODM, if the MCP is unable to provide the required number of days of notice to ODM prior to the date when the Provider Agreement expires, then the Provider Agreement shall be deemed extended to the last day of the month that meets the required number of days from the date of the termination notice, and both parties shall, for that time, continue to fulfill their duties and obligations as set forth herein. If the MCP wishes to terminate or not renew their Provider Agreement for a specific region(s), ODM reserves the right to initiate a procurement process to select additional MCPs to serve Medicaid consumers in that region(s). ODM, at its discretion, may use an MCP’s termination or non-renewal of this Provider Agreement as a factor in any future procurement process. G. The MCOP MCP understands that availability of funds to fulfill the terms of this Provider Agreement is contingent on appropriations made by the Ohio General Assembly and the United States government for funding the Medicaid program. If sufficient funds are not available from the Ohio General Assembly or the United States government to make payments on behalf of a specific population (Aged, Blind, Disabled, Covered Families and ChildrenModified Adjusted Gross Income, or Adult Extension) to fulfill the terms of this Provider Agreement, the obligations, duties, duties and responsibilities of the parties with respect to that population will be terminated except as specified in Appendix P as of the date funding expires. If the Ohio General Assembly or the United States government fails at any time to provide sufficient funding for ODM or the State of Ohio to make payments due under this Provider Agreement, this Provider Agreement will terminate as of the date funding expires without further obligation of ODM or the State of Ohio.

NONRENEWAL AND TERMINATION. A. This Provider Agreement may be terminated, pursuant to Section 5.5 of the Three-Way or by ODM or the MCOP upon written notice in accordance with the applicable rule(s) of the OAC, with termination to occur at the end of the last day of the termination month. If the Three-Way is terminated, and XXX ODM decides to enter into a new Provider Agreement with the MCOP, MCOP shall be required to enter into a new Provider Agreement with ODM that shall begin the day after the termination of the Three-Way. By executing this Agreement, XXXX MCOP expressly agrees to be bound by this provision of the Agreement. If the option to enter into a new Provider Agreement per this Section is exercised, the MCOP will be provided a copy of the proposed new Provider Agreement for review prior to execution. The terms of the new Provider Agreement will not be unconscionable or capricious and the parties agree to negotiate in good faith. B. Subsequent to receiving a notice of termination from ODM, the MCOP beginning on the effective date of the termination, shall cease provision of services on the terminated activities under this Provider Agreement; terminate all subcontracts relating to such terminated activities, take all necessary or appropriate steps to limit disbursements and minimize costs, and comply with the requirements specified in this Provider Agreement, as of the date of receipt of notice of termination describing the status of all services under this Provider Agreement. C. In the event of termination under this Article, the MCOP shall be entitled to request reconciliation of reimbursements through the final month for which services were provided under this Provider Agreement, in accordance with the reimbursement provisions of this Provider Agreement. The MCOP agrees to waive any right to, and shall make no claim for, additional compensation against ODM by reason of such suspension or termination. D. In the event of termination under this Article, MCOP shall return all records in their native format relating to cost, work performed, supporting documentation for invoices submitted to ODM, and copies of all materials produced under or pertaining to this Provider Agreement. E. ODM may, in its sole discretion, terminate or fail to renew this Provider Agreement if the MCOP or MCOP's subcontractors violate or fail to comply with the provisions of this Agreement or other provisions of law or regulation governing the Medicaid program. Where ODM proposes to terminate or refuse to enter into a provider agreement, the provisions of applicable sections of the OAC with respect to ODM's suspension, termination or refusal to enter into a provider agreement may apply Pursuant to ORC section 5164.38, the MCOP does not have the right to request an adjudication hearing under ORC Chapter 119 of the ORC to challenge any action taken or decision made by ODM with respect to entering into or refusing to enter into a provider agreement with the MCOP pursuant to ORC Section 5167.10section 5167.10 of the Revised Code. F. The MCOP understands that availability of funds to fulfill the terms of this Provider Agreement is contingent on appropriations made by the Ohio General Assembly and the United States government for funding the Medicaid program. If sufficient funds are not available from the Ohio General Assembly or the United States government to make payments on behalf of a specific population (Aged, Blind, Disabled, Covered Families and Children, or Adult Extension) to fulfill the terms of this Provider Agreement, the obligations, duties, duties and responsibilities of the parties with respect to that population will be terminated except as specified in Appendix P as of the date funding expires. If the Ohio General Assembly or the United States government fails at any time to provide sufficient funding for ODM or the State of Ohio to make payments due under this Provider Agreement, this Provider Agreement will terminate as of the date funding expires without further obligation of ODM or the State of Ohio.

