Common use of Other Repercussions Clause in Contracts

Other Repercussions. If MVEMSA, with recommendation of the Emergency Medical Services Committee (EMSC) or other oversight committee designated by the MVEMSA Executive Director, determines that Contractor for 3 consecutive compliance periods has failed to maintain Response Time compliance as required by this Agreement and/or more than 6 compliance periods in a single area in any rolling 12‐month period, the MVEMSA may determine that there is a breach. Therefore, prior to invoking a breach of contract for Response Time non-compliance, MVEMSA shall provide Contractor an opportunity to cure any failure to comply with Response Time requirements and agrees not to invoke the breach provision Response Time if Contractor demonstrates best efforts to resolve issues contributing to Contractor’s failure to meet the Response Time compliance requirements. Actions constituting best efforts include, but are not limited to the following: 1. Contractor agrees to conduct and participate in a process review study to identify causes and opportunities to reduce the number of Extended Responses. 2. In consultation with MVEMSA, Contractor agrees it will utilize available resources and technology that do not unreasonably impact Contractor’s cost or revenue to implement all process review study recommendations. 3. Contractor agrees to conduct 100% review (Clinical and Operations) on Extended Response calls. Notwithstanding the foregoing, Contractor shall not be entitled to a cure opportunity under this Paragraph if it has previously been afforded two such cure opportunities during the preceding three years.

Other Repercussions. If MVEMSA, with recommendation of the Emergency Medical Services Committee (EMSC) or other oversight committee designated by the MVEMSA Executive Director, determines that Contractor for 3 three consecutive compliance periods has failed to maintain Response Time compliance as required by this Agreement and/or more than 6 compliance periods in a single area zone in any rolling 12‐month period, the MVEMSA may determine that there is a breach. Therefore, prior to invoking a breach of contract for Response Time non-compliance, MVEMSA shall provide Contractor an opportunity to cure any failure to comply with Response Time requirements and agrees not to invoke the breach provision Response Time if Contractor demonstrates best efforts to resolve issues contributing to Contractor’s failure to meet the Response Time compliance requirements. Actions constituting best efforts include, but are not limited to the following: 1. Contractor agrees to conduct and participate in a process review study to identify causes and opportunities to reduce the number of Extended Responses. 2. In consultation with MVEMSA, Contractor agrees it will utilize available resources and technology that do not unreasonably impact Contractor’s cost or revenue to implement all process review study recommendations. 3. Contractor agrees to conduct 100% review (Clinical and Operations) on Extended Response calls. Notwithstanding the foregoing, Contractor shall not be entitled to a cure opportunity under this Paragraph if it has previously been afforded two such cure opportunities during the preceding three years.

Other Repercussions. If MVEMSA, with recommendation of the Emergency Medical Services Care Committee (EMSCEMCC) or other oversight committee designated by the MVEMSA Executive Director, determines that Contractor for 3 consecutive compliance periods has failed to maintain Response Time compliance as required by this Agreement and/or more than 6 compliance periods in a single area zone in any rolling 12‐month period, the MVEMSA may determine that there is a breach. Therefore, prior to invoking a breach of contract for Response Time non-compliance, MVEMSA shall provide Contractor an opportunity to cure any failure to comply with Response Time requirements and agrees not to invoke the breach provision Response Time if Contractor demonstrates best efforts to resolve issues contributing to Contractor’s failure to meet the Response Time compliance requirements. Actions constituting best efforts include, but are not limited to the following: 1. Contractor agrees to conduct and participate in a process review study to identify causes and opportunities to reduce the number of Extended Responses. 2. In consultation with MVEMSA, Contractor agrees it will utilize available resources and technology that do not unreasonably impact Contractor’s cost or revenue to implement all process review study recommendations. 3. Contractor agrees to conduct 100% review (Clinical and Operations) on Extended Response calls. Notwithstanding the foregoing, Contractor shall not be entitled to a cure opportunity under this Paragraph if it has previously been afforded two such cure opportunities during the preceding three years.