Ultimate Responsibility. You have final responsibility for your income tax returns. We will provide you with a copy of your income tax returns and accompanying schedules and statements for review prior to filing with the IRS and state and local tax authorities. You agree to review and examine them carefully for accuracy and completeness.
Ultimate Responsibility. Although the Service company has in this Agreement committed itself to perform on behalf of PINNACLE and Management Company certain ministerial and discretionary services necessary for the claims administration activities of PINNACLE it is acknowledged that PINNACLE and the Management Company have not delegated to the Service company in this Agreement (but rather retain for themselves) ultimate responsibility for such activities. Without limiting the generality of the foregoing, PINNACLE and the Management company retain final authority with respect to:
(a) Claims and claims administration, including but not limited to, which claims are covered by PINNACLE, which disputed claims shall be paid and which shall not be paid, and which subrogation claims shall be pursued and which shall not be pursued;
(b) Marketing, including but not limited to, the coverages to be offered by PINNACLE and the types of eligible persons to whom they are to be offered, the materials and information to be used in marketing such coverage through licensed independent agents, and the insuring of new Participating Employers;
(c) Underwriting, including but not limited to, the types of risks to be assumed and the premiums to be charged for assuming such risks, the criteria for rating, cancelling or rejecting any Participating employer or prospective Participating Employer, the amount of risk to be retained and the amount of risk to be reinsured or covered by excess insurance policies, and the amounts of any discounts, allowances, or rebates to be paid or allowed to Participating Employers;
(d) Loss control;
(e) Follow-up servicing;
(f) Billing and collection of premiums, including but limited to, the amounts to be billed, cancellation policies, reinstatement policies, and delinquency collection procedures;
(g) General Administration and Governmental filings; and
(h) Every other aspect of the operation and management of PINNACLE or Management Company. Notwithstanding the foregoing, it is acknowledged by the parties hereto that the Service Company is authorized, and will be exercising certain discretionary functions which it believes, in good faith, to be authorized by PINNACLE or Management company, without first seeking approval from them.
Ultimate Responsibility. Consistent with but only to the extent required by applicable law, Operator shall retain ultimate legal responsibility for the operation of the Business.
Ultimate Responsibility. Neither any instrumentality of Lake County, Ohio, nor of Painesville Township, Ohio shall be responsible for any work or maintenance upon the Local Service Drainage areas, or for any liability which arises from the design, use, maintenance, or any injury occurring upon the Local Service Drainage areas. This responsibility shall rest entirely with all of the Owners of each lot in the subdivision as identified on the plat of this subdivision and the Association and in future phases being the same. The Lake County Engineer, the Lake County Board of Commissioners, and/or Commissioners, and/or the Painesville Board of Township Trustees (individually known as “Entity”), may, in their sole discretion, order the Association of this Subdivision, to make repairs, maintenance, or improvement as directed by said Entity to ensure that the easement area continues to function properly as a drainage area. In the event the Association fails to perform the work required by the Entity, the Entity may, in its sole discretion, file suit to enjoin the Association to perform the work. Said suit shall not be filed unless and until the Entity gives the Association being sued thirty (30) days written notice to perform the required work. There shall be a corresponding right on the part of the Owner of any sublot located within the Subdivision to file suit to enjoin the Association or other person with a possessory interest in a sublot in this Subdivision, upon which a Local Service Drainage Easement is located, to make repairs, maintenance, or improvement to ensure that the easement area continues to function properly as a drainage area. Said suit shall not be filed unless and until said person filing suit gives the person being sued thirty (30) days written notice to perform the required work.
Ultimate Responsibility. Notwithstanding any other provision in this contract to the contrary, MDNY shall be responsible for ensuring that any service provided by IPA pursuant to this contract complies with all pertinent provisions of federal, State and local statutes, rules and regulations. IPA acknowledges and agrees that MDNY is required to establish, operate and maintain a health service delivery system, quality assurance system, provider credentialing system, member grievance system and other systems meeting the standards of the New York State Department of Health ("DOH"), and is directly accountable to DOH for compliance with DOH standards for the provision of high quality, cost effective care to Members. Notwithstanding any delegation of certain functions by MDNY to IPA under this Agreement, MDNY nevertheless retains ultimate responsibility for the provision of these services and nothing in this Agreement shall be construed to limit MDNY's authority or responsibility to meet applicable quality standards or to take prompt corrective action to address a quality of care problem, resolve a Member grievance or to comply with a regulatory requirement. MDNY shall be responsible for its agreement with IPA and for the agreement between IPA and physicians and other health care providers and suppliers and for the care provided through such arrangements to the same extent as it is responsible for arrangements with all other types of health care providers, including, but not limited to, responsibility for all aspects of medical delivery, including quality assurance, credentialing of providers in the IPA network, and utilization management.
Ultimate Responsibility. Notwithstanding any provision of this Agreement, Customer maintains the ultimate responsibility for adhering to and otherwise fully complying with all terms and conditions of its Medicare Advantage contracts with CMS and all applicable statutory, regulatory and other requirements. Patient Pattern acknowledges and agrees that the services it provides under this Agreement shall be consistent with and shall comply with Customer’s contractual obligations with CMS which are subject to Medicare and/or Medicare Advantage laws, rules and regulations and CMS instructions. Patient Pattern agrees to cooperate with Customer in meeting its responsibilities under Medicare Advantage.
Ultimate Responsibility. Notwithstanding any term or provision of this Agreement, Health Plan maintains ultimate responsibility for adhering to and otherwise fully complying with all terms and conditions of its Oregon Health Plan (“OHP”) contract with OHA. Facility acknowledges and agrees that the services it provides under this Agreement shall be consistent with and shall comply with Health Plan’s contractual obligations with OHA regarding benefit plans, which are subject to state and federal laws, rules, and regulations and OHA instructions. Facility agrees to cooperate with Health Plan in meeting its responsibilities under Health Plan’s contract with OHA and further agrees that all applicable provisions from that contract apply to Facility in the same manner in which they apply to Health Plan.
Ultimate Responsibility. Supplier must obtain written authorization from Rackspace before disclosing Secure Information to any third party. Supplier shall only disclose Secure Information to Supplier Personnel or authorized third parties who need to know the information, who have been made aware of the obligations herein, and who have entered into an agreement with Supplier that provides materially similar or better protections for the Secure Information as are provided under this DPA. Supplier shall be at all times responsible to Rackspace for the use and disclosure of the Secure Information by anyone to whom Supplier discloses the Secure Information.
Ultimate Responsibility. Supplier must obtain written authorization from Syntax before disclosing Secure Information to any third party. Supplier shall only disclose Secure Information to Supplier Personnel or authorized third parties who need to know the information, who have been made aware of the obligations herein, and who have entered into an agreement with Supplier that provides materially similar or better protections for the Secure Information as are provided under this Addendum. Supplier shall be at all times responