Common use of Response to Demand Letter Clause in Contracts

Response to Demand Letter. Within 10 days after the receipt of the Demand Letter, Ensign Group shall either: (a) cure the breach to OIG’s satisfaction and pay the applicable Stipulated Penalties or (b) request a hearing before an HHS administrative law judge (ALJ) to dispute OIG’s determination of noncompliance, pursuant to the agreed upon provisions set forth below in Section X.E. In the event Ensign Group elects to request an ALJ hearing, the Stipulated Penalties shall continue to accrue until Ensign Group cures, to OIG’s satisfaction, the alleged breach in dispute. Failure to respond to the Demand Letter in one of these two manners within the allowed time period shall be considered a material breach of this CIA and shall be grounds for exclusion under Section X.D.

Response to Demand Letter. Within 10 days after the receipt of the Demand Letter, Ensign Group Rehab shall either: (a) cure the breach to OIG’s satisfaction and pay the applicable Stipulated Penalties or (b) request a hearing before an HHS administrative law judge (ALJ) to dispute OIG’s determination of noncompliance, pursuant to the agreed upon provisions set forth below in Section X.E. In the event Ensign Group Rehab elects to request an ALJ hearing, the Stipulated Penalties shall continue to accrue until Ensign Group Rehab cures, to OIG’s satisfaction, the alleged breach in dispute. Failure to respond to the Demand Letter in one of these two manners within the allowed time period shall be considered a material breach of this CIA and shall be grounds for exclusion under Section X.D.

Response to Demand Letter. Within 10 days after the receipt of the Demand Letter, Ensign Group Exactech shall either: (a) cure the breach to OIG’s satisfaction and pay the applicable Stipulated Penalties or (b) request a hearing before an HHS administrative law judge (ALJ) to dispute OIG’s determination of noncompliance, pursuant to the agreed upon provisions set forth below in Section X.E. In the event Ensign Group Exactech elects to request an ALJ hearing, the Stipulated Penalties shall continue to accrue until Ensign Group Exactech cures, to OIG’s satisfaction, the alleged breach in dispute. Failure to respond to the Demand Letter in one of these two manners within the allowed time period shall be considered a material breach of this CIA and shall be grounds for exclusion under Section X.D.

Response to Demand Letter. Within 10 days after the receipt of the Demand Letter, Ensign Group Orbit shall either: (a) cure the breach to OIG’s satisfaction and pay the applicable Stipulated Penalties or (b) request a hearing before an HHS administrative law judge (ALJ) to dispute OIG’s determination of noncompliance, pursuant to the agreed upon provisions set forth below in Section X.E. In the event Ensign Group Orbit elects to request an ALJ hearing, the Stipulated Penalties shall continue to accrue until Ensign Group Orbit cures, to OIG’s satisfaction, the alleged breach in dispute. Failure to respond to the Demand Letter in one of these two manners within the allowed time period shall be considered a material breach of this CIA and shall be grounds for exclusion under Section X.D.

Response to Demand Letter. Within 10 days after the receipt of the Demand Letter, Ensign Group Medstar shall either: (a) cure the breach to OIG’s satisfaction and pay the applicable Stipulated Penalties or (b) request a hearing before an HHS administrative law judge (ALJ) to dispute OIG’s determination of noncompliance, pursuant to the agreed upon provisions set forth below in Section X.E. In the event Ensign Group Medstar elects to request an ALJ hearing, the Stipulated Penalties shall continue to accrue until Ensign Group Medstar cures, to OIG’s satisfaction, the alleged breach in dispute. Failure to respond to the Demand Letter in one of these two manners within the allowed time period shall be considered a material breach of this CIA and shall be grounds for exclusion under Section X.D.X.D.‌‌

Response to Demand Letter. Within 10 ten days after the receipt of the Demand Letter, Ensign Group CVS shall either: (a) cure the breach to OIG’s satisfaction and pay the applicable Stipulated Penalties Penalties; or (b) request a hearing before an HHS administrative law judge (ALJ) to dispute OIG’s determination of noncompliance, pursuant to the agreed upon provisions set forth below in Section X.E. In the event Ensign Group CVS elects to request an ALJ hearing, the Stipulated Penalties shall continue to accrue until Ensign Group CVS cures, to OIG’s satisfaction, the alleged breach in dispute. Failure to respond to the Demand Letter in one of these two manners within the allowed time period shall be considered a material breach of this CIA and shall be grounds for exclusion under Section X.D.

