Provisions Governing Other Potential Modifications Sample Clauses

Provisions Governing Other Potential Modifications. Any request to initiate a reevaluation of the Approved Regulated Revenue constraint by the Hospital shall be submitted in writing to HSCRC staff accompanied by supporting documentation. Similarly, the HSCRC has the right to open discussions with the Hospital, regarding modifications to the TPR constraint based on its on-going review and monitoring of the Hospital’s operation and service area market share. A decision to modify the Hospital's Approved Regulated Revenue is within the sound discretion of HSCRC staff, but with the caveat that the Hospital may terminate its participation in the TPR if it is unwilling to accept such a modification. If the Hospital applies and receives approval to provide a new service to its population area, the Hospital may petition the HSCRC staff for an adjustment to the Hospital's Approved Regulated Revenue if it can be demonstrated to the satisfaction of HSCRC Staff that provision of the new service cannot be managed within its existing revenue constraints. Such requests shall be evaluated by HSCRC staff on a case-by- case basis. Likewise, modifications to the TPR constraint can be initiated by HSCRC staff given other significant changes in the scope of regulated services provided by the Hospital. Decisions of staff on these matters represent a final decision. As described above, the HSCRC staff and the Hospital will monitor the Hospital’s market share of its Primary and Secondary Service Areas over time, as well as the overall volume and revenue for services outside of the Primary and Secondary Service Areas.7 If either party believes that change in market share and/or utilization is sufficient to justify reevaluation of the revenue cap, that party has the right to initiate such a reevaluation and potential modification to the hospitals TPR constraint.
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Provisions Governing Other Potential Modifications. A request to initiate a reevaluation of the revenue cap by the Hospital shall be submitted in writing to Commission staff accompanied by supporting documentation. Similarly, the HSCRC has the right to open discussions with the Hospital, regarding modifications to the TPR constraint based on its on-going review and monitoring of the Hospital’s operation and service area market share. A decision to modify the revenue cap rests within the sound discretion of Commission staff, but with the caveat that the Hospital may terminate its participation in the TPR if it is unwilling to accept such a modification. If the Hospital applies and receives approval to provide a new service to its population area, the Hospital may petition the Commission staff for an adjustment to its total revenue constraint if it can be demonstrated to the satisfaction of Commission Staff that provision of the new service cannot be managed within its existing revenue constraints. Such requests shall be evaluated by staff on a case-by-case basis. Likewise, modifications to the TPR constraint can be proposed by staff given other significant changes in the scope of regulated services provided by the Hospital. As described above, the HSCRC staff will monitor the Hospital’s market share of its Primary and Secondary Service Areas over time. If either party believes that change in market share and\or utilization is sufficient to justify reevaluation of the revenue cap, that party has the right to initiate such a reevaluation and potential modification to the hospitals TPR constraint.
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Related to Provisions Governing Other Potential Modifications

  • TYPES OF CONTRACT MODIFICATIONS In order to expedite processing of a contract modification, where proposed changes involve more than one category below, each change should be submitted to OGS as a separate request.

