PARTIES AND AUTHORITY TO CONTRACT Sample Clauses

PARTIES AND AUTHORITY TO CONTRACT. 1.1 The Texas Legislature has designated the Texas Health and Human Services Commission (THHSC) as the single State agency to administer the Medicaid program in the State of Texas. THHSC has delegated the authority to operate the Medicaid managed care delivery system for acute care services to TDH. TDH has authority to contract with HMO to carry out the duties and functions of the Medicaid managed care program under Health and Safety Code, Title 2, Section 12.011 and Section 12.021 and Texas Government Code Section 533.001 et seq. 1.2 HMO is a corporation with authority to conduct business in the State of Texas and has a certificate of authority from the Texas Department of Insurance (TDI) to operate as a Health Maintenance Organization (HMO) under Chapter 20A of the Insurance Code. HMO is in compliance with all TDI rules and laws that apply to HMOs. HMO has been authorized to enter into this contract by its Board of Directors or other governing body. HMO is an authorized vendor with TDH and has received a Vendor Identification number from the Texas Comptroller of Public Accounts. 1999 Renewal Contract Tarrant Service Area 7 August 9, 1999 8 1.3 This contract is subject to the approval and on-going monitoring of the federal Health Care Financing Administration (HCFA).
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PARTIES AND AUTHORITY TO CONTRACT. 1.1 The Texas Legislature has designated the Texas Health and Human Services Commission (THHSC) as the single State agency to administer the Medicaid program in the State of Texas. THHSC has delegated the authority to operate the Medicaid managed care delivery system for acute care services to TDH. TDH has authority to contract with HMO to carry out the duties and functions of the Medicaid managed care program under Health and Safety Code, Title 2, Section 12.011 and Section 12.021 and Texas Government Code Section 533.001 et seq. 1.2 HMO is a corporation with authority to conduct business in the State of Texas and has a certificate of authority from the Texas Department of Insurance (TDI) to operate as a Health Maintenance Organization (HMO) under Chapter 20A of the Insurance Code. HMO is in compliance with all TDI rules and laws that apply to HMOs. HMO has been authorized to enter into this contract by its Board of Directors or other governing body. HMO is an authorized vendor with TDH and has received a Vendor Identification number from the Texas Comptroller of Public Accounts. 1999 Renewal Contract Harrxx Xxxvice Area 7 August 9, 1999 8 1.3 This contract is subject to the approval and on-going monitoring of the federal Health Care Financing Administration (HCFA). 1.4 Renewal Review. TDH is required by Human Resources Code Section 32.034(a) and Government Code 533.007 to conduct renewal review of HMO's performance and compliance with this contract as a condition for retention and renewal. 1.4.1 Renewal Review may include a review of HMO's past performance and compliance with the requirements of this contract and on-site inspection of any or all of HMO's systems or processes. 1.4.2 TDH will provide HMO with at least 30 days written notice prior to conducting an HMO renewal review. A report of the results of the renewal review findings will be provided to HMO within 10 weeks from the completion of the renewal review. The renewal review report will include any deficiencies which must be corrected and the timeline within which the deficiencies must be corrected. 1.4.3 TDH reserves the right to conduct on-site inspections of any or all of HMO's systems and processes as often as necessary to ensure compliance with contract requirements. TDH may conduct at least one complete on-site inspection of all systems and processes every three years. TDH will provide six weeks advance notice to HMO of the three year on-site inspection, unless TDH enters into an MOU with...
