Common use of Operational Remedies Clause in Contracts

Operational Remedies. The remedies described in this section may be used or pursued by HHSC in the context of the routine operation of the Contract and are directed to Contractor's timely and responsive performance of the Work as well as the creation of a flexible and responsive relationship between the Parties. Contractor agrees that HHSC may pursue operational remedies for Items of Noncompliance with the Contract. At any time, and at its sole discretion, HHSC may impose or pursue one or more said remedies for each item of noncompliance. HHSC will determine operational remedies on a case-by-case basis which include, but are not, limited to: (a) Requesting a detailed Corrective Action Plan, subject to HHSC approval, to correct and resolve a deficiency or breach of the Contract; (b) Require additional or different corrective action(s) of HHSC's choice; (c) Suspension of all or part of the Contract or Work; (d) Prohibit Contractor from incurring additional obligations under the Contract; (e) Assessment of liquidated damages as provided in the Contract; (f) Accelerated or additional monitoring; (g) Withholding of payments; and (h) Additional and more detailed programmatic and financial reporting. HHSC's pursuit or non-pursuit of an operational remedy does not constitute a waiver of any other remedy that HHSC may have at law or equity; excuse Contractor's prior substandard performance, relieve Contractor of its duty to comply with performance standards, or prohibit HHSC from assessing additional operational remedies or pursuing other appropriate remedies for continued substandard performance. HHSC will provide notice to Contractor of the imposition of an operational remedy in accordance with this section, with the exception of accelerated monitoring, which may be unannounced. HHSC may require Contractor to file a written response as part of the operational remedy approach.

Operational Remedies. The remedies described in this section may be used or pursued by HHSC in the context of the routine operation of the Contract and are directed to Contractor's timely and responsive performance of the Work as well as the creation of a flexible and responsive relationship between the Parties. Contractor agrees that HHSC may pursue operational remedies for Items of Noncompliance with the Contract. At any time, and at its sole discretion, HHSC may impose or pursue one or more said remedies for each item Item of noncomplianceNoncompliance. HHSC will determine operational remedies on a case-by-case basis which include, but are not, limited to: (a) Requesting a detailed Corrective Action Plan, subject to HHSC approval, to correct and resolve a deficiency or breach of the Contract; (b) Require additional or different corrective action(s) of HHSC's choice; (c) Suspension of all or part of the Contract or Work; (d) Prohibit Contractor from incurring additional obligations under the Contract; (e) Issue Notice to stop Work Orders; (f) Assessment of liquidated damages as provided in the Contract; (fg) Accelerated or additional monitoring; (gh) Withholding of payments; and (hi) Additional and more detailed programmatic and financial reporting. HHSC's pursuit or non-pursuit of an operational remedy does not constitute a waiver of any other remedy that HHSC may have at law or equity; excuse Contractor's prior substandard performance, relieve Contractor of its duty to comply with performance standards, or prohibit HHSC from assessing additional operational remedies or pursuing other appropriate remedies for continued substandard performance. HHSC will provide notice to Contractor of the imposition of an operational remedy in accordance with this section, with the exception of accelerated monitoring, which may be unannounced. HHSC may require Contractor to file a written response as part of the operational remedy approach.

Operational Remedies. The remedies described in this section may be used or pursued by HHSC in the context of the routine operation of the Contract and are directed to ContractorXxxxxxx's timely and responsive performance of the Work as well as the creation of a flexible and responsive relationship between the Parties. Contractor Xxxxxxx agrees that HHSC may pursue operational remedies for Items of Noncompliance with the Contract. At any time, and at its sole discretion, HHSC may impose or pursue one or more said remedies for each item Item of noncomplianceNoncompliance. HHSC will determine operational remedies on a case-by-case basis which include, but are not, limited to: (a) Requesting a detailed Corrective Action Plan, subject to HHSC approval, to correct and resolve a deficiency or breach of the Contract; (b) Require additional or different corrective action(s) of HHSC's choice; (c) Suspension of all or part of the Contract or Work; (d) Prohibit Contractor Grantee from incurring additional obligations under the Contract; (e) Issue Notice to stop Work Orders; (f) Assessment of liquidated damages as provided in the Contract; (fg) Accelerated or additional monitoring; (gh) Withholding of payments; and (hi) Additional and more detailed programmatic and financial reporting. HHSC's pursuit or non-pursuit of an operational remedy does not constitute a waiver of any other remedy that HHSC may have at law or equity; excuse ContractorXxxxxxx's prior substandard performance, relieve Contractor Grantee of its duty to comply with performance standards, or prohibit HHSC from assessing additional operational remedies or pursuing other appropriate remedies for continued substandard performance. HHSC will provide notice to Contractor Grantee of the imposition of an operational remedy in accordance with this section, with the exception of accelerated monitoring, which may be unannounced. HHSC may require Contractor Grantee to file a written response as part of the operational remedy approach.