NONRENEWAL AND TERMINATION. A. This Agreement may be terminated, pursuant to Section 5.5 of by the Three-Way or by ODM or the MCOP MCP upon written notice in accordance with the applicable rule(s) of the OAC, with termination to occur at the end of the last day of the termination month. If the Three-Way is terminated, and XXX decides to enter into a new Agreement with the MCOP, MCOP shall be required to enter into a new Agreement with ODM that shall begin the day after the termination of the Three-Way. By executing this Agreement, XXXX expressly agrees to be bound by this provision of the Agreement. If the option to enter into a new Agreement per this Section is exercised, the MCOP will be provided a copy of the proposed new Agreement for review prior to execution. The terms of the new Agreement will not be unconscionable or capricious and the parties agree to negotiate in good faith. B. Subsequent to receiving a notice of termination from ODM, the MCOP MCP beginning on the effective date of the termination, shall cease provision of services on the terminated activities under this Agreement; terminate all subcontracts relating to such terminated activities, take all necessary or appropriate steps to limit disbursements and minimize costs, and comply with the requirements specified in this Agreement, as of the date of receipt of notice of termination describing the status of all services under this Agreement. C. In the event of termination under this Article, the MCOP MCP shall be entitled to request reconciliation of reimbursements through the final month for which services were provided under this Agreement, in accordance with the reimbursement provisions of this Agreement. The MCOP MCP agrees to waive any right to, and shall make no claim for, additional compensation against ODM by reason of such suspension or termination. D. In the event of termination under this Article, MCOP the MCP shall return all records in their native format relating to cost, work performed, supporting documentation for invoices submitted to ODM, and copies of all materials produced under or pertaining to this Agreement. E. ODM may, in its sole discretion, terminate or fail to renew this Agreement if the MCOP MCP or MCOPMCP's subcontractors violate or fail to comply with the provisions of this Agreement or other provisions of law or regulation governing the Medicaid program. Where ODM proposes to terminate or refuse to enter into a provider agreement, the provisions of applicable sections of the OAC with respect to ODM's suspension, termination or refusal to enter into a provider agreement may apply Pursuant shall apply, including the MCP's right to request an adjudication hearing under ORC section 5164.38, the MCOP Chapter 119. The MCP does not have the right to request an adjudication hearing under ORC Chapter 119 to challenge any action taken or decision made by ODM with respect to entering into or refusing to enter into a provider agreement with the MCOP MCP pursuant to ORC Section section 5167.10. F. When initiated by the MCP, termination of or failure to renew the Agreement requires written notice to be received by ODM at least 240 calendar days in advance of the termination or renewal date, provided, however, that termination or non-renewal shall be effective at the end of the last day of a calendar month. In the event of non-renewal of the Agreement with ODM, if the MCP is unable to provide the required number of days of notice to ODM prior to the date when the Agreement expires, then the Agreement shall be deemed extended to the last day of the month that meets the required number of days from the date of the termination notice, and both parties shall, for that time, continue to fulfill their duties and obligations as set forth herein. If the MCP wishes to terminate or not renew their Agreement for a specific region(s), ODM reserves the right to initiate a procurement process to select additional MCPs to serve Medicaid consumers in that region(s). ODM, at its discretion, may use the MCP’s termination or non-renewal of this Agreement as a factor in any future procurement process. G. The MCOP MCP understands that availability of funds to fulfill the terms of this Agreement is contingent on appropriations made by the Ohio General Assembly and the United States government for funding the Medicaid program. If sufficient funds are not available from the Ohio General Assembly or the United States government to make payments on behalf of a specific population (Aged, Blind, Disabled, Covered Families and ChildrenModified Adjusted Gross Income, or Adult Extension) to fulfill the terms of this Agreement, the obligations, duties, duties and responsibilities of the parties with respect to that population will be terminated except as specified in Appendix P as of the date funding expires. If the Ohio General Assembly or the United States government fails at any time to provide sufficient funding for ODM or the State of Ohio to make payments due under this Agreement, this Agreement will terminate as of the date funding expires without further obligation of ODM or the State of Ohio.