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PARTIES AND AUTHORITY TO CONTRACT. 1.1 The Texas Legislature has designated the Texas Health and Human Services Commission (HHSC) as the single State agency to administer the Medicaid program in the State of Texas. HHSC has authority to contract with HMO to carry out the duties and functions of the Medicaid managed care program under Texas Health and Safety Code, Title 2, Section 12.011 and Section 12.021 and Texas Government Code Section 533.001 et seq. 1.2 HMO is a corporation with authority to conduct business in the State of Texas and has a certificate of authority from the Texas Department of Insurance (TDI) to operate as a Health Maintenance Organization (HMO) under Chapter 843, Texas Insurance Code. HMO is in compliance with all TDI rules and laws that apply to HMOs. HMO has been authorized to enter into this contract by its Board of Directors or other governing body. HMO is an authorized vendor with HHSC and has received a Vendor Identification number from the Texas Comptroller of Public Accounts. 1.3 This contract is subject to the approval and on-going monitoring of the federal Centers for Medicare and Medicaid Services (CMS).
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PARTIES AND AUTHORITY TO CONTRACT. 1.1 The Texas Legislature has designated the Texas Health and Human Services Commission (THHSC) as the single State agency to administer the Medicaid program in the State of Texas. THHSC has delegated the authority to operate the Medicaid managed care delivery system for acute care services to TDH. TDH has authority to contract with HMO to carry out the duties and functions of the Medicaid managed care program under Health and Safety Code, Title 2, ss.12.011 and ss. 12.021 and Texas Government Code ss.533.00 1 et seq. 1.2 HMO is a corporation with authority to conduct business in the State of Texas and has a certificate of authority from the Texas Department of Insurance (TDI) to operate as a Health Maintenance Organization (HMO) under Chapter 20A of the Insurance Code. HMO is in compliance with all TDI rules and laws that apply to HMOs. HMO has been authorized to enter into this contract by its Board of Directors or other governing body. HMO is an authorized vendor with TDH and has received a Vendor Identification number from the Texas Comptroller of Public Accounts. 1.3 This contract is subject to the approval and on-going monitoring of the federal Health Care Financing Administration (HCFA). 1999 Renewal Contract Xxxxxx Service Area August 9, 1999 2
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PARTIES AND AUTHORITY TO CONTRACT. 1 ARTICLE II DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE III PLAN ADMINISTRATIVE AND HUMAN RESOURCE REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . 12
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PARTIES AND AUTHORITY TO CONTRACT. 1 ARTICLE II DEFINITIONS.............................................. 3
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PARTIES AND AUTHORITY TO CONTRACT. Parties and Authority to Contract, is replaced with the following language, Substituted current contract language to match STAR contract language as follows: STAR+PLUS BBA Amendment STAR+PLUS BBA Amendment Health and Human Services Commission
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PARTIES AND AUTHORITY TO CONTRACT. 1 ARTICLE II DEFINITIONS .................................................. 2 ARTICLE III PLAN ADMINISTRATIVE AND HUMAN RESOURCE REQUIREMENTS .......... 13
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Related to PARTIES AND AUTHORITY TO CONTRACT