Operational Remedies. The remedies described in this section may be used or pursued by HHSC in the context of the routine operation of the Contract and are directed to Contractor's ’s timely and responsive performance of the Work as well as the creation of a flexible and responsive relationship between the Parties. Contractor agrees that HHSC may pursue operational remedies for Items of Noncompliance with the Contract. At any time, and at its sole discretion, HHSC may impose or pursue one or more said remedies for each item Item of noncomplianceNoncompliance. HHSC will determine operational remedies on a case-by-case basis which include, but are not, limited to: (a) Requesting a detailed Corrective Action Plan, subject to HHSC approval, to correct and resolve a deficiency or breach of the Contract; (b) Require additional or different corrective action(s) of HHSC's ’s choice; (c) Suspension of all or part of the Contract or Work; (d) Prohibit Contractor from incurring additional obligations under the Contract; (e) Assessment of liquidated damages as provided in the ContractIssue Notice to stop Work Orders; (f) Accelerated or additional monitoring; (g) Withholding of payments; and (h) Additional and more detailed programmatic and financial reporting. HHSC's ’s pursuit or non-pursuit of an operational remedy does not constitute a waiver of any other remedy that HHSC may have at law or equity; excuse Contractor's ’s prior substandard performance, relieve Contractor of its duty to comply with performance standards, or prohibit HHSC from assessing additional operational remedies or pursuing other appropriate remedies for continued substandard performance. HHSC will provide notice to Contractor of the imposition of an operational remedy in accordance with this section, with the exception of accelerated monitoring, which may be unannounced. HHSC may require Contractor to file a written response as part of the operational remedy approach.

Operational Remedies. The remedies described in this section may be used or pursued by HHSC in the context of the routine operation of the Contract and are directed to Contractor's ’s timely and responsive performance of the Work as well as the creation of a flexible and responsive relationship between the Parties. Contractor agrees that HHSC may pursue operational remedies for Items of Noncompliance with the Contract. At any time, and at its sole discretion, HHSC may impose or pursue one or more said remedies for each item Item of noncomplianceNoncompliance. HHSC will determine operational remedies on a case-by-case basis which include, but are not, limited to: (a) Requesting a detailed Corrective Action Plan, subject to HHSC approval, to correct and resolve a deficiency or breach of the Contract; (b) Require additional or different corrective action(s) of HHSC's ’s choice; (c) Suspension of all or part of the Contract or Work; (d) Prohibit Contractor from incurring additional obligations under the Contract; (e) Issue Notice to stop Work Orders; (f) Assessment of liquidated damages as provided in the Contract; (fg) Accelerated or additional monitoring; (gh) Withholding of payments; and (hi) Additional and more detailed programmatic and financial reporting. HHSC's ’s pursuit or non-pursuit of an operational remedy does not constitute a waiver of any other remedy that HHSC may have at law or equity; excuse Contractor's ’s prior substandard performance, relieve Contractor of its duty to comply with performance standards, or prohibit HHSC from assessing additional operational remedies or pursuing other appropriate remedies for continued substandard performance. HHSC will provide notice to Contractor of the imposition of an operational remedy in accordance with this section, with the exception of accelerated monitoring, which may be unannounced. HHSC may require Contractor to file a written response as part of the operational remedy approach.

Operational Remedies. The remedies described in this section may be used or pursued by HHSC in the context of the routine operation of the Contract and are directed to Contractor's ’s timely and responsive performance of the Work as well as the creation of a flexible and responsive relationship between the Parties. Contractor agrees that HHSC may pursue operational remedies for Items of Noncompliance with the Contract. At any time, and at its sole discretion, HHSC may impose or pursue one or more said remedies for each item Item of noncomplianceNoncompliance. HHSC will determine operational remedies on a case-by-case basis which include, but are not, limited to: (a) Requesting a detailed Corrective Action Plan, subject to HHSC approval, to correct and resolve a deficiency or breach of the Contract; (b) Require additional or different corrective action(s) of HHSC's ’s choice; (c) Suspension of all or part of the Contract or Work; (d) Prohibit Contractor from incurring additional obligations under the Contract; (e) Assessment of liquidated damages as provided in the ContractIssue Notice to stop Work Orders; (f) Accelerated or additional monitoring; (g) Withholding of payments; and (h) Additional and more detailed programmatic and financial reporting. HHSC's ’s pursuit or non-pursuit of an operational remedy does not constitute a waiver of any other remedy that HHSC may have at law or equity; excuse Contractor's ’s prior substandard performance, relieve Contractor of its duty to comply with performance standards, or prohibit HHSC from assessing additional operational remedies or pursuing other appropriate remedies for continued substandard performance. HHSC will provide notice to Contractor of the imposition of an operational remedy in accordance with this section, with the exception of accelerated monitoring, which may be unannounced. HHSC may require Contractor to file a written response as part of the operational remedy approach.

