Termination by Hospital. The Hospital will have the right to transition to an alternative rate setting approach after giving six months of written notice to HSCRC staff of its intent to change as of a specific date. The notice will provide a description of the Hospital’s chief reasons for the proposed termination. The HSCRC staff will work with the Hospital to resolve any issues, including the possible recapture of volume support provided under this agreement where volumes were decreased during the course of the agreement or removal of infrastructure funding or other incentives from the revenue base. If the Hospital is transitioning to another model with a fixed revenue base, then these adjustments may not need to be evaluated. Any new agreement will need to be within the revenue limits and other performance tests and requirements imposed by the final contract between CMMI and the State of Maryland.
Termination by Hospital. If the Hospital, with the advice and consent of the Program Director, determines that the Fellow is failing to uphold his/her duties under this Agreement or no longer fulfills the requirements to be a member of the House Staff, it may request that UTSW terminate the Fellow for cause from the Program.
Termination by Hospital. Upon the occurrence of any one or more of the following events, Hospital may terminate this Agreement by giving written notice of termination to Group, which termination shall be effective as of the date set forth in Hospital’s written notice of termination to Group or, if no date is set forth in the notice, the date the notice is delivered to Group:
(a) breach of this Agreement by Group where the breach is not cured within thirty (30) calendar days after Hospital first gives written notice of the breach to Group;
(b) Group breaches any representation or warranty in this Agreement;
(c) Group: (i) utilizes a physician who has not been approved by Hospital to furnish Coverage Services under this Agreement; or (ii) fails to remove a Group Practitioner from furnishing Coverage Services under this Agreement in accordance with Section 6.8 or Section 6.9 of this Agreement;
(d) Group is unable or reasonably expected to be unable to provide the Coverage Services for any reason for a period in excess of thirty (30) consecutive days or sixty (60) days in the aggregate over any three (3) month period;
(e) the performance of Group’s obligations pursuant to this Agreement, in Hospital’s’ good faith determination, jeopardizes the mental or physical health, safety or well being of any patient or damages the reputation of Hospital;
(f) Group is the subject of one (1) or more medical malpractice judgments or settlements within any twelve (12) month period;
(g) the: (i) sale, transfer or other disposition of all or substantially all of the assets or the issued and outstanding voting securities of Group; (ii) merger, consolidation or other reorganization of Group if, immediately following such transaction, either Group or its shareholders or other equity holders (as existing immediately preceding such transaction) do not own a majority of all classes of the issued and outstanding voting securities of the surviving, consolidated or reorganized entity; (iii) issuance of any class of voting securities by Group (or its successor) if, immediately following such transaction, Group’s shareholders or other equity holders existing immediately preceding such issuance do not own a majority of all classes of the issued and outstanding voting securities of Group; or (iv) dissolution and/or liquidation of Group or the cessation of the active conduct of Group’s business activities (or those of its successor), in any case, without the prior written consent of Hospital;
(h) Group makes an ass...
Termination by Hospital. Upon the occurrence of any one or more of the following events, Hospital may terminate this Agreement by giving written notice of termination to Resident, which termination shall be effective as of the date set forth in Hospital’s written notice of termination to Resident, or, if no date is set forth in the notice, the date the notice is delivered to Resident: (a) Resident fails to timely obtain or maintain an unrestricted license to practice medicine in the State free of any accusation, probation, or other disciplinary action; (b) Resident’s performance of his/her obligations pursuant to this Agreement, in Hospital’s good faith determination, jeopardizes the mental or physical health, safety or well-being of any person or damages the reputation of Hospital; (c) Resident is charged with or convicted of a felony, a misdemeanor involving fraud, dishonesty, controlled substances, or moral turpitude, or any crime relevant to the Resident’s Responsibilities, the provision of professional services or the practice of medicine; (d) Resident is absent from the Program for any reason for more than 30 days during the course of an academic year, unless otherwise required by law.
Termination by Hospital. The Hospital shall have the right to terminate this Agreement as follows:
Termination by Hospital. 1. By written notice to Manager if Manager should have a bankruptcy, reorganization or similar action filed by or against it, become insolvent, or go into liquidation for any purpose.