Response to Demand Letter. Within 10 days after the receipt of the Demand Letter, Ensign Group EPI shall either: (a) cure the breach to OIG’s satisfaction and pay the applicable Stipulated Penalties or (b) request a hearing before an HHS administrative law judge (ALJ) to dispute OIG’s determination of noncompliance, pursuant to the agreed upon provisions set forth below in Section X.E. In the event Ensign Group EPI elects to request an ALJ hearing, the Stipulated Penalties shall continue to accrue until Ensign Group EPI cures, to OIG’s satisfaction, the alleged breach in dispute. Failure to respond to the Demand Letter in one of these two manners within the allowed time period shall be considered a material breach of this CIA and shall be grounds for exclusion under Section X.D.

Response to Demand Letter. Within 10 days after the receipt of the Demand Letter, Ensign Group Provider shall either: (a) cure the breach to OIG’s satisfaction and pay the applicable Stipulated Penalties or (b) request a hearing before an HHS administrative law judge (ALJ) to dispute OIG’s determination of noncompliance, pursuant to the agreed upon provisions set forth below in Section X.E. In the event Ensign Group Provider elects to request an ALJ hearing, the Stipulated Penalties shall continue to accrue until Ensign Group Provider cures, to OIG’s satisfaction, the alleged breach in dispute. Failure to respond to the Demand Letter in one of these two manners within the allowed time period shall be considered a material breach of this CIA and shall be grounds for exclusion under Section X.D.

Response to Demand Letter. Within 10 days after the receipt of the Demand Letter, Ensign Group Pfizer shall either: (a) cure the breach to OIG’s satisfaction and pay the applicable Stipulated Penalties or (b) request a hearing before an HHS administrative law judge (ALJ) to dispute OIG’s determination of noncompliance, pursuant to the agreed upon provisions set forth below in Section X.E. In the event Ensign Group Pfizer elects to request an ALJ hearing, the Stipulated Penalties shall continue to accrue until Ensign Group Pfizer cures, to OIG’s satisfaction, the alleged breach in dispute. Failure to respond to the Demand Letter in one of these two manners within the allowed time period shall be considered a material breach of this CIA and shall be grounds for exclusion under Section X.D.X.D.‌

Response to Demand Letter. Within 10 days after the receipt of the Demand Letter, Ensign Group Tuomey shall either: (a) cure the breach to OIG’s satisfaction and pay the applicable Stipulated Penalties or (b) request a hearing before an HHS administrative law judge (ALJ) to dispute OIG’s determination of noncompliance, pursuant to the agreed upon provisions set forth below in Section X.E. In the event Ensign Group Tuomey elects to request an ALJ hearing, the Stipulated Penalties shall continue to accrue until Ensign Group Tuomey cures, to OIG’s satisfaction, the alleged breach in dispute. Failure to respond to the Demand Letter in one of these two manners within the allowed time period shall be considered a material breach of this CIA and shall be grounds for exclusion under Section X.D.

Response to Demand Letter. Within 10 days after the receipt of the Demand Letter, Ensign Group ▇▇▇▇▇ shall either: (a) cure the breach to OIG’s satisfaction and pay the applicable Stipulated Penalties or (b) request a hearing before an HHS administrative law judge (ALJ) to dispute OIG’s determination of noncompliance, pursuant to the agreed upon provisions set forth below in Section X.E. In the event Ensign Group ▇▇▇▇▇ elects to request an ALJ hearing, the Stipulated Penalties shall continue to accrue until Ensign Group ▇▇▇▇▇ cures, to OIG’s satisfaction, the alleged breach in dispute. Failure to respond to the Demand Letter in one of these two manners within the allowed time period shall be considered a material breach of this CIA and shall be grounds for exclusion under Section X.D.X.D.‌

Response to Demand Letter. Within 10 days after the receipt of the Demand Letter, Ensign Group Vanguard shall either: (a) cure the breach to OIG’s satisfaction and pay the applicable Stipulated Penalties or (b) request a hearing before an HHS administrative law judge (ALJ) to dispute OIG’s determination of noncompliance, pursuant to the agreed upon provisions set forth below in Section X.E. In the event Ensign Group Vanguard elects to request an ALJ hearing, the Stipulated Penalties shall continue to accrue until Ensign Group Vanguard cures, to OIG’s satisfaction, the alleged breach in dispute. Failure to respond to the Demand Letter in one of these two manners within the allowed time period shall be considered a material breach of this CIA and shall be grounds for exclusion under Section X.D.