  • Authority to Contract Each Party represents and warrants that it has full right, power and authority to enter into and perform its obligations under this Agreement, and that the person signing this Agreement is duly authorized to enter into this Agreement on its behalf.

  • Representative's Authority to Contract By signing this contract, the representative of the contractor thereby represents that such person is duly authorized by the contractor to execute this contract on behalf of the contractor and that the contractor agrees to be bound by the provisions thereof.

  • Transaction is Legal and Authorized The issuance of the Subordinated Notes, the borrowing of the aggregate of the Subordinated Note Amount, the execution of the Transaction Documents and compliance by the Company with all of the provisions of the Transaction Documents are within the corporate and other powers of the Company.

  • Appointment and Authority (a) Each of the Lenders and the L/C Issuer hereby irrevocably appoints Bank of America to act on its behalf as the Administrative Agent hereunder and under the other Loan Documents and authorizes the Administrative Agent to take such actions on its behalf and to exercise such powers as are delegated to the Administrative Agent by the terms hereof or thereof, together with such actions and powers as are reasonably incidental thereto. The provisions of this Article are solely for the benefit of the Administrative Agent, the Lenders and the L/C Issuer, and neither the Borrower nor any other Loan Party shall have rights as a third party beneficiary of any of such provisions. It is understood and agreed that the use of the term “agent” herein or in any other Loan Documents (or any other similar term) with reference to the Administrative Agent is not intended to connote any fiduciary or other implied (or express) obligations arising under agency doctrine of any applicable Law. Instead such term is used as a matter of market custom, and is intended to create or reflect only an administrative relationship between contracting parties. (b) The Administrative Agent shall also act as the “collateral agent” under the Loan Documents, and each of the Lenders (including in its capacities as a potential Hedge Bank) and the L/C Issuer hereby irrevocably appoints and authorizes the Administrative Agent to act as the agent of such Lender and the L/C Issuer for purposes of acquiring, holding and enforcing any and all Liens on Collateral granted by any of the Loan Parties to secure any of the Obligations, together with such powers and discretion as are reasonably incidental thereto. In this connection, the Administrative Agent, as “collateral agent” and any co-agents, sub-agents and attorneys-in-fact appointed by the Administrative Agent pursuant to Section 9.05 for purposes of holding or enforcing any Lien on the Collateral (or any portion thereof) granted under the Collateral Documents, or for exercising any rights and remedies thereunder at the direction of the Administrative Agent, shall be entitled to the benefits of all provisions of this Article IX and Article XI (including Section 11.04(c), as though such co-agents, sub-agents and attorneys-in-fact were the “collateral agent” under the Loan Documents) as if set forth in full herein with respect thereto.

  • Appointment and Authorization Each Lender hereby designates and appoints the Agent and the Collateral Agent (collectively, the “Appointed Agents”) as its agents under this Agreement and the other Loan Documents and each Lender hereby irrevocably authorizes each Appointed Agent, in its respective capacity, to take such action on its behalf under the provisions of this Agreement and each other Loan Document and to exercise such powers and perform such duties as are expressly delegated to it by the terms of this Agreement or any other Loan Document, together with such powers as are reasonably incidental thereto. Each Appointed Agent agrees to act as such on the express conditions contained in this Article XIII. The provisions of this Article XIII (other than Sections 13.9, 13.10(a) and 13.10(b)) are solely for the benefit of the Appointed Agents and the Lenders, and the Borrower shall have no rights as third party beneficiaries of any of the provisions contained herein. Notwithstanding any provision to the contrary contained elsewhere in this Agreement or in any other Loan Document, each Appointed Agent shall not have any duties or responsibilities, except those expressly set forth herein, nor shall any Appointed Agent have or be deemed to have any fiduciary relationship with any Lender, and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Agreement or any other Loan Document or otherwise exist against any Appointed Agent. Without limiting the generality of the foregoing sentence, the use of the term “agent” in this Agreement with reference to any Appointed Agent is not intended to connote any fiduciary or other implied (or express) obligations arising under agency doctrine of any applicable law. Instead, such term is used merely as a matter of market custom, and is intended to create or reflect only an administrative relationship between independent contracting parties. Except as expressly otherwise provided in this Agreement, each Appointed Agent shall have and may use its sole discretion with respect to exercising or refraining from exercising any discretionary rights or taking or refraining from taking any actions which such Appointed Agent is expressly entitled to take or assert under this Agreement and the other Loan Documents, including (a) the determination of the applicability of ineligibility criteria with respect to the calculation of the Borrowing Base, (b) the making of Agent Advances pursuant to Section 2.4(g) and (c) the exercise of remedies pursuant to Section 10.2, and any action so taken or not taken shall be deemed consented to by the Lenders.

  • Existence, Power and Authority If not a natural person, the Borrower is duly organized, validly existing and in good standing under the laws of the State of its incorporation or organization and has the power and authority to own and operate its assets and to conduct its business as now or proposed to be carried on, and is duly qualified, licensed and in good standing to do business in all jurisdictions where its ownership of property or the nature of its business requires such qualification or licensing. The Borrower is duly authorized to execute and deliver the Loan Documents, all necessary action to authorize the execution and delivery of the Loan Documents has been properly taken, and the Borrower is and will continue to be duly authorized to borrow under this Agreement and to perform all of the other terms and provisions of the Loan Documents.

