Common use of Termination for gifts and gratuities Clause in Contracts

Termination for gifts and gratuities. (A) HHSC may terminate this Contract at any time following the determination by a competent judicial or quasi-judicial authority and HMO’s exhaustion of all legal remedies that HMO, its employees, agents or representatives have either offered or given any thing of value to an officer or employee of HHSC or the State of Texas in violation of state law. (B) HMO must include a similar provision in each of its Subcontracts and shall enforce this provision against a Subcontractor who has offered or given any thing of value to any of the persons or entities described in this Section, whether or not the offer or gift was in HMO’s behalf. (C) Termination of a Subcontract by HMO pursuant to this provision will not be a cause for termination of the Contract unless: (1) HMO fails to replace such terminated Subcontractor within a reasonable time; and (2) Such failure constitutes cause, as described in this Subsection 12.03(b). (D) For purposes of this Section, a “thing of value” means any item of tangible or intangible property that has a monetary value of more than $50.00 and includes, but is not limited to, cash, food, lodging, entertainment, and charitable contributions. The term does not include contributions to holders of public office or candidates for public office that are paid and reported in accordance with State and/or Federal law.

Termination for gifts and gratuities. (A) HHSC may terminate this Contract at any time Agreement following the determination by a competent judicial or quasi-judicial authority and HMOCONTRACTOR’s exhaustion of all legal remedies that HMOCONTRACTOR, its employees, agents or representatives have either offered or given any thing of value to an officer or employee of HHSC or the State of Texas in violation of state law. (B) HMO CONTRACTOR must include a similar provision in each of its Subcontracts subcontracts and shall enforce this provision against a Subcontractor subcontractor who has offered or given any thing of value to any of the persons or entities described in this Section, whether or not the offer or gift was in HMOCONTRACTOR’s behalf. (C) Termination of a Subcontract subcontract by HMO CONTRACTOR pursuant to this provision will not be a cause for termination of the Contract Agreement unless: (1) HMO CONTRACTOR fails to replace such terminated Subcontractor subcontractor within a reasonable time; and (2) Such failure constitutes cause, Cause as described in this Subsection 12.03(b)Section. (D) For purposes of this Section, a “thing of value” means any item of tangible or intangible property that has a monetary value of more than $50.00 and includes, but is not limited to, cash, food, lodging, entertainment, and charitable contributions. The term does not include contributions to holders of public office or candidates for public office that are paid and reported in accordance with State and/or Federal law.