Response to Demand Letter. Within 10 days after the receipt of the Demand Letter, Ensign Group Insys shall either: (a) cure the breach to OIG’s satisfaction and pay the applicable Stipulated Penalties or (b) request a hearing before an HHS administrative law judge (ALJ) to dispute OIG’s determination of noncompliance, pursuant to the agreed agreed‌ upon provisions set forth below in Section X.E. In the event Ensign Group Insys elects to request an ALJ hearing, the Stipulated Penalties shall continue to accrue until Ensign Group Insys cures, to OIG’s satisfaction, the alleged breach in dispute. Failure to respond to the Demand Letter in one of these two manners within the allowed time period shall be considered a material breach Material Breach of this CIA and shall be grounds for exclusion under Section X.D.

Response to Demand Letter. Within 10 days after the receipt of the Demand Letter, Ensign Group WCH shall either: (a) cure the breach to OIG’s satisfaction and pay the applicable Stipulated Penalties or (b) request a hearing before an HHS administrative law judge (ALJ) to dispute OIG’s determination of noncompliance, pursuant to the agreed upon provisions set forth below in Section X.E. In the event Ensign Group WCH elects to request an ALJ hearing, the Stipulated Penalties shall continue to accrue until Ensign Group WCH cures, to OIG’s satisfaction, the alleged breach in dispute. Failure to respond to the Demand Letter in one of these two manners within the allowed time period shall be considered a material breach of this CIA and shall be grounds for exclusion under Section X.D.X.D.‌

Response to Demand Letter. Within 10 days after the receipt of the Demand Letter, Ensign Group Health Quest shall either: (a) cure the breach to OIG’s satisfaction and pay the applicable Stipulated Penalties or (b) request a hearing before an HHS administrative law judge (ALJ) to dispute OIG’s determination of noncompliance, pursuant to the agreed upon provisions set forth below in Section X.E. In the event Ensign Group Health Quest elects to request an ALJ hearing, the Stipulated Penalties shall continue to accrue until Ensign Group Health Quest cures, to OIG’s satisfaction, the alleged breach in dispute. Failure to respond to the Demand Letter in one of these two manners within the allowed time period shall be considered a material breach of this CIA and shall be grounds for exclusion under Section X.D.

Response to Demand Letter. Within 10 days after the receipt of the Demand Letter, Ensign Group ▇▇▇▇▇▇ shall either: (a) cure the breach to OIG’s satisfaction and pay the applicable Stipulated Penalties or (b) request a hearing before an HHS administrative law judge (ALJ) to dispute OIG’s determination of noncompliance, pursuant to the agreed upon provisions set forth below in Section X.E. In the event Ensign Group ▇▇▇▇▇▇ elects to request an ALJ hearing, the Stipulated Penalties shall continue to accrue until Ensign Group ▇▇▇▇▇▇ cures, to OIG’s satisfaction, the alleged breach in dispute. Failure to respond to the Demand Letter in one of these two manners within the allowed time period shall be considered a material breach of this CIA and shall be grounds for exclusion under Section X.D.

Response to Demand Letter. Within 10 days after the receipt of the Demand Letter, Ensign Group TCH shall either: (a) cure the breach to OIG’s satisfaction and pay the applicable Stipulated Penalties or (b) request a hearing before an HHS administrative law judge (ALJ) to dispute OIG’s determination of noncompliance, pursuant to the agreed upon provisions set forth below in Section X.E. In the event Ensign Group TCH elects to request an ALJ hearing, the Stipulated Penalties shall continue to accrue until Ensign Group TCH cures, to OIG’s satisfaction, the alleged breach in dispute. Failure to respond to the Demand Letter in one of these two manners within the allowed time period shall be considered a material breach of this CIA and shall be grounds for exclusion under Section X.D.

Response to Demand Letter. Within 10 days after the receipt of the Demand Letter, Ensign Group ION shall either: (a) cure the breach to OIG’s satisfaction and pay the applicable Stipulated Penalties or (b) request a hearing before an HHS administrative law judge (ALJ) to dispute OIG’s determination of noncompliance, pursuant to the agreed upon provisions set forth below in Section X.E. In the event Ensign Group ION elects to request an ALJ hearing, the Stipulated Penalties shall continue to accrue until Ensign Group ION cures, to OIG’s satisfaction, the alleged breach in dispute. Failure to respond to the Demand Letter in one of these two manners within the allowed time period shall be considered a material breach of this CIA and shall be grounds for exclusion under Section X.D.