NONRENEWAL AND TERMINATION. A. This Agreement may be terminated, pursuant to Section 5.5 of by the Three-Way or by ODM or the MCOP MCP upon written notice in accordance with the applicable rule(s) of the OAC, with termination to occur at the end of the last day of the termination month. If the Three-Way is terminated, and XXX decides to enter into a new Agreement with the MCOP, MCOP shall be required to enter into a new Agreement with ODM that shall begin the day after the termination of the Three-Way. By executing this Agreement, XXXX expressly agrees to be bound by this provision of the Agreement. If the option to enter into a new Agreement per this Section is exercised, the MCOP will be provided a copy of the proposed new Agreement for review prior to execution. The terms of the new Agreement will not be unconscionable or capricious and the parties agree to negotiate in good faith. B. Subsequent to receiving a notice of termination from ODM, the MCOP MCP beginning on the effective date of the termination, shall cease provision of services on the terminated activities under this Agreement; terminate all subcontracts relating to such terminated activities, take all necessary or appropriate steps to limit disbursements and minimize costs, and comply with the requirements specified in this Agreement, as of the date of receipt of notice of termination describing the status of all services under this Agreement. C. In the event of termination under this Article, the MCOP MCP shall be entitled to request reconciliation of reimbursements through the final month for which services were provided under this Agreement, in accordance with the reimbursement provisions of this Agreement. The MCOP MCP agrees to waive any right to, and shall make no claim for, additional compensation against ODM by reason of such suspension or termination. D. In the event of termination under this Article, MCOP the MCP shall return all records in their native format relating to cost, work performed, supporting documentation for invoices submitted to ODM, and copies of all materials produced under or pertaining to this Agreement. E. ODM may, in its sole discretion, terminate or fail to renew this Agreement if the MCOP MCP or MCOPMCP's subcontractors violate or fail to comply with the provisions of this Agreement or other provisions of law or regulation governing the Medicaid program. Where ODM proposes to terminate or refuse to enter into a provider agreement, the provisions of applicable sections of the OAC with respect to ODM's suspension, termination or refusal to enter into a provider agreement may apply Pursuant shall apply, including the MCP's right to ORC section 5164.38, request an adjudication hearing under Chapter 119 of the MCOP ORC. The MCP does not have the right to request an adjudication hearing under ORC Chapter 119 of the ORC to challenge any action taken or decision made by ODM with respect to entering into or refusing to enter into a provider agreement with the MCOP MCP pursuant to ORC Section 5167.105167.10 of the Revised Code. F. When initiated by the MCP, termination of or failure to renew the Agreement requires written notice to be received by ODM at least 240 days in advance of the termination or renewal date, provided, however, that termination or non-renewal shall be effective at the end of the last day of a calendar month. In the event of non-renewal of the Agreement with ODM, if the MCP is unable to provide the required number of days of notice to ODM prior to the date when the Agreement expires, then the Agreement shall be deemed extended to the last day of the month that meets the required number of days from the date of the termination notice, and both parties shall, for that time, continue to fulfill their duties and obligations as set forth herein. If the MCP wishes to terminate or not renew their Agreement for a specific region(s), ODM reserves the right to initiate a procurement process to select additional MCPs to serve Medicaid consumers in that region(s). ODM, at its discretion, may use the MCP’s termination or non-renewal of this Agreement as a factor in any future procurement process. G. The MCOP MCP understands that availability of funds to fulfill the terms of this Agreement is contingent on appropriations made by the Ohio General Assembly and the United States government for funding the Medicaid program. If sufficient funds are not available from the Ohio General Assembly or the United States government to make payments on behalf of a specific population (Aged, Blind, Disabled, Covered Families and ChildrenModified Adjusted Gross Income, or Adult Extension) to fulfill the terms of this Agreement, the obligations, duties, duties and responsibilities of the parties with respect to that population will be terminated except as specified in Appendix P as of the date funding expires. If the Ohio General Assembly or the United States government fails at any time to provide sufficient funding for ODM or the State of Ohio to make payments due under this Agreement, this Agreement will terminate as of the date funding expires without further obligation of ODM or the State of Ohio.

