Tailored remedies. (a) Understanding of the Parties. The MA Dual SNP agrees and understands that HHSC may pursue tailored contractual remedies for material noncompliance with this Agreement, to the extent that noncompliance is not due to adherence with the requirements of the MA Agreement. At any time and at its discretion, HHSC may impose or pursue one or more remedies for each item of material noncompliance and will determine remedies on a case-by-case basis. HHSC’s pursuit or non-pursuit of a tailored remedy does not constitute a waiver of any other remedy that HHSC may have at law or equity.
(b) Corrective action plan.
(1) At its option, HHSC may require the MA Dual SNP to submit a written plan (Corrective Action Plan) to correct or resolve a deficiency or breach of this Agreement, as determined by HHSC.
(2) The Corrective Action Plan must provide:
(A) A detailed explanation of the reasons for the cited deficiency;
(B) The MA Dual SNP’s assessment or diagnosis of the cause; and
(C) A specific proposal to cure or resolve the deficiency; and
(D) The MA Dual SNP’s timeline for cure or resolution of the deficiency.
(3) The Corrective Action Plan must be submitted by the deadline set forth in HHSC’s written request for a Corrective Action Plan, unless an extension is granted by HHSC. The Corrective Action Plan is subject to approval by HHSC.
(4) HHSC will notify the MA Dual SNP in writing of HHSC’s final disposition of HHSC’s concerns. If HHSC accepts MA Dual SNP’s proposed Corrective Action Plan, HHSC may:
(A) Condition such approval on completion of tasks in the order of priority that HHSC may reasonably prescribe;
(B) Disapprove portions of the MA Dual SNP’s proposed Corrective Action Plan; or
(C) Require additional or different corrective actions relating to the breach. Notwithstanding the submission and acceptance of a Corrective Action Plan, the MA Dual SNP remains responsible for achieving all contractual requirements.
(5) HHSC’s acceptance of a Corrective Action Plan under this Section will not:
(A) Excuse the MA Dual SNP’s prior substandard performance;
(B) Relieve the MA Dual SNP of its duty to comply with performance standards; or
(C) Prohibit HHSC from assessing additional tailored remedies or pursuing other appropriate remedies for continued substandard performance.
Tailored remedies. (a) Understanding of the Parties. The MA Dual SNP agrees and understands that HHSC may pursue tailored contractual remedies for noncompliance with this Agreement, to the extent that noncompliance is not due to adherence with the requirements of the MA Agreement. At any time and at its discretion, HHSC may impose or pursue one or more remedies for each instance of noncompliance and will determine remedies on a case-by-case basis. -pursuit of a tailored remedy does not constitute a waiver of any other remedy that HHSC may have pursuant to this Agreement or at law or equity.
(b) Corrective action plan.
(1) At its discretion, HHSC may require the MA Dual SNP to submit a written plan ( Corrective Action Plan ) to correct or resolve a deficiency or breach of this Agreement, as determined by HHSC.
(2) The Corrective Action Plan must provide:
(A) A detailed explanation of the reasons for the cited deficiency;
Tailored remedies. (a) Understanding of the Parties. Vendor agrees and understands that DIR may pursue tailored contractual remedies for noncompliance with this Contract in the event Vendor does not comply with the non-operational, contract management obligations. At any time and at its sole and absolute discretion, except as agreed upon by the Parties in Exhibit D (“Performance Management”) and as otherwise expressly provided in this Article 11, DIR may im- pose or pursue one remedy for each item of noncompliance and will determine rem- edies on a case-by-case basis. DIR’s pursuit or non-pursuit of a tailored remedy does not constitute a waiver of any other remedy that DIR may have at law or equity, including, but not limited to, the remedies set forth in Section 11.03 below. Except as agreed upon by the Parties in Exhibit D (“Performance Management”) and as other- wise expressly provided in this Article 11, prior to imposing any remedy, DIR will pro- vide notice to the Vendor of the Deficiency, and such notice shall include a reasona- ble cure period in accordance with Section 11.02 (b), or as specified elsewhere in this CTSA.
(b) Notice and opportunity to cure for Deficiencies.
(1) Within ten calendar days (or another date approved by DIR) of Vendor's re- ceipt of written notice of a Deficiency, Vendor shall provide DIR a written re- sponse that:
(A) Explains the reasons for the Deficiency, Vendor’s plan to address or cure the Deficiency, and the date and time by which the Deficiency will be cured; or
(B) If Vendor disagrees with DIR’s findings, its reasons for disagreeing with DIR’s findings.
(2) Vendor’s proposed cure of a Deficiency is subject to the approval of DIR, in its sole and absolute discretion. Vendor’s repeated commission of Deficiencies or repeated failure to resolve any such Deficiencies may be regarded by DIR as a Material Breach and entitle DIR to pursue any other remedy provided in this CTSA or any other appropriate remedy DIR may have at law or equity.
(c) Notice and opportunity to cure for Material Breach.
(1) DIR will notify Vendor in writing of any Material Breach.
