Types of Remedial Action Sample Clauses

Types of Remedial Action. (a) If CMS determines that remedial action is warranted pursuant to sections 3.4(g), 3.12, or 15.1(a), one or more of the actions set forth in the following paragraphs (i) – (xii) may be taken by CMS or a State Party, and CMS may take either or both of the actions set forth in the following paragraphs (xiii) and (xiv).
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Types of Remedial Action. If CMS determines that remedial action is warranted pursuant to Article 20.1, CMS may take one or more of the following actions:‌
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Types of Remedial Action. If CMS determines that remedial action is warranted pursuant to sections 3.4(g), 3.12, or 15.1(a), one or more of the actions set forth in the following paragraphs (i) – (xii) may be taken by CMS or a State Party, and CMS may take either or both of the actions set forth in the following paragraphs (xiii) and (xiv). Notify the Hospital and, if appropriate, its Care Partner and its Downstream Care Partners, of the violation; Require the Hospital to provide additional information to CMS, the State or their designees; Conduct on-site visits, interview the Hospital’s and Care Partner’s personnel and staff, or interview beneficiaries and patients to gather information; Subject the Hospital to additional monitoring, auditing, or both; Remove one or more individuals or entities from the Hospital’s Care Partner List; Require the Hospital to terminate one or more of its Care Partner Arrangements; Prohibit or suspend the Hospital’s distribution of Incentive Payments or Intervention Resources to any of its Care Partners; Require the Hospital to recalculate an Incentive Payment based on a prohibition or suspension of a PGP Care Partner’s distribution of a Downstream Incentive Payment to any of its Downstream Care Partners; Require the Hospital to amend one or more of its Approved Track Implementation Protocols; Terminate the Hospital’s participation in one or more CRP Tracks; Require the Hospital to enter into a PIP, in accordance with section 15.6; Require the Hospital to comply with any applicable requirements under a Corrective Action Plan that CMS imposes upon the State, under the terms of the State Agreement; Amend this Agreement without the consent of the Hospital to limit or deny the applicability of any or all waivers of existing law made pursuant to section 1115A(d)(1) of the Act; or Discontinue the provision of data sharing and reports to the Hospital, under section 10.2. If CMS determines that remedial action is warranted pursuant to section 15.1(b), CMS may take one or more of the following actions: Remove the Care Partner or Downstream Care Partner from the Hospital’s Care Partner List; Require the Hospital to terminate its Care Partner Arrangements with the Care Partner; If the Care Partner remains on the Care Partner List, prohibit or suspend the Hospital’s distribution of Incentive Payments or Intervention Resources to that Care Partner; or Require the Hospital to recalculate an Incentive Payment based on a prohibition or suspension of a PGP Care Partne...
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Related to Types of Remedial Action

  • Remedial Actions In the event of Recipient’s noncompliance with section 603 of the Act, other applicable laws, Treasury’s implementing regulations, guidance, or any reporting or other program requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of section 603(c) of the Act regarding the use of funds, previous payments shall be subject to recoupment as provided in section 603(e) of the Act. Hatch Act. Recipient agrees to comply, as applicable, with requirements of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance. False Statements. Recipient understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law.

  • Notices; Remedial Actions Borrower will promptly give Lender written notice of: (i) any investigation, claim, demand, lawsuit, or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge; (ii) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release, or threat of release of any Hazardous Substance; and (iii) any condition caused by the presence, use, or release of a Hazardous Substance that adversely affects the value of the Property. If Xxxxxxxx learns, or is notified by any governmental or regulatory authority or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower will promptly take all necessary remedial actions in accordance with Environmental Law. Nothing in this Security Instrument will create any obligation on Lender for an Environmental Cleanup.

  • Remedial Action A. If a represented individual has worked more than one thousand fifty (1,050) hours in the twelve (12) month period from the individual’s original date of hire, the represented individual may request remedial action from the State Human Resources Director in accordance with WAC 357-49. Following the Director’s review of the remedial action request, an individual may file exceptions to the Director’s decision in accordance with WAC 357.

  • Remedial Action Plan (if applicable) Provide a detailed description of Xxxxxx's course of action and plan to achieve the missed Construction Milestones and all subsequent Construction Milestones by the Guaranteed Commercial Operation Date using the outline provided below.

  • Election of Remedy The parties acknowledge that the facts and circumstances which form the basis of a grievance may also form the basis of claims which may be asserted by an individual employee in other forums. The purpose of this section is to establish limitations on the right of the Union to pursue a grievance in such situations.

  • Election of Remedies If Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent or such Lender a Lien upon any Collateral, whether owned by any Borrower or by any other Person, either by judicial foreclosure or by non-judicial sale or enforcement, Agent or any Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 12. If, in the exercise of any of its rights and remedies, Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other Person, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower hereby consents to such action by Agent or such Lender and waives any claim based upon such action, even if such action by Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower might otherwise have had but for such action by Agent or such Lender. Any election of remedies that results in the denial or impairment of the right of Agent or any Lender to seek a deficiency judgment against any Borrower shall not impair any other Borrower’s obligation to pay the full amount of the Obligations. In the event Agent or any Lender shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, Agent or such Lender may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by Agent or such Lender but shall be credited against the Obligations. The amount of the successful bid at any such sale, whether Agent, Lender or any other party is the successful bidder, shall be conclusively deemed to be the fair market value of the Collateral and the difference between such bid amount and the remaining balance of the Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 12, notwithstanding that any present or future law or court decision or ruling may have the effect of reducing the amount of any deficiency claim to which Agent or any Lender might otherwise be entitled but for such bidding at any such sale.

  • Limitation of Remedy The only remedy that the Taxpayer shall have in the event of breach or alleged breach by GO-Biz, shall be the normal administrative and judicial rights accorded to a taxpayer in the state of California who has been denied a tax credit claimed on their return.

  • Waiver of Remedies No delay or failure on the part of the Administrative Agent or any other Guarantied Party in the exercise of any right or remedy it may have against any Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Administrative Agent or any other Guarantied Party of any such right or remedy shall preclude any other or further exercise thereof or the exercise of any other such right or remedy.

  • Cost of remedying Defects Any repair or rectification undertaken in accordance with the provisions of Clause 17.2, including any additional testing, shall be carried out by the Contractor at its own risk and cost, to the extent that such rectification or repair is attributable to:

  • Incident Notice and Remediation If Contractor becomes aware of any Incident, it shall notify the State immediately and cooperate with the State regarding recovery, remediation, and the necessity to involve law enforcement, as determined by the State. Unless Contractor can establish that none of Contractor or any of its agents, employees, assigns or Subcontractors are the cause or source of the Incident, Contractor shall be responsible for the cost of notifying each person who may have been impacted by the Incident. After an Incident, Contractor shall take steps to reduce the risk of incurring a similar type of Incident in the future as directed by the State, which may include, but is not limited to, developing and implementing a remediation plan that is approved by the State at no additional cost to the State.

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