Common use of Tailored remedies Clause in Contracts

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. (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 (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, explains its reasons for disagreeing with HHSC’s findings. (3) CONTRACTOR’s proposed cure of a non-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. (a) Understanding of the Parties. (b) Notice and opportunity to cure for non-material breach. (1) HHSC will notify CONTRACTOR HMO in writing of specific areas of CONTRACTOR HMO performance that fail to meet performance expectations, standards, or schedulesschedules set forth in the Contract, 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 HMO will, within three business days five (5) 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, CONTRACTORHMO’s plan to address or cure the deficiency, and the date and time by which the deficiency will be cured; or (B) If CONTRACTOR HMO disagrees with HHSC’s findings, explains its reasons for disagreeing with HHSC’s findings. (3) CONTRACTORHMO’s proposed cure of a non-material deficiency is subject to the approval of HHSC. CONTRACTORHMO’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 Contract or any other appropriate remedy HHSC may have at law or equity.