Common use of – RESOLVING CONCERNS Clause in Contracts

– RESOLVING CONCERNS. 15.01 The Service Provider is responsible to notify Manitoba in writing of any concerns arising with respect to any terms and conditions of this Agreement. Without limiting the foregoing, the Service Provider must notify Manitoba, without delay, of: (a) any possibility that the Service Provider may not be able to carry out its obligations under this Agreement; (b) any change in its legal structure, management or operations that could reasonably be expected to have an adverse effect on the Service Provider’s ability to comply with this Agreement; and (c) any other fact or event that might compromise its ability to carry out this Agreement or the Services, either immediately or in the long term, including pending or possible lawsuits and audits. 15.02 If any concern arises as to the meaning, interpretation, application or alleged breach of this Agreement, the parties agree to meet within thirty (30) days of written notification by either party to try to resolve the concern through discussions. 15.03 The parties shall attempt to arrive at a mutually satisfactory resolution within thirty (30) days of the above meeting, unless both parties agree to a longer period of time to come to a resolution. 15.04 If both parties agree, an independent mediator may be used to assist the parties in resolving any concern. The costs of an independent mediator will be jointly shared between Manitoba and the Service Provider. 15.05 Notwithstanding subsection 15.04, if a concern arises over whether the Service Provider can accommodate a change in Standards as referred to in subsections 3.04 and 3.05, within the funding levels specified in the Schedule(s) to this Agreement, the Service Provider shall notify Manitoba, in writing, of its concerns. Such concerns cannot be referred to an independent mediator. 15.06 Manitoba and the Service Provider may agree to enter into a co-management agreement and to appoint a co-manager(s) to assist the Service Provider in complying with this Agreement or to assist the Service Provider in remedying a breach or default under this Agreement. The Service Provider shall work co-operatively with the co-manager(s). 15.07 In order to promote open dialogue to resolve concerns under this section, the Service Provider shall provide all information reasonably requested by Manitoba about the issue. 15.08 Nothing in this section shall prevent Manitoba from exercising its rights under section 16.00.

Appears in 3 contracts

Samples: Service Purchase Agreement, Service Purchase Agreement, Service Purchase Agreement

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– RESOLVING CONCERNS. 15.01 The Service Provider is responsible to shall notify Manitoba MHRC in writing of any concerns arising with respect to any terms and conditions of this Agreement. Without limiting the foregoing, the Service Provider must notify ManitobaMHRC, without delay, of: (a) any possibility that the Service Provider may not be able to carry out its obligations under this Agreement; (b) any change in its legal structure, management or operations that could reasonably be expected to have an adverse effect on the Service Provider’s ability to comply with this Agreement; and (c) any other fact or event that might compromise its ability to carry out this Agreement or the Services, either immediately or in the long term, including pending or possible lawsuits and audits. 15.02 If any concern arises as to the meaning, interpretation, application or alleged breach of this Agreement, the parties agree to meet within thirty (30) days of written notification by either party to try to resolve the concern through discussions. 15.03 The parties shall attempt to arrive at a mutually satisfactory resolution within thirty (30) days of the above meeting, unless both parties agree to a longer period of time to come to a resolution. 15.04 If both parties agree, an independent mediator may be used to assist the parties in resolving any concern. The costs of an independent mediator will be jointly shared between Manitoba MHRC and the Service Provider. 15.05 Notwithstanding subsection 15.0416.04, if a concern arises over whether the a Service Provider can accommodate a change in Standards as referred to in subsections 3.04 and 3.05, within the funding levels specified in the Schedule(s) to this Agreement, the Service Provider shall notify ManitobaMHRC, in writing, of its concerns. Such concerns cannot be referred to an independent mediator. 15.06 Manitoba MHRC and the Service Provider may agree to enter into a co-management agreement and to appoint a co-manager(s) to assist the Service Provider in complying with this Agreement or to assist the Service Provider in remedying a breach or default under this Agreement. The Service Provider shall work co-operatively with the co-manager(s). 15.07 In order to promote open dialogue to resolve concerns under this section, the Service Provider shall provide all information reasonably requested by Manitoba MHRC about the issue. 15.08 Nothing in this section shall prevent Manitoba MHRC from exercising its rights under section 16.00sections 16.00 and/or 17.00.

Appears in 1 contract

Samples: Service Purchase Agreement

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– RESOLVING CONCERNS. 15.01 The Service Provider is responsible to notify Manitoba in writing of any concerns arising with respect to any terms and conditions of this Agreement. Without limiting the foregoing, the Service Provider must notify Manitoba, without delay, of: (a) any possibility that the Service Provider may not be able to carry out its obligations under this Agreement; (b) any change in its legal structure, management or operations that could reasonably be expected to have an adverse effect on the Service Provider’s ability to comply with this Agreement; and (c) any other fact or event that might compromise its ability to carry out this Agreement or the Services, either immediately or during the in the long termterm of this Agreement, including pending or possible lawsuits and audits. 15.02 If any concern arises as to the meaning, interpretation, application or alleged breach of this Agreement, the parties agree to meet within thirty (30) days of written notification by either party to try to resolve the concern through discussions. 15.03 The parties shall attempt to arrive at a mutually satisfactory resolution within thirty (303) days of the above meeting, unless both parties agree to a longer period of time to come to a resolution. 15.04 If both parties agree, an independent mediator may be used to assist the parties in resolving any concern. The costs of an independent mediator will be paid for by jointly shared between Manitoba and the Service Provider. 15.05 Notwithstanding Without limiting the generality of subsection 15.04, if a concern arises over whether the Service Provider can accommodate a change in Standards as referred to in subsections 3.04 and 3.05, within the funding levels specified in the Schedule(s) to this Agreement, the Service Provider shall notify Manitoba, in writing, of its concerns. Such concerns cannot be referred to an independent mediator. 15.06 Manitoba and the Service Provider may agree to enter into a co-management agreement and to appoint a co-manager(s) to assist the Service Provider in complying with this Agreement or to assist the Service Provider in remedying a breach or default under this Agreement. The Service Provider shall work co-operatively with the co-co- manager(s). 15.07 In order to promote open dialogue to resolve concerns under this section, the Service Provider shall provide all information reasonably requested by Manitoba about the issue. 15.08 Nothing in this section shall prevent Manitoba from exercising its rights under section 16.00.

Appears in 1 contract

Samples: Service Purchase Agreement

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