Common use of Specific Performance Review Clause in Contracts

Specific Performance Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for specific performance of CIA provisions shall be: a. whether, at the time specified in the Noncompliance Notice, Extendicare was in material compliance with the obligations of this CIA for which OIG seeks specific performance; and b. whether Extendicare failed to cure to OIG’s satisfaction. Extendicare shall have the burden of proving its material compliance and the steps taken to cure the noncompliance, if any. OIG shall not have the right to appeal to the DAB an adverse ALJ decision related to specific performance. If the ALJ agrees with OIG, Extendicare shall take the actions OIG deems necessary to cure within 20 days after the ALJ issues such a decision unless Extendicare requests review of the ALJ decision by the DAB. If the ALJ decision is properly appealed to the DAB and the DAB upholds the determination of OIG, Extendicare shall take the actions OIG deems necessary to cure within 20 days after the DAB issues its decision.

Specific Performance Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for specific performance of CIA provisions shall be: a. whether, at the time specified in the Noncompliance Notice, Extendicare UHS was in material full and timely compliance with the obligations of this CIA for which OIG seeks specific performance; and b. whether Extendicare UHS failed to cure to OIG’s satisfactioncure. Extendicare UHS shall have the burden of proving its material full and timely compliance and the steps taken to cure the noncompliance, if any. OIG shall not have the right to appeal to the DAB an adverse ALJ decision related to specific performance. If the ALJ agrees with OIG, Extendicare UHS shall take the actions OIG deems necessary to cure within 20 days after the ALJ issues such a decision unless Extendicare UHS requests review of the ALJ decision by the DAB. If the ALJ decision is properly appealed to the DAB and the DAB upholds the determination of OIG, Extendicare UHS shall take the actions OIG deems necessary to cure within 20 days after the DAB issues its decision.

Specific Performance Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for specific performance of CIA provisions shall be: a. whether, at the time specified in the Noncompliance Notice, Extendicare GGNSC was in material full and timely compliance with the obligations of this CIA for which OIG seeks specific performance; and b. whether Extendicare GGNSC failed to cure to OIG’s satisfactioncure. Extendicare GGNSC shall have the burden of proving its material full and timely compliance and the steps taken to cure the noncompliance, if any. OIG shall not have the right to appeal to the DAB an adverse ALJ decision related to specific performance. If the ALJ agrees with OIG, Extendicare GGNSC shall take the actions OIG deems necessary to cure within 20 days after the ALJ issues such a decision unless Extendicare GGNSC requests review of the ALJ decision by the DAB. If the ALJ decision is properly appealed to the DAB and the DAB upholds the determination of OIG, Extendicare GGNSC shall take the actions OIG deems necessary to cure within 20 days after the DAB issues its decision.