NONRENEWAL AND TERMINATION. A. This Agreement may be terminated, pursuant to Section 5.5 of the Three-Way or by ODM or the MCOP upon written notice in accordance with the applicable rule(s) of the OAC, with termination to occur at the end of the last day of the termination month. If the Three-Way is terminated, and XXX ODM decides to enter into a new Agreement with the MCOP, MCOP shall be required to enter into a new Agreement with ODM that shall begin the day after the termination of the Three-Way. By executing this Agreement, XXXX expressly agrees to be bound by this provision of the Agreement. If the option to enter into a new Agreement per this Section is exercised, the MCOP will be provided a copy of the proposed new Agreement for review prior to execution. The terms of the new Agreement will not be unconscionable or capricious and the parties agree to negotiate in good faith. B. Subsequent to receiving a notice of termination from ODM, the MCOP beginning on the effective date of the termination, shall cease provision of services on the terminated activities under this Agreement; terminate all subcontracts relating to such terminated activities, take all necessary or appropriate steps to limit disbursements and minimize costs, and comply with the requirements specified in this Agreement, as of the date of receipt of notice of termination describing the status of all services under this Agreement. C. In the event of termination under this Article, the MCOP shall be entitled to request reconciliation of reimbursements through the final month for which services were provided under this Agreement, in accordance with the reimbursement provisions of this Agreement. The MCOP agrees to waive any right to, and shall make no claim for, additional compensation against ODM by reason of such suspension or termination. D. In the event of termination under this Article, MCOP shall return all records in their native format relating to cost, work performed, supporting documentation for invoices submitted to ODM, and copies of all materials produced under or pertaining to this Agreement. E. ODM may, in its sole discretion, terminate or fail to renew this Agreement if the MCOP or MCOP's subcontractors violate or fail to comply with the provisions of this Agreement or other provisions of law or regulation governing the Medicaid program. Where ODM proposes to terminate or refuse to enter into a provider agreement, the provisions of applicable sections of the OAC with respect to ODM's suspension, termination or refusal to enter into a provider agreement may apply Pursuant to ORC section 5164.38, the MCOP does not have the right to request an adjudication hearing under ORC Chapter 119 to challenge any action taken or decision made by ODM with respect to entering into or refusing to enter into a provider agreement with the MCOP pursuant to ORC Section 5167.10. F. The MCOP understands that availability of funds to fulfill the terms of this Agreement is contingent on appropriations made by the Ohio General Assembly and the United States government for funding the Medicaid program. If sufficient funds are not available from the Ohio General Assembly or the United States government to make payments on behalf of a specific population (Aged, Blind, Disabled, Covered Families and Children, or Adult Extension) to fulfill the terms of this Agreement, the obligations, duties, and responsibilities of the parties with respect to that population will be terminated except as specified in Appendix P as of the date funding expires. If the Ohio General Assembly or the United States government fails at any time to provide sufficient funding for ODM or the State of Ohio to make payments due under this Agreement, this Agreement will terminate as of the date funding expires without further obligation of ODM or the State of Ohio.