(2) Vendor will, within ten calendar days (or another date approved by DIR) of re- ceipt of written notice of a Material Breach, provide DIR a detailed written cor- rective action plan to correct or resolve such Material Breach (a Corrective Ac- tion Plan). The Corrective Action Plan must provide:
(A) A detailed explanation of the reasons for the cited Material Breach;
(B) Vendor’s assessm...
Tailored remedies. (a) Understanding of the Parties. The MA Health Plan agrees and understands that HHSC may pursue tailored contractual remedies for noncompliance with this Agreement, to the extent that noncompliance is not due to adherence with the requirements of the MA Agreement. At any time and at its discretion, HHSC may impose or pursue one or more remedies for each instance of noncompliance and will determine remedies on a case-by-case basis. -pursuit of a tailored remedy does not constitute a waiver of any other remedy that HHSC may have pursuant to this Agreement or at law or equity.
Tailored remedies. Understanding of the Parties. HMO agrees and understands that HHSC may pursue tailored contractual remedies for noncompliance with the Contract. At any time and at its discretion, HHSC may impose or pursue one or more remedies for each item of noncompliance and will determine remedies on a case-by-case basis. HHSC’s pursuit or non-pursuit of a tailored remedy does not constitute a waiver of any other remedy that HHSC may have at law or equity.
Tailored remedies. (a) Understanding of the Parties.
(b) Notice and opportunity to cure for non-material breach.
(1) HHSC will notify CONTRACTOR in writing of specific areas of CONTRACTOR performance that fail to meet performance expectations, standards, or schedules, but that, in the determination of HHSC, do not result in a material deficiency or delay in the implementation or operation of the Services.
(2) CONTRACTOR will, within three business days (or another date approved by HHSC) of receipt of written notice of a non-material deficiency, provide HHSC a written response that:
(A) Explains the reasons for the deficiency, CONTRACTOR’s plan to address or cure the deficiency, and the date and time by which the deficiency will be cured; or
(B) If CONTRACTOR disagrees with HHSC’s findings, explains its reasons for disagreeing with HHSC’s findings.
(3) CONTRACTOR’s proposed cure of a non-material deficiency is subject to the approval of HHSC. CONTRACTOR’s repeated commission of non-material deficiencies or repeated failure to resolve any such deficiencies may be regarded by HHSC as a material deficiency and entitle HHSC to pursue any other remedy provided in the Agreement or any other appropriate remedy HHSC may have at law or equity.
Tailored remedies. Understanding of the Parties. MCO agrees and understands that HHSC may pursue tailored contractual remedies for noncompliance with the Contract. At any time and at its discretion, HHSC may impose or pursue one (1) or more remedies for each item of noncompliance and will determine remedies on a case-by-case basis. HHSC’s pursuit or non-pursuit of a tailored remedy does not constitute a waiver of any other remedy that HHSC may have at law or equity.
Tailored remedies. (a) Understanding of the Parties. HMO agrees and understands that HHSC may pursue tailored contractual remedies for noncompliance with the Contract. At any time and at its discretion, HHSC may impose or pursue one or more remedies for each item of noncompliance and will determine remedies on a case-by-case basis. HHSC’s pursuit or non-pursuit of a tailored remedy does not constitute a waiver of any other remedy that HHSC may have at law or equity.
(b) Notice and opportunity to cure for non-material breach.
Tailored remedies. MIBS Managed internal broadband services. MPLS Multiple protocol label switching. Monthly Consolidated Invoice A formal, single statement of charges provided by Successful Respondent to DIR, which includes the Invoice file, Detailed Billing File, Adjustment file, and monthly informational memorandum for all Services provided by Successful Respondent. Monthly Recurring Charge (MRC) Regular fees repeatedly billed each month by Successful Respondents for Services performed. See also Non-Recurring Charge (NRC). Move, Add, Change, or Delete (MACD) Term describing a variance to Services. Network Access Has the meaning set forth in RFO Section 2.1.a) and 2.1.b).
Tailored remedies. (a) Understanding of the Parties.
(b) Notice and opportunity to cure for non-material breach.
(1) HHSC will notify CONTRACTOR in writing of specific areas of CONTRACTOR performance that fail to meet performance expectations, standards, or
4.1 Subject: HHSC Uniform Contract Terms & Conditions
(2) CONTRACTOR will, within three (3) business days (or another date approved by HHSC) of receipt of written notice of a non-material deficiency, provide the HHSC Project Manager a written response that:
(A) Explains the reasons for the deficiency, CONTRACTOR’s plan to address or cure the deficiency, and the date and time by which the deficiency will be cured; or
(B) If CONTRACTOR disagrees with HHSC’s findings, its reasons for disagreeing with HHSC’s findings.
(3) CONTRACTOR’s proposed cure of a non- material deficiency is subject to the approval of HHSC. CONTRACTOR’s repeated commission of non-material deficiencies or repeated failure to resolve any such deficiencies may be regarded by HHSC as a material deficiency and entitle HHSC to pursue any other remedy provided in the Agreement or any other appropriate remedy HHSC may have at law or equity.