Operational Remedies. The remedies described in this section may be used or pursued by HHSC in the context of the routine operation of the Contract and are directed to Contractor's timely and responsive performance of the Work as well as the creation of a flexible and responsive relationship between the Parties. Contractor agrees that HHSC may pursue operational remedies for Items of Noncompliance with the Contract. At any time, and at its sole discretion, HHSC may impose or pursue one or more said remedies for each item Item of noncomplianceNoncompliance. HHSC will determine operational remedies on a case-by-case basis which include, but are not, limited to: (a) Requesting a detailed Corrective Action Plan, subject to HHSC approval, to correct and resolve a deficiency or breach of the Contract; (b) Require additional or different corrective action(s) of HHSC's choice; (c) Suspension of all or part of the Contract or Work; (d) Prohibit Contractor from incurring additional obligations under the Contract; (e) Issue Notice to stop Work Orders; (f) Assessment of liquidated damages as provided in the Contract; (fg) Accelerated or additional monitoring; (gh) Withholding of payments; and (hi) Additional and more detailed programmatic and financial reporting. HHSC's pursuit or non-pursuit of an operational remedy does not constitute a waiver of any other remedy that HHSC may have at law or equity; excuse Contractor's prior substandard performance, relieve Contractor of its duty to comply with performance standards, or prohibit HHSC from assessing additional operational remedies or pursuing other appropriate remedies for continued substandard performance. HHSC will provide notice to Contractor of the imposition of an operational remedy in accordance with this section, with the exception of accelerated monitoring, which may be unannounced. HHSC may require Contractor to file a written response as part of the operational remedy approach.

Operational Remedies. The remedies described in this section may be used or pursued by HHSC in the context of the routine operation of the Contract and are directed to Contractor's timely and responsive performance of the Work as well as the creation of a flexible and responsive relationship between the Parties. Contractor agrees that HHSC may pursue operational remedies for Items of Noncompliance with the Contract. At any time, and at its sole discretion, HHSC may impose or pursue one or more said remedies for each item Item of noncomplianceNoncompliance. HHSC will determine operational remedies on a case-by-case basis which include, but are not, limited to: (a) Requesting a detailed Corrective Action Plan, subject to HHSC approval, to correct and resolve a deficiency or breach of the Contract; (b) Require additional or different corrective action(s) of HHSC's choice; (c) Suspension of all or part of the Contract or Work; (d) Prohibit Contractor from incurring additional obligations under the Contract; (e) Issue Notice to stop Work Orders; (f) Assessment of liquidated damages as provided in the Contract; (fg) Accelerated or additional monitoring; (gh) Withholding of paymentspayments for services disputed by HHSC, provided that HHSC notifies Contractor of the disputed amounts, reasonably describing the basis thereof, within 21 days of receiving the invoice; and (hi) Additional and more detailed programmatic and financial reporting; If HHSC exercises the remedies set forth in (c), (d) and (e), above due to any Deliverables that do not meet their acceptance criteria, Contractor shall have 30 days (or a longer period if agreed in writing by HHSC and Contractor) following notice from HHSC in which to cure such unaccepted Deliverables. HHSC's pursuit or non-pursuit of an operational remedy does not constitute If Contractor fails to cure within the applicable cure period, HHSC may, in its sole discretion, declare a waiver of any other remedy material breach and, without providing a further cure period, terminate the Contract for Cause. If HHSC notifies Contractor that HHSC may have at law or equity; excuse Contractor's prior substandard performanceit must exercise the remedies set forth in subsections (c), relieve Contractor of its duty to comply with performance standards(d), or prohibit HHSC from assessing additional operational remedies or pursuing other appropriate remedies for continued substandard performance. HHSC will provide notice to Contractor of the imposition of an operational remedy in accordance with this section, with the exception of accelerated monitoring, which may be unannounced. HHSC may require Contractor to file a written response as part of the operational remedy approach.and

Operational Remedies. The remedies described in this section may be used or pursued by HHSC in the context of the routine operation of the Contract and are directed to ContractorXxxxxxx's timely and responsive performance of the Work as well as the creation of a flexible and responsive relationship between the Parties. Contractor Xxxxxxx agrees that HHSC may pursue operational remedies for Items of Noncompliance with the Contract. At any time, and at its sole discretion, HHSC may impose or pursue one or more said remedies for each item Item of noncomplianceNoncompliance. HHSC will determine operational remedies on a case-by-case basis which include, but are not, limited to: (a) Requesting a detailed Corrective Action Plan, subject to HHSC approval, to correct and resolve a deficiency or breach of the Contract; (b) Require additional or different corrective action(s) of HHSC's choice; (c) Suspension of all or part of the Contract or Work; (d) Prohibit Contractor Grantee from incurring additional obligations under the Contract; (e) Issue Notice to stop Work Orders; (f) Assessment of liquidated damages as provided in the Contract; (fg) Accelerated or additional monitoring; (gh) Withholding of payments; and (hi) Additional and more detailed programmatic and financial reporting. HHSC's pursuit or non-pursuit of an operational remedy does not constitute a waiver of any other remedy that HHSC may have at law or equity; excuse Contractor's prior Grantee substandard performance, relieve Contractor Grantee of its duty to comply with performance standards, or prohibit HHSC from assessing additional operational remedies or pursuing other appropriate remedies for continued substandard performance. HHSC will provide notice to Contractor Grantee of the imposition of an operational remedy in accordance with this section, with the exception of accelerated monitoring, which may be unannounced. HHSC may require Contractor Grantee to file a written response as part of the operational remedy approach.