2. In the event Manager has failed to comply with the terms of this Agreement in any material respect, Hospital shall, in writing, notify Manager of the nature of the breach, and Manager shall have thirty (30) days to cure such breach or else the Agreement will thereupon be terminated upon written notice to Manager.
3. By written notice to Manager if Manager fails to provide professional and general liability insurance in the minimum amount of $5,000,000.
4. In the event Manager is acquired by another entity, Hospital shall have the option to terminate the contract upon thirty (30) days written notice to Manager.
5. In the event Medicare changes in reimbursement and/or regulations make the program financially or operationally onerous for the Hospital to operate. Such determination shall be at the sole discretion of the Hospital.
Termination by Hospital. If Hospital, with the advice and consent of the Program Director, determines that a Resident is failing to uphold his/her duties under this Agreement or no longer fulfills the requirements to be a member of the House Staff, it may request that the School terminate the Resident for cause from the Program.
Termination by Hospital. Hospital shall have the right to terminate this Agreement upon the occurrence of any one or more of the following events:
(a) breach of this Agreement by Contractor or any Group Physician where the breach is not cured within thirty (30) calendar days after Hospital gives written notice of the breach to Contractor;
(b) neglect of professional duty by Contractor or any Group Physician in a manner that poses an imminent danger to the health or safety of any individual, or violates Hospital’s policies, rules or regulations;
(c) there is a “substantial change” in Contractor which has not received prior written approval or subsequent ratification by Hospital. The retirement, withdrawal, termination, or suspension of one (1) or more Group Physicians of Contractor at any time during the term of this Agreement shall be considered to be a “substantial change” in Contractor only if there is a reduction in hours equivalent to in excess of one full-time Group Physician. Notwithstanding anything in the foregoing to the contrary, the retirement, withdrawal, termination, or suspension of any single Group Physician of Contractor shall not constitute a “substantial change” in Contractor as that term is used herein;
(d) breach by Contractor or any Group Physician of any HIPAA Obligation (as defined in Exhibit 6.3);
(e) Contractor makes an assignment for the benefit of creditors, admits in writing the inability to pay its debts as they mature, applies to any court for the appointment of a trustee or receiver over its assets, or upon commencement of any voluntary or involuntary proceedings under any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution liquidation or other similar law of any jurisdiction;
(f) the insurance required to be maintained by Contractor under this Agreement is terminated, reduced below the minimum coverage requirements set forth in this Agreement, not renewed or cancelled (whether by action of the insurance company or Contractor) for any reason, and Contractor has not obtained replacement coverage as required by this Agreement prior to the effective date of such termination, reduction, non-renewal or cancellation;
(g) Contractor is rendered unable to comply with the terms of this Agreement for any reason; or
(h) upon a sale of all or substantially all assets comprising Hospital’s acute care hospital facility, any change of control in Hospital’s organization, or any change in control of its day to day operations, whethe...
Termination by Hospital. Hospital may terminate this Agreement at any time, for any reason, upon ninety (90) days' prior written notice to Physician.
Termination by Hospital. Hospital may terminate this Agreement immediately for any of the following actions by Resident:
(1) The material omission of any information requested by the Hospital as part of employment application process or the entrance requirements of the Program, or falsification of any information supplied to Hospital by Resident as part of the entrance requirements of the Program, or knowingly giving false information or assisting others in doing so.
(2) Failure to meet academic and/or professional expectations despite attempts to remedy.
(3) Failure to pass drug screening pursuant to the provisions of the Hospital policy.
(4) A breach of the terms of this Agreement, or any representation and warranty contained herein, by Resident.
(5) Serious neglect of duty or violation of Hospital rules, regulations or policies.
(6) Conviction of a crime which the Program Director determines is in conflict with the standards of the Program.
(7) Conduct that is clearly prejudicial to the best interest of Hospital.
(8) Unapproved absence from the Program.
(9) A failure of Resident to satisfy his/her obligations under Section 5 of this Agreement.
(10) Any matter occurs for which Resident is obligated to notify Hospital pursuant to Section 5(q)(2). If the Program Director determines that grounds exist to terminate this Agreement, he/she is authorized to do so subject to the hearing and review procedure for Residents as set forth in the Graduate Medical Education Policies and Procedures Manual. Notice of termination will be in writing to Resident.