Common use of Partial Breach Clause in Contracts

Partial Breach. The STATE and the MCO agree that if the MCO does not perform any of the duties in this Contract, the STATE may, in lieu of terminating this Contract, enforce one of the remedies listed in section 5.4.3 at the STATE’s option. Enforcing one of the remedies shall not be construed to bar other legal or equitable remedies that may be available to the STATE, including, but not limited to criminal prosecution. Concurrent breaches of the same administrative functions may be construed as more than a single breach.

Appears in 2 contracts

Samples: Contract for Minnesota Special Needs Basic Care Program Services, Contract for Minnesota Special Needs Basiccare Program Services

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Partial Breach. The STATE and the MCO agree that if the MCO does not perform any of the duties in this Contract, the STATE may, in lieu of terminating this Contract, enforce one of the remedies listed in section sections 5.4.3 or 5.4.4, at the STATE’s option. Enforcing one of the remedies shall not be construed to bar other legal or equitable remedies that may be available to the STATE, including, but not limited to to, criminal prosecution. Concurrent breaches of the same administrative functions may be construed as more than a single breach.

Appears in 2 contracts

Samples: Contract for Medical Assistance and Minnesotacare Medical Care Services, Contract for Medical Assistance and Minnesotacare Medical Care Services

Partial Breach. The STATE and the MCO agree that if the MCO does not perform any of the duties in this Contract, the STATE may, in lieu of terminating this Contract, enforce one of the remedies listed in section 5.4.3 5.4.1, at the STATE’s option. Enforcing one of the remedies shall not be construed to bar other legal or equitable remedies that may be available to the STATE, including, but not limited to criminal prosecution. Concurrent breaches of the same administrative functions may be construed as more than a single breach.the

Appears in 1 contract

Samples: Contract for Minnesota Senior Health Options and Minnesota Senior Care Plus Services

Partial Breach. The STATE and the MCO agree that if the MCO does not perform any of the duties in this Contract, the STATE may, in lieu of terminating this Contract, enforce one of the remedies listed in section sections 5.4.3 or 5.4.4, at the STATE’s option. Enforcing one of the remedies shall not be construed to bar other legal or equitable remedies that may be available to the STATE, including, but not limited to to, criminal prosecution. Concurrent breaches of the same administrative functions may be construed as more than a single breach.breach.‌

Appears in 1 contract

Samples: Contract for Medical Assistance, General Assistance and Minnesotacare Medical Care Services

Partial Breach. The STATE and the MCO agree that if the MCO does not perform any of the duties in this Contract, the STATE may, in lieu of terminating this Contract, enforce one of the remedies listed in section 5.4.3 5.4.3, at the STATE’s option. Enforcing one of the remedies shall not be construed to bar other legal or equitable remedies that may be available to the STATE, including, but not limited to criminal prosecution. Concurrent breaches of the same administrative functions may be construed as more than a single breach.breach.‌

Appears in 1 contract

Samples: Contract for Minnesota Senior Health Options and Minnesota Senior Care Plus Services

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Partial Breach. The STATE and the MCO agree that if the MCO does not perform any of the duties in this Contract, the STATE may, in lieu of terminating this Contract, enforce one of the remedies listed in section 5.4.3 5.4.3, at the STATE’s option. Enforcing one of the remedies shall not be construed to bar other legal or equitable remedies that may be available to the STATE, including, but not limited to criminal prosecution. Concurrent breaches of the same administrative functions may be construed as more than a single breach.breach.‌‌

Appears in 1 contract

Samples: Contract for Minnesota Senior Health Options and Minnesota Senior Care Plus Services

Partial Breach. The STATE and the MCO agree that if the MCO does not fails to perform any of the duties in this Contract, the STATE may, in lieu of terminating this Contract, enforce one of the remedies listed in section 5.4.3 or 5.4.4, at the STATE’s option. Enforcing one of the remedies shall not be construed to bar other legal or equitable remedies that may be available to the STATE, including, but not limited to criminal prosecution. Concurrent breaches of the same administrative functions may be construed as more than a single breach.breach.‌

Appears in 1 contract

Samples: Contract for Minnesota Disability Health Options Project Services

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