Response to Demand Letter. Within 10 days after the receipt of the Demand Letter, Ensign Group ▇▇▇▇▇▇▇▇ shall either: (a) cure the breach to OIG’s satisfaction and pay the applicable Stipulated Penalties or (b) request a hearing before an HHS administrative law judge (ALJ) to dispute OIG’s determination of noncompliance, pursuant to the agreed upon provisions set forth below in Section X.E. In the event Ensign Group Longwood elects to request an ALJ hearing, the Stipulated Penalties shall continue to accrue until Ensign Group Longwood cures, to OIG’s satisfaction, the alleged breach in dispute. Failure to respond to the Demand Letter in one of these two manners within the allowed time period shall be considered a material breach of this CIA and shall be grounds for exclusion under Section X.D.

Response to Demand Letter. Within 10 days after of the receipt of the Demand Letter, Ensign Group LifePoint shall either: (a) cure the breach to OIG’s 's satisfaction and pay the applicable Stipulated Penalties Penalties; or (b) request a hearing before an HHS administrative law judge ("ALJ") to dispute OIG’s 's determination of noncompliance, pursuant to the agreed upon provisions set forth below in Section section X.E. In the event Ensign Group LifePoint elects to request an ALJ hearing, the Stipulated Penalties shall continue to accrue until Ensign Group LifePoint cures, to OIG’s 's satisfaction, the alleged breach in dispute. Failure to respond to the Demand Letter in one of these two manners within the allowed time period shall be considered a material breach of this CIA and shall be grounds for exclusion under Section X.D.CIA.

Response to Demand Letter. Within 10 days after the receipt of the Demand Letter, Ensign Group Mylan shall either: (a) cure the breach to OIG’s satisfaction and pay the applicable Stipulated Penalties or (b) request a hearing before an HHS administrative law judge (ALJ) to dispute OIG’s determination of noncompliance, pursuant to the agreed upon provisions set forth below in Section X.E. In the event Ensign Group Mylan elects to request an ALJ hearing, the Stipulated Penalties shall continue to accrue until Ensign Group Mylan cures, to OIG’s satisfaction, the alleged breach in dispute. Failure to respond to the Demand Letter in one of these two manners within the allowed time period shall be considered a material breach of this CIA and shall be grounds for exclusion under Section X.D.

Response to Demand Letter. Within 10 days after the receipt of the Demand Letter, Ensign Group Elan shall either: (a) cure the breach to OIG’s satisfaction and pay the applicable Stipulated Penalties or (b) request a hearing before an HHS administrative law judge (ALJ) to dispute OIG’s determination of noncompliance, pursuant to the agreed upon provisions set forth below in Section X.E. In the event Ensign Group Elan elects to request an ALJ hearing, the Stipulated Penalties shall continue to accrue until Ensign Group Elan cures, to OIG’s satisfaction, the alleged breach in dispute. Failure to respond to the Demand Letter in one of these two manners within the allowed time period shall be considered a material breach of this CIA and shall be grounds for exclusion under Section X.D.

Response to Demand Letter. Within 10 days after the receipt of the Demand Letter, Ensign Group ICH shall either: (a) cure the breach to OIG’s satisfaction and pay the applicable Stipulated Penalties or (b) request a hearing before an HHS administrative law judge (ALJ) to dispute OIG’s determination of noncompliance, pursuant to the agreed upon provisions set forth below in Section X.E. In the event Ensign Group ICH elects to request an ALJ hearing, the Stipulated Penalties shall continue to accrue until Ensign Group ICH cures, to OIG’s satisfaction, the alleged breach in dispute. Failure to respond to the Demand Letter in one of these two manners within the allowed time period shall be considered a material breach of this CIA and shall be grounds for exclusion under Section X.D.

Response to Demand Letter. Within 10 days after the receipt of the Demand Letter, Ensign Group Envision shall either: (a) cure the breach to OIG’s satisfaction and pay the applicable Stipulated Penalties or (b) request a hearing before an HHS administrative law judge (ALJ) to dispute OIG’s determination of noncompliance, pursuant to the agreed upon provisions set forth below in Section X.E. In the event Ensign Group Envision elects to request an ALJ hearing, the Stipulated Penalties shall continue to accrue until Ensign Group Envision cures, to OIG’s satisfaction, the alleged breach in dispute. Failure to respond to the Demand Letter in one of these two manners within the allowed time period shall be considered a material breach of this CIA and shall be grounds for exclusion under Section X.D.X.D. 3.