NONRENEWAL AND TERMINATION. A. This Provider Agreement may be terminated, pursuant to Section 5.5 of by the Three-Way or by ODM or the MCOP MCP upon written notice in accordance with the applicable rule(s) of the OAC, with termination to occur at the end of the last day of the termination month. If the Three-Way is terminated, and XXX decides to enter into a new Agreement with the MCOP, MCOP shall be required to enter into a new Agreement with ODM that shall begin the day after the termination of the Three-Way. By executing this Agreement, XXXX expressly agrees to be bound by this provision of the Agreement. If the option to enter into a new Agreement per this Section is exercised, the MCOP will be provided a copy of the proposed new Agreement for review prior to execution. The terms of the new Agreement will not be unconscionable or capricious and the parties agree to negotiate in good faith. B. Subsequent to receiving a notice of termination from ODM, the MCOP MCP beginning on the effective date of the termination, shall cease provision of services on the terminated activities under this Provider Agreement; terminate all subcontracts relating to such terminated activities, take all necessary or appropriate steps to limit disbursements and minimize costs, and comply with the requirements specified in this Provider Agreement, as of the date of receipt of notice of termination describing the status of all services under this Provider Agreement. C. In the event of termination under this Article, the MCOP MCP shall be entitled to request reconciliation of reimbursements through the final month for which services were provided under this Provider Agreement, in accordance with the reimbursement provisions of this Provider Agreement. The MCOP MCP agrees to waive any right to, and shall make no claim for, additional compensation against ODM by reason of such suspension or termination. D. In the event of termination under this Article, MCOP MCP shall return all records in their native format relating to cost, work performed, supporting documentation for invoices submitted to ODM, and copies of all materials produced under or pertaining to this Provider Agreement. E. ODM may, in its sole discretion, terminate or fail to renew this Provider Agreement if the MCOP MCP or MCOPMCP's subcontractors violate or fail to comply with the provisions of this Agreement or other provisions of law or regulation governing the Medicaid program. Where ODM proposes to terminate or refuse to enter into a provider agreement, the provisions of applicable sections of the OAC with respect to ODM's suspension, termination or refusal to enter into a provider agreement may apply Pursuant shall apply, including the MCP's right to ORC section 5164.38, request an adjudication hearing under Chapter 119 of the MCOP ORC. The MCP does not have the right to request an adjudication hearing under ORC Chapter 119 of the ORC to challenge any action taken or decision made by ODM with respect to entering into or refusing to enter into a provider agreement with the MCOP MCP pursuant to ORC Section 5167.10section 5167.10 of the Revised Code. F. When initiated by the MCP, termination of or failure to renew the Provider Agreement requires written notice to be received by ODM at least 240 days in advance of the termination or renewal date, provided, however, that termination or non-renewal must be effective at the end of the last day of a calendar month. In the event of non-renewal of the Provider Agreement with ODM, if the MCP is unable to provide the required number of days of notice to ODM prior to the date when the Provider Agreement expires, then the Provider Agreement shall be deemed extended to the last day of the month that meets the required number of days from the date of the termination notice, and both parties shall, for that time, continue to fulfill their duties and obligations as set forth herein. If the MCP wishes to terminate or not renew their Provider Agreement for a specific region(s), ODM reserves the right to initiate a procurement process to select additional MCPs to serve Medicaid consumers in that region(s). ODM, at its discretion, may use an MCP’s termination or non-renewal of this Provider Agreement as a factor in any future procurement process. G. The MCOP MCP understands that availability of funds to fulfill the terms of this Provider Agreement is contingent on appropriations made by the Ohio General Assembly and the United States government for funding the Medicaid program. If sufficient funds are not available from the Ohio General Assembly or the United States government to make payments on behalf of a specific population (Aged, Blind, Disabled, Covered Families and Children, or Adult Extension) to fulfill the terms of this Provider Agreement, the obligations, duties, duties and responsibilities of the parties with respect to that population will be terminated except as specified in Appendix P as of the date funding expires. If the Ohio General Assembly or the United States government fails at any time to provide sufficient funding for ODM or the State of Ohio to make payments due under this Provider Agreement, this Provider Agreement will terminate as of the date funding expires without further obligation of ODM or the State of Ohio.

