Notice of Breach of this CAP and Intent to Impose Civil Money Penalty Sample Clauses

Notice of Breach of this CAP and Intent to Impose Civil Money Penalty. The parties agree that a breach of this CAP by Advocate or any Advocate Entity constitutes a breach of the Agreement. Upon determination by HHS that Advocate or any Advocate Entity has breached this CAP, HHS may notify the Contact Person and the Assessor of: (1) the breach; and (2) HHS' intent to impose a civil money penalty ("CMP"), pursuant to 45 CF.R. Part 160, or other remedies for the Covered Conduct set forth in paragraph I.2 of the Agreement and any other conduct that constitutes a violation of the HIPAA Rules ("Notice of Breach and Intent to Impose CMP").
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Notice of Breach of this CAP and Intent to Impose Civil Money Penalty. The Parties agree that a breach of this CAP by UM constitutes a breach of the Agreement. Upon a determination by HHS that UM has breached this CAP, HHS may notify UM of
Notice of Breach of this CAP and Intent to Impose Civil Money Penalty. The Parties agree that a breach of this CAP by EHP constitutes a breach of the Agreement. Upon a determination by HHS that EHP has breached this CAP, HHS may notify EHP via email and overnight hardcopy delivery of: (1) its belief that EHP has breached the agreement and the basis thereof; and (2) HHS’ intent to impose a CMP pursuant to 45 C.F.R. Part 160, for the Covered Conduct set forth in section I.2 of the Agreement (“Notice of Breach and Intent to Impose CMP”), including the amount of such CMP.
Notice of Breach of this CAP and Intent to Impose Civil Money Penalty. The Parties agree that a breach of this CAP by EHP constitutes a breach of the Agreement. Upon a determination by HHS that EHP has breached this CAP, HHS may notify EHP via email and overnight hardcopy delivery of: (1) its belief that EHP has breached the agreement and the basis thereof; and (2) HHS’ intent to impose a CMP pursuant to 45 C.F.R. Part 160, for the Covered Conduct set forth in section I.2 of the Agreement (“Notice of Breach and Intent to Impose CMP”), including the amount of such CMP.

Related to Notice of Breach of this CAP and Intent to Impose Civil Money Penalty

  • Exclusion for Material Breach of this CIA 1. Definition of Material Breach. A material breach of this CIA means:

  • Breach of Agreement Failure by the party to comply with or perform any agreement or obligation (other than an obligation to make any payment under this Agreement or delivery under Section 2(a)(i) or 2(e) or to give notice of a Termination Event or any agreement or obligation under Section 4(a)(i), 4(a)(iii) or 4(d)) to be complied with or performed by the party in accordance with this Agreement if such failure is not remedied on or before the thirtieth day after notice of such failure is given to the party;

  • Termination of this Agreement (a) The Representative shall have the right to terminate this Agreement by giving notice to the Company as hereinafter specified at any time at or prior to the Closing Date or any Option Closing Date (as to the Option Shares to be purchased on such Option Closing Date only), if in the discretion of the Representative, (i) there has occurred any material adverse change in the securities markets or any event, act or occurrence that has materially disrupted, or in the opinion of the Representative, will in the future materially disrupt, the securities markets or there shall be such a material adverse change in general financial, political or economic conditions or the effect of international conditions on the financial markets in the United States is such as to make it, in the judgment of the Representative, inadvisable or impracticable to market the Shares or enforce contracts for the sale of the Shares (ii) trading in the Company’s Common Stock shall have been suspended by the Commission or Nasdaq or trading in securities generally on the Nasdaq Stock Market, the NYSE or the NYSE MKT shall have been suspended, (iii) minimum or maximum prices for trading shall have been fixed, or maximum ranges for prices for securities shall have been required, on the Nasdaq Stock Market, the NYSE or NYSE American, by such exchange or by order of the Commission or any other governmental authority having jurisdiction, (iv) a banking moratorium shall have been declared by federal or state authorities, (v) there shall have occurred any attack on, outbreak or escalation of hostilities or act of terrorism involving the United States any declaration by the United States of a national emergency or war, any substantial change or development involving a prospective substantial change in United States or other international political, financial or economic conditions or any other calamity or crisis, or (vi) the Company suffers any loss by strike, fire, flood, earthquake, accident or other calamity, whether or not covered by insurance, or (vii) in the judgment of the Representative, there has been, since the time of execution of this Agreement or since the respective dates as of which information is given in the Registration Statement, the Time of Sale Disclosure Package or the Final Prospectus, any material adverse change in the assets, properties, condition, financial or otherwise, or in the results of operations, business affairs or business prospects of the Company, whether or not arising in the ordinary course of business. Any such termination shall be without liability of any party to any other party except that the provisions of Section 5(a)(viii) and Section 7 hereof shall at all times be effective and shall survive such termination.

  • FALSE STATEMENTS; BREACH OF REPRESENTATIONS The Parties acknowledge that this Agreement has been negotiated, and is being executed, in reliance upon the information contained in the Application, and any supplements or amendments thereto, without which the Comptroller would not have approved this Agreement and the District would not have executed this Agreement. By signature to this Agreement, the Applicant:

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