  • Organization and Authority of Buyer Buyer is a corporation duly organized, validly existing and in good standing under the Laws of the state of Delaware. Buyer has full corporate power and authority to enter into this Agreement and the other Transaction Documents to which Buyer is a party, to carry out its obligations hereunder and thereunder and to consummate the transactions contemplated hereby and thereby. The execution and delivery by Buyer of this Agreement and any other Transaction Document to which Buyer is a party, the performance by Buyer of its obligations hereunder and thereunder and the consummation by Buyer of the transactions contemplated hereby and thereby have been duly authorized by all requisite corporate action on the part of Buyer. This Agreement has been duly executed and delivered by Buyer, and (assuming due authorization, execution and delivery by Seller) this Agreement constitutes a legal, valid and binding obligation of Buyer enforceable against Buyer in accordance with its terms. When each other Transaction Document to which Buyer is or will be a party has been duly executed and delivered by Buyer (assuming due authorization, execution and delivery by each other party thereto), such Transaction Document will constitute a legal and binding obligation of Buyer enforceable against it in accordance with its terms.

  • Power and Authority The Servicer has the corporate power and authority to execute and deliver this Agreement and to carry out its terms; and the execution, delivery and performance of this Agreement have been duly authorized by the Servicer by all necessary corporate action.

  • Organization and Authority of Seller (a) Seller is a corporation duly organized, validly existing and in good standing under the Laws of the state of Delaware, except where the failure to be in good standing would not reasonably be expected to prevent or materially impede, interfere with, hinder or delay the ability of Seller and its Subsidiaries to consummate the transactions contemplated by this Agreement and the Ancillary Agreements. Seller (or, if applicable, a Subsidiary of Seller) has all requisite corporate power and authority to enter into this Agreement and each of the Ancillary Agreements to which it is or will be a party, carry out its obligations hereunder and thereunder and consummate the transactions contemplated by this Agreement or the Ancillary Agreements (including all power and authority to sell, assign, transfer and convey the Shares as provided by this Agreement and to effect the Restructuring). (b) The execution and delivery by Seller of this Agreement and any Ancillary Agreements to which it (or, if applicable, a Subsidiary of Seller) is or will be a party, the performance by Seller (or, if applicable, a Subsidiary of Seller) of its obligations hereunder and thereunder and the consummation by Seller (or, if applicable, a Subsidiary of Seller) of the transactions contemplated hereby and thereby have been and, in the case of the transactions contemplated by the Ancillary Agreements and the Restructuring, will be prior to Closing, duly and validly authorized and approved by all requisite corporate or other similar action on the part of Seller (or, if applicable, a Subsidiary of Seller). (c) This Agreement has been duly and validly executed and delivered by Seller, and (assuming due authorization, execution and delivery by Buyer) this Agreement constitutes a legal, valid and binding obligation of Seller enforceable against Seller in accordance with its terms, except as such enforceability may be limited by bankruptcy, insolvency, moratorium or similar Laws affecting creditors’ rights generally and by general equity principles (the “Enforceability Limitations”). (d) Each of the Ancillary Agreements to which Seller or its Subsidiary is or will be a party has been or will be duly and validly executed and delivered by Seller or such Subsidiary, and (assuming due authorization, execution and delivery by the other party or parties thereto) constitutes or will constitute a legal, valid and binding obligation of Seller or such Subsidiary enforceable against Seller or such Subsidiary in accordance with its terms, except as such enforceability may be limited by the Enforceability Limitations.

  • Organization; Power and Authority The Company is a corporation duly organized, validly existing and in good standing under the laws of its jurisdiction of incorporation, and is duly qualified as a foreign corporation and is in good standing in each jurisdiction in which such qualification is required by law, other than those jurisdictions as to which the failure to be so qualified or in good standing could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. The Company has the corporate power and authority to own or hold under lease the properties it purports to own or hold under lease, to transact the business it transacts and proposes to transact, to execute and deliver this Agreement and the Notes and to perform the provisions hereof and thereof.

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