NONRENEWAL AND TERMINATION. A. This Provider Agreement may be terminated, pursuant to Section 5.5 of the Three-Way Three‐Way or by ODM or the MCOP upon written notice in accordance with the applicable rule(s) of the OAC, with termination to occur at the end of the last day of the termination month. If the Three-Way Three‐Way is terminated, and XXX decides to enter into a new Provider Agreement with the MCOP, MCOP shall be required to enter into a new Provider Agreement with ODM that shall begin the day after the termination of the Three-WayThree‐Way. By executing this Agreement, XXXX expressly agrees to be bound by this provision of the Agreement. If the option to enter into a new Provider Agreement per this Section is exercised, the MCOP will be provided a copy of the proposed new Provider Agreement for review prior to execution. The terms of the new Provider Agreement will not be unconscionable or capricious and the parties agree to negotiate in good faith. B. Subsequent to receiving a notice of termination from ODM, the MCOP beginning on the effective date of the termination, shall cease provision of services on the terminated activities under this Provider Agreement; terminate all subcontracts relating to such terminated activities, take all necessary or appropriate steps to limit disbursements and minimize costs, and comply with the requirements specified in this Provider Agreement, as of the date of receipt of notice of termination describing the status of all services under this Provider Agreement. C. In the event of termination under this Article, the MCOP shall be entitled to request reconciliation of reimbursements through the final month for which services were provided under this Provider Agreement, in accordance with the reimbursement provisions of this Provider Agreement. The MCOP agrees to waive any right to, and shall make no claim for, additional compensation against ODM by reason of such suspension or termination. D. In the event of termination under this Article, MCOP shall return all records in their native format relating to cost, work performed, supporting documentation for invoices submitted to ODM, and copies of all materials produced under or pertaining to this Provider Agreement. E. ODM may, in its sole discretion, terminate or fail to renew this Provider Agreement if the MCOP or MCOP's subcontractors violate or fail to comply with the provisions of this Agreement or other provisions of law or regulation governing the Medicaid program. Where ODM proposes to terminate or refuse to enter into a provider agreement, the provisions of applicable sections of the OAC with respect to ODM's suspension, termination or refusal to enter into a provider agreement may apply Pursuant to ORC section 5164.38, the MCOP does not have the right to request an adjudication hearing under ORC Chapter 119 of the ORC to challenge any action taken or decision made by ODM with respect to entering into or refusing to enter into a provider agreement with the MCOP pursuant to ORC Section 5167.10section 5167.10 of the Revised Code. F. The MCOP understands that availability of funds to fulfill the terms of this Provider Agreement is contingent on appropriations made by the Ohio General Assembly and the United States government for funding the Medicaid program. If sufficient funds are not available from the Ohio General Assembly or the United States government to make payments on behalf of a specific population (Aged, Blind, Disabled, Covered Families and Children, or Adult Extension) to fulfill the terms of this Provider Agreement, the obligations, duties, duties and responsibilities of the parties with respect to that population will be terminated except as specified in Appendix P as of the date funding expires. If the Ohio General Assembly or the United States government fails at any time to provide sufficient funding for ODM or the State of Ohio to make payments due under this Provider Agreement, this Provider Agreement will terminate as of the date funding expires without further obligation of ODM or the State of Ohio.

NONRENEWAL AND TERMINATION. A. This Agreement may be terminated, pursuant to Section 5.5 of the Three-Way or by ODM or the MCOP upon written notice in accordance with the applicable rule(s) of the OAC, with termination to occur at the end of the last day of the termination month. If the Three-Way is terminated, and XXX ODM decides to enter into a new Agreement with the MCOP, MCOP shall be required to enter into a new Agreement with ODM that shall begin the day after the termination of the Three-Way. By executing this Agreement, XXXX MCOP expressly agrees to be bound by this provision of the Agreement. If the option to enter into a new Agreement per this Section is exercised, the MCOP will be provided a copy of the proposed new Agreement for review prior to execution. The terms of the new Agreement will not be unconscionable or capricious and the parties agree to negotiate in good faith. B. Subsequent to receiving a notice of termination from ODM, the MCOP beginning on the effective date of the termination, shall cease provision of services on the terminated activities under this Agreement; terminate all subcontracts relating to such terminated activities, take all necessary or appropriate steps to limit disbursements and minimize costs, and comply with the requirements specified in this Agreement, as of the date of receipt of notice of termination describing the status of all services under this Agreement. C. In the event of termination under this Article, the MCOP shall be entitled to request reconciliation of reimbursements through the final month for which services were provided under this Agreement, in accordance with the reimbursement provisions of this Agreement. The MCOP agrees to waive any right to, and shall make no claim for, additional compensation against ODM by reason of such suspension or termination. D. In the event of termination under this Article, MCOP shall return all records in their native format relating to cost, work performed, supporting documentation for invoices submitted to ODM, and copies of all materials produced under or pertaining to this Agreement. E. ODM may, in its sole discretion, terminate or fail to renew this Agreement if the MCOP or MCOP's subcontractors violate or fail to comply with the provisions of this Agreement or other provisions of law or regulation governing the Medicaid program. Where ODM proposes to terminate or refuse to enter into a provider agreement, the provisions of applicable sections of the OAC with respect to ODM's suspension, termination or refusal to enter into a provider agreement may apply Pursuant to ORC section 5164.38, the MCOP does not have the right to request an adjudication hearing under ORC Chapter 119 to challenge any action taken or decision made by ODM with respect to entering into or refusing to enter into a provider agreement with the MCOP pursuant to ORC Section 5167.10. F. The MCOP understands that availability of funds to fulfill the terms of this Agreement is contingent on appropriations made by the Ohio General Assembly and the United States government for funding the Medicaid program. If sufficient funds are not available from the Ohio General Assembly or the United States government to make payments on behalf of a specific population (Aged, Blind, Disabled, Covered Families and Children, or Adult Extension) to fulfill the terms of this Agreement, the obligations, duties, duties and responsibilities of the parties with respect to that population will be terminated except as specified in Appendix P as of the date funding expires. If the Ohio General Assembly or the United States government fails at any time to provide sufficient funding for ODM or the State of Ohio to make payments due under this Agreement, this Agreement will terminate as of the date funding expires without further obligation of ODM or the State of Ohio.