Response to Demand Letter. Within 10 days after the receipt of the Demand Letter, Ensign Group Memorial Health shall either: (a) cure the breach to OIG’s satisfaction and pay the applicable Stipulated Penalties or (b) request a hearing before an HHS administrative law judge (ALJ) to dispute OIG’s determination of noncompliance, pursuant to the agreed upon provisions set forth below in Section X.E. In the event Ensign Group Memorial Health elects to request an ALJ hearing, the Stipulated Penalties shall continue to accrue until Ensign Group Memorial Health cures, to OIG’s satisfaction, the alleged breach in dispute. Failure to respond to the Demand Letter in one of these two manners within the allowed time period shall be considered a material breach of this CIA and shall be grounds for exclusion under Section X.D.

Response to Demand Letter. Within 10 business days after the receipt of the Demand Letter, Ensign Group Saber shall either: (a) cure the breach to OIG’s satisfaction and pay the applicable Stipulated Penalties or (b) request a hearing before an HHS administrative law judge (ALJ) to dispute OIG’s determination of noncompliance, pursuant to the agreed upon provisions set forth below in Section X.E. In the event Ensign Group Saber elects to request an ALJ hearing, the Stipulated Penalties shall continue to accrue until Ensign Group Saber cures, to OIG’s satisfaction, the alleged breach in dispute. Failure to respond to the Demand Letter in one of these two manners within the allowed time period shall be considered a material breach of this CIA and shall be grounds for exclusion under Section X.D.

Response to Demand Letter. Within 10 days after the receipt of the Demand Letter, Ensign Group First Call shall either: (a) cure the breach to OIG’s satisfaction and pay the applicable Stipulated Penalties or (b) request a hearing before an HHS administrative law judge (ALJ) to dispute OIG’s determination of noncompliance, pursuant to the agreed upon provisions set forth below in Section X.E. In the event Ensign Group First Call elects to request an ALJ hearing, the Stipulated Penalties shall continue to accrue until Ensign Group First Call cures, to OIG’s satisfaction, the alleged breach in dispute. Failure to respond to the Demand Letter in one of these two manners within the allowed time period shall be considered a material breach of this CIA and shall be grounds for exclusion under Section X.D.

Response to Demand Letter. Within 10 days after the receipt of the Demand Letter, Ensign Group Hill-Rom shall either: (a) cure the breach to OIG’s satisfaction and pay the applicable Stipulated Penalties or (b) request a hearing before an HHS administrative law judge (ALJ) to dispute OIG’s determination of noncompliance, pursuant to the agreed upon provisions set forth below in Section X.E. In the event Ensign Group Hill-Rom elects to request an ALJ hearing, the Stipulated Penalties shall continue to accrue until Ensign Group Hill-Rom cures, to OIG’s satisfaction, the alleged breach in dispute. Failure to respond to the Demand Letter in one of these two manners within the allowed time period shall be considered a material breach of this CIA and shall be grounds for exclusion under Section X.D.

Response to Demand Letter. Within 10 days after the receipt of the Demand Letter, Ensign Group ACell shall either: (a) cure the breach to OIG’s satisfaction and pay the applicable Stipulated Penalties Penalties; or (b) request a hearing before an HHS administrative law judge (ALJ) to dispute OIG’s determination of noncompliance, pursuant to the agreed upon provisions set forth below in Section X.E. In the event Ensign Group ACell elects to request an ALJ hearing, the Stipulated Penalties shall continue to accrue until Ensign Group ACell cures, to OIG’s satisfaction, the alleged breach in dispute. Failure to respond to the Demand Letter in one of these two manners within the allowed time period shall be considered a material breach of this CIA and shall be grounds for exclusion under Section X.D.X.D.‌

Response to Demand Letter. Within 10 days after the receipt of the Demand Letter, Ensign Group HealthSouth shall either: (a) cure the breach to OIG’s satisfaction and pay the applicable Stipulated Penalties Penalties; or (b) request a hearing before an HHS administrative law judge (ALJ) to dispute OIG’s determination of noncompliance, pursuant to the agreed upon provisions set forth below in Section X.E. In the event Ensign Group HealthSouth elects to request an ALJ hearing, the Stipulated Penalties shall continue to accrue until Ensign Group HealthSouth cures, to OIG’s satisfaction, the alleged breach in dispute. Failure to respond to the Demand Letter in one of these two manners within the allowed time period shall be considered a material breach of this CIA and shall be grounds for exclusion under Section X.D.