  • Contract Modifications It is understood that changes are inherent in operations of the type covered by this contract. The number of changes, the scope of those changes, and the impact they have on the progress of the original operations cannot be defined at this time. The PURCHASER is notified that changes are anticipated and that there will be no compensation made to the PURCHASER directly related to the number of changes made. Each change will be evaluated for extension of contract time and increase or decrease in compensation based on its own merit. STATE reserves the right to make, at any time during the contract, such modifications as are necessary or desirable; provided such modifications shall not change the character of the operations to be done nor increase the cost, unless such operations or cost increase is approved in writing by PURCHASER. Any modifications so made shall not invalidate this contract nor release PURCHASER of obligations under the performance bond. PURCHASER agrees to do the modified operations as if it had been a part of the original contract. If any change under this section causes an increase or decrease in the PURCHASER's cost of, or the time required for the performance of any part of the operations, the PURCHASER must submit a written statement setting forth the nature and specific extent of the claim. Such claim shall include all time and cost impacts against the contract and be submitted as soon as possible, but no later than 30 days after receipt of any written notice of modification of the contract. If the PURCHASER discovers site conditions which differ materially from what was represented in the contract or from conditions that would normally be expected to exist and be inherent to the activities defined in the contract, the PURCHASER shall notify the STATE's Authorized Representative immediately and before the area has been disturbed. The STATE's Authorized Representative will investigate the area and make a determination as to whether or not the conditions differ materially from either the conditions stated in the contract or those which could reasonably be expected in execution of this particular contract. If it is determined that a differing site condition exists, any compensation or credit will be determined based on an analysis by STATE's Authorized Representative. If the PURCHASER does not concur with the decision of the STATE's Authorized Representative and/or believes that it is entitled to additional compensation, the PURCHASER may proceed to file a claim. Claims Review Process. All PURCHASER claims shall be referred to the STATE's Authorized Representative for review. All claims shall be made in writing to the STATE's Authorized Representative not more than ten days from the date of the occurrence of the event which gives rise to the claim or not more than ten days from the date that the PURCHASER knew or should have known of the problem. Unless the claim is made in accordance with these time requirements, it shall be waived. All claims shall be submitted in writing and shall include a detailed, factual statement of the basis of the claim, pertinent dates, contract provisions which support or allow the claim, reference to or copies of any documents which support the claim, the exact dollar value of the claim, and specific time extension requested for the claim. If the claim involves operations to be completed by subcontractors, the PURCHASER will analyze and evaluate the merits of the subcontractor's claim. PURCHASER shall forward the subcontractor's claim and PURCHASER's evaluation of such claim to STATE's Authorized Representative. The STATE's Authorized Representative will not consider direct claims from subcontractors, suppliers, manufacturers, or others not a party to this contract. The decision of the STATE shall be final and binding unless the PURCHASER requests mediation.

  • Modifications and Rectifications to Coverage 1. A Party may make rectifications of a purely formal nature to its coverage under this Chapter, or minor amendments to its Schedules in Annex XVI, provided that it notifies the other Parties in writing and no Party objects in writing within 45 days from the receipt of the notification. A Party that makes such a rectification or minor amendment need not provide compensatory adjustments to the other Parties.

  • Budget Modifications The total Approved Budget and the assignment of costs may be adjusted based on implementation of the Scope of Work, spending patterns, and unexpended funds, but only by an amendment to the Approved Budget. In no event shall an amendment to the Approved Budget result in payments in excess of the aggregate amount specified in Section 2.01 “Award of Monies” or in approved supplemental funding for the Project, if any. The RECIPIENT may make transfers between or among lines within budget categories without prior written approval provided that:

  • INTEGRATIONS & MODIFICATIONS This Agreement constitutes the whole agreement between the parties. Except as identified in this Agreement, there are no other prior written agreements and no prior or contemporaneous oral agreements that are a part of this Agreement. No modification to this Agreement shall be valid, unless in writing and executed by both parties.

  • Modification for Catastrophe In event of Catastrophic Damage, Forest Service, in consultation with Purchaser, shall outline on Sale Area Map:

  • CONTRACTOR’S SUBMISSION OF CONTRACT MODIFICATIONS In connection with any Contract modification, OGS reserves the right to:  request additional information  reject Contract modifications  remove Products from Contract modification requests  request additional discounts for new or existing Products

  • Agreement Modifications Neither this Agreement nor the Protocol may be altered, amended or modified except by written document signed by the parties. 20.

  • MODIFICATION OF THE CONTRACT 1. Any modification of this contract or its annexes, including additions or deletions, shall require a supplementary written agreement concluded on the same terms as the contract. No oral agreement may bind the parties for that purpose.

  • Cost Modifications The parties may agree to a reduction in the cost of the Contract at any time during which the Contract is in effect. Without intending to impose a limitation on the nature of the reduction, the reduction may be to hourly, staffing or unit costs, the total cost of the Contract or the reduction may take such other form as the State deems to be necessary or appropriate.

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