NONRENEWAL AND TERMINATION. A. This Agreement may be terminated, pursuant to Section 5.5 of the Three-Way Three‐Way or by ODM or the MCOP upon written notice in accordance with the applicable rule(s) of the OAC, with termination to occur at the end of the last day of the termination month. If the Three-Way Three‐Way is terminated, and XXX ODM decides to enter into a new Agreement with the MCOP, MCOP shall be required to enter into a new Agreement with ODM that shall begin the day after the termination of the Three-WayThree‐Way. By executing this Agreement, XXXX MCOP expressly agrees to be bound by this provision of the Agreement. If the option to enter into a new Agreement per this Section is exercised, the MCOP will be provided a copy of the proposed new Agreement for review prior to execution. The terms of the new Agreement will not be unconscionable or capricious and the parties agree to negotiate in good faith. B. Subsequent to receiving a notice of termination from ODM, the MCOP beginning on the effective date of the termination, shall cease provision of services on the terminated activities under this Agreement; terminate all subcontracts relating to such terminated activities, take all necessary or appropriate steps to limit disbursements and minimize costs, and comply with the requirements specified in this Agreement, as of the date of receipt of notice of termination describing the status of all services under this Agreement. C. In the event of termination under this Article, the MCOP shall be entitled to request reconciliation of reimbursements through the final month for which services were provided under this Agreement, in accordance with the reimbursement provisions of this Agreement. The MCOP agrees to waive any right to, and shall make no claim for, additional compensation against ODM by reason of such suspension or termination. D. In the event of termination under this Article, MCOP shall return all records in their native format relating to cost, work performed, supporting documentation for invoices submitted to ODM, and copies of all materials produced under or pertaining to this Agreement. E. ODM may, in its sole discretion, terminate or fail to renew this Agreement if the MCOP or MCOP's subcontractors violate or fail to comply with the provisions of this Agreement or other provisions of law or regulation governing the Medicaid program. Where ODM proposes to terminate or refuse to enter into a provider agreement, the provisions of applicable sections of the OAC with respect to ODM's suspension, termination or refusal to enter into a provider agreement may apply Pursuant to ORC section 5164.38, the MCOP does not have the right to request an adjudication hearing under ORC Chapter 119 of the ORC to challenge any action taken or decision made by ODM with respect to entering into or refusing to enter into a provider agreement with the MCOP pursuant to ORC Section 5167.10section 5167.10 of the Revised Code. F. The MCOP understands that availability of funds to fulfill the terms of this Agreement is contingent on appropriations made by the Ohio General Assembly and the United States government for funding the Medicaid program. If sufficient funds are not available from the Ohio General Assembly or the United States government to make payments on behalf of a specific population (Aged, Blind, Disabled, Covered Families and Children, or Adult Extension) to fulfill the terms of this Agreement, the obligations, duties, duties and responsibilities of the parties with respect to that population will be terminated except as specified in Appendix P as of the date funding expires. If the Ohio General Assembly or the United States government fails at any time to provide sufficient funding for ODM or the State of Ohio to make payments due under this Agreement, this Agreement will terminate as of the date funding expires without further obligation of ODM or the State of Ohio.

NONRENEWAL AND TERMINATION. A. This Agreement may be terminated, pursuant to Section 5.5 of by the Three-Way or by ODM or the MCOP MCP upon written notice in accordance with the applicable rule(s) of the OAC, with termination to occur at the end of the last day of the termination month. If the Three-Way is terminated, and XXX decides to enter into a new Agreement with the MCOP, MCOP shall be required to enter into a new Agreement with ODM that shall begin the day after the termination of the Three-Way. By executing this Agreement, XXXX expressly agrees to be bound by this provision of the Agreement. If the option to enter into a new Agreement per this Section is exercised, the MCOP will be provided a copy of the proposed new Agreement for review prior to execution. The terms of the new Agreement will not be unconscionable or capricious and the parties agree to negotiate in good faith. B. Subsequent to receiving a notice of termination from ODM, the MCOP MCP beginning on the effective date of the termination, shall cease provision of services on the terminated activities under this Agreement; terminate all subcontracts relating to such terminated activities, take all necessary or appropriate steps to limit disbursements and minimize costs, and comply with the requirements specified in this Agreement, as of the date of receipt of notice of termination describing the status of all services under this Agreement. C. In the event of termination under this Article, the MCOP MCP shall be entitled to request reconciliation of reimbursements through the final month for which services were provided under this Agreement, in accordance with the reimbursement provisions of this Agreement. The MCOP MCP agrees to waive any right to, and shall make no claim for, additional compensation against ODM by reason of such suspension or termination. D. In the event of termination under this Article, MCOP the MCP shall return all records in their native format relating to cost, work performed, supporting documentation for invoices submitted to ODM, and copies of all materials produced under or pertaining to this Agreement. E. ODM may, in its sole discretion, terminate or fail to renew this Agreement if the MCOP MCP or MCOPMCP's subcontractors violate or fail to comply with the provisions of this Agreement or other provisions of law or regulation governing the Medicaid program. Where ODM proposes to terminate or refuse to enter into a provider agreement, the provisions of applicable sections of the OAC with respect to ODM's suspension, termination or refusal to enter into a provider agreement may apply Pursuant shall apply, including the MCP's right to request an adjudication hearing under ORC section 5164.38, the MCOP Chapter 119. The MCP does not have the right to request an adjudication hearing under ORC Chapter 119 to challenge any action taken or decision made by ODM with respect to entering into or refusing to enter into a provider agreement with the MCOP MCP pursuant to ORC Section section 5167.10. F. When initiated by the MCP, termination of or failure to renew the Agreement requires written notice to be received by ODM at least 240 calendar days in advance of the termination or renewal date, provided, however, that termination or non-renewal shall be effective at the end of the last day of a calendar month. In the event of non-renewal of the Agreement with ODM, if the MCP is unable to provide the required number of days of notice to ODM prior to the date when the Agreement expires, then the Agreement shall be deemed extended to the last day of the month that meets the required number of days from the date of the termination notice, and both parties shall, for that time, continue to fulfill their duties and obligations as set forth herein. If the MCP wishes to terminate or not renew their Agreement for a specific region(s), ODM reserves the right to initiate a procurement process to select additional MCPs to serve Medicaid consumers in that region(s). ODM, at its discretion, may use the MCP’s termination or non-renewal of this Agreement as a factor in any future procurement process. G. The MCOP MCP understands that availability of funds to fulfill the terms of this Agreement is contingent on appropriations made by the Ohio General Assembly and the United States government for funding the Medicaid program. If sufficient funds are not available from the Ohio General Assembly or the United States government to make payments on behalf of a specific population (Aged, Blind, Disabled, Covered Families and ChildrenModified Adjusted Gross Income, or Adult Extension) to fulfill the terms of this Agreement, the obligations, duties, and responsibilities of the parties with respect to that population will be terminated except as specified in Appendix P as of the date funding expires. If the Ohio General Assembly or the United States government fails at any time to provide sufficient funding for ODM or the State of Ohio to make payments due under this Agreement, this Agreement will terminate as of the date funding expires without further obligation of ODM or the State of Ohio.