Response to Demand Letter. Within 10 days after the receipt of the Demand Letter, Ensign Group UMHS shall either: (a) cure the breach to OIG’s satisfaction and pay the applicable Stipulated Penalties or (b) request a hearing before an HHS administrative law judge (ALJ) to dispute OIG’s determination of noncompliance, pursuant to the agreed upon provisions set forth below in Section X.E. In the event Ensign Group UMHS elects to request an ALJ hearing, the Stipulated Penalties shall continue to accrue until Ensign Group UMHS cures, to OIG’s satisfaction, the alleged breach in dispute. Failure to respond to the Demand Letter in one of these two manners within the allowed time period shall be considered a material breach of this CIA and shall be grounds for exclusion under Section X.D.

Response to Demand Letter. Within 10 days after the receipt of the Demand Letter, Ensign Group CareMed shall either: (a) cure the breach to OIG’s satisfaction and pay the applicable Stipulated Penalties or (b) request a hearing before an HHS administrative law judge (ALJ) to dispute OIG’s determination of noncompliance, pursuant to the agreed upon provisions set forth below in Section X.E. In the event Ensign Group CareMed elects to request an ALJ hearing, the Stipulated Penalties shall continue to accrue until Ensign Group CareMed cures, to OIG’s satisfaction, the alleged breach in dispute. Failure to respond to the Demand Letter in one of these two manners within the allowed time period shall be considered a material breach of this CIA and shall be grounds for exclusion under Section X.D.

Response to Demand Letter. Within 10 days after the receipt of the Demand Letter, Ensign Group FHS shall either: (a) cure the breach to OIG’s satisfaction and pay the applicable Stipulated Penalties or (b) request a hearing before an HHS administrative law judge (ALJ) to dispute OIG’s determination of noncompliance, pursuant to the agreed upon provisions set forth below in Section X.E. In the event Ensign Group FHS elects to request an ALJ hearing, the Stipulated Penalties shall continue to accrue until Ensign Group FHS cures, to OIG’s satisfaction, the alleged breach in dispute. Failure to respond to the Demand Letter in one of these two manners within the allowed time period shall be considered a material breach of this CIA and shall be grounds for exclusion under Section X.D.X.D.‌‌‌‌

Response to Demand Letter. Within 10 days after the receipt of the Demand Letter, Ensign Group Medicus shall either: (a) cure the breach to OIG’s satisfaction and pay the applicable Stipulated Penalties or (b) request a hearing before an HHS administrative law judge (ALJ) to dispute OIG’s determination of noncompliance, pursuant to the agreed upon provisions set forth below in Section X.E. In the event Ensign Group Medicus elects to request an ALJ hearing, the Stipulated Penalties shall continue to accrue until Ensign Group Medicus cures, to OIG’s satisfaction, the alleged breach in dispute. Failure to respond to the Demand Letter in one of these two manners within the allowed time period shall be considered a material breach of this CIA and shall be grounds for exclusion under Section X.D.

Response to Demand Letter. Within 10 days after the receipt of the Demand Letter, Ensign Group USPh shall either: (a) cure the breach to OIG’s satisfaction and pay the applicable Stipulated Penalties or (b) request a hearing before an HHS administrative law judge (ALJ) to dispute OIG’s determination of noncompliance, pursuant to the agreed upon provisions set forth below in Section X.E. In the event Ensign Group USPh elects to request an ALJ hearing, the Stipulated Penalties shall continue to accrue until Ensign Group USPh cures, to OIG’s satisfaction, the alleged breach in dispute. Failure to respond to the Demand Letter in one of these two manners within the allowed time period shall be considered a material breach of this CIA and shall be grounds for exclusion under Section X.D.

Response to Demand Letter. Within 10 days after the receipt of the Demand Letter, Ensign Group WBH shall either: (a) cure the breach to OIG’s satisfaction and pay the applicable Stipulated Penalties or (b) request a hearing before an HHS administrative law judge (ALJ) to dispute OIG’s determination of noncompliance, pursuant to the agreed upon provisions set forth below in Section X.E. In the event Ensign Group WBH elects to request an ALJ hearing, the Stipulated Penalties shall continue to accrue until Ensign Group WBH cures, to OIG’s satisfaction, the alleged breach in dispute. Failure to respond to the Demand Letter in one of these two manners within the allowed time period shall be considered a material breach of this CIA and shall be grounds for exclusion under Section X.D.X.D.‌