Other Remedial Courses of Action Sample Clauses

Other Remedial Courses of Action. If the School is in violation of 22-30.5-511 (3) or (4), CRS, state or federal law or administrative regulations, or materially breaches the Contract, the Institute may, but is not required to, take other remedial actions prior to initiating revocation procedures in accordance with Section 12. Prior to taking any action other than as set forth in Section 3.5 (iii) or (iv) below, the Institute will send a notice of breach and provide the School with an opportunity to cure the deficiency, in accordance with Institute rules. The notice will state the deficiency and the basis for it, an opportunity for the School to contest the deficiency, the timeframe for curing the deficiency, and the expected results. Courses of action include, but are not limited to, those listed below. These actions may be applied individually, in succession, or simultaneously.
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Other Remedial Courses of Action. The Institute may revoke or deny renewal of the Contract for any of the grounds set forth in CRS22-30.5-511 and 1 C.C.R. 302-1, Rule
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Other Remedial Courses of Action. The Institute may revoke or deny renewal of the Contract for any of the grounds set forth in C.R.S.22-30.5-511 and 1 C.C.R. 302-1, Rule 10.00. In accordance with Institute policy, the Institute may, at its sole discretion, take other remedial actions prior to initiating revocation procedures in accordance with Section 11. Remedies include, but are not limited to, those listed below. These remedies may be applied individually, in succession, or simultaneously. Withholding of some or all of the funds due to the School. This action may be taken in situations as allowed by C.R.S. 22-30.5-105(2)(c)(IV), which include failure to submit reports and budgets listed on the CSI online compliance calendar (or its replacement) or as otherwise required by law, regulation, or Institute policy by the established deadlines. Seeking or requiring technical assistance from the Colorado Department of Education or another organization if the School is required to prepare and implement a priority improvement plan or turnaround plan. Requesting that the Commissioner issue a temporary or preliminary order in accordance with C.R.S. 22-30.5-701 et seq., Taking immediate control of the School or some portion thereof. Notwithstanding any other provision of this Contract, in the case of any breach which the Institute determines in good faith poses a serious threat to the School or Institute students, the community, or the property rights of the Institute or School, the Institute may, but is not required to, take immediate control of the School pursuant to C.R.S. 22-30.5-703, and may exercise any portion or all power and authority over the School for such period of time as may be necessary to deal with such threat. These additional rights of the Institute will continue during the pendency of any dispute resolution process with respect to any alleged breach.
Sample 1
Other Remedial Courses of Action. If the School is in violation of C.R.S. § 22- 30.5-511, state or federal law or administrative regulations, or materially breaches the Contract, the Institute may, but is not required to, take other remedial actions prior to initiating revocation procedures in accordance with Section 11. Prior to taking any action other than as set forth in Section 3.5 (iii) or (iv), the Institute will send a notice of breach and provide the School with an opportunity to cure the deficiency, in accordance with Institute policy. The notice will state the deficiency and the basis for it, an opportunity for the School to contest the deficiency, the timeframe for curing the deficiency, and the expected results. The Institute may require the submission of a plan to remedy the deficiency. Upon the written request of the Institute, the School shall develop a plan to remedy the failure or deficiency and submit it to the Institute for review and comment. The plan may be revised at the discretion of the School, with the agreement of the Institute. The Institute may require the School to review and revise the plan if it reasonably determines that the plan is not effective in remedying the deficiency. This remedy may be applied if the School (a) fails to make progress toward achieving its goals and objectives as described in this Contract after a reasonable period of time, (b) fails to achieve Institute accreditation requirements, (c) fails to implement its educational program as described in this Contract after a reasonable period of time, or (d) fails to complete two or more required reports by the established deadlines. Courses of action which may be undertaken by the Institute to insure compliance include, but are not limited to, those listed below. These actions may be applied individually, in succession, or simultaneously.
Sample 1

Related to Other Remedial Courses of Action

  • Rights of Action All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.

  • Litigation There is no action, suit, inquiry, notice of violation, proceeding or investigation pending or, to the knowledge of the Company, threatened against or affecting the Company, any Subsidiary or any of their respective properties before or by any court, arbitrator, governmental or administrative agency or regulatory authority (federal, state, county, local or foreign) (collectively, an “Action”) which (i) adversely affects or challenges the legality, validity or enforceability of any of the Transaction Documents or the Securities or (ii) could, if there were an unfavorable decision, have or reasonably be expected to result in a Material Adverse Effect. Neither the Company nor any Subsidiary, nor any director or officer thereof, is or has been the subject of any Action involving a claim of violation of or liability under federal or state securities laws or a claim of breach of fiduciary duty. There has not been, and to the knowledge of the Company, there is not pending or contemplated, any investigation by the Commission involving the Company or any current or former director or officer of the Company. The Commission has not issued any stop order or other order suspending the effectiveness of any registration statement filed by the Company or any Subsidiary under the Exchange Act or the Securities Act.

  • Legal Action If you are dissatisfied with the determination of your claim, and have complied with applicable state and federal law, you are entitled to seek judicial review. This review will take place in an appropriate court of law. Under state law, you may not begin court proceedings prior to the expiration of sixty (60) days after the date you filed your claim. In no event may legal action be taken against us later than three (3) years from the date you were required to file the claim. For members covered by a group (employer sponsored) health plan, your plan may be subject to the Employee Retirement Income Security Act of 1974 (ERISA), as amended. Under federal law, if your plan is subject to ERISA you may have the right to bring legal action under section 502(a) of ERISA after you have exhausted all appeals available under the plan. That means, for both medical and administrative appeals, federal law requires that you pursue a final decision from the plan, prior to filing suit under section 502(a) of ERISA. For a medical appeal, that final decision is the determination of the appeal. You are not required to submit your claim to external review prior to filing a suit under section 502(a) of ERISA. Consult your employer to determine whether this applies to you and what your rights and obligations may be. If you are dissatisfied with the decision on your claim, and have complied with applicable state and federal law, you are entitled to seek judicial review. This review will take place in an appropriate court of law.

  • Discontinuance of Proceedings In case the Collateral Agent shall have instituted any proceeding to enforce any right, power or remedy under this Agreement by foreclosure, sale, entry or otherwise, and such proceeding shall have been discontinued or abandoned for any reason or shall have been determined adversely to the Collateral Agent, then and in every such case the relevant Assignor, the Collateral Agent and each holder of any of the Obligations shall be restored to their former positions and rights hereunder with respect to the Collateral subject to the security interest created under this Agreement, and all rights, remedies and powers of the Collateral Agent shall continue as if no such proceeding had been instituted.

  • COMPLAINTS AND INVESTIGATIONS 1. This article applies to complaints or allegations made externally and not from normal supervisory activities.

  • Legal Actions A Receiver may bring, prosecute, enforce, defend and abandon any action, suit or proceedings in relation to any Security Asset which he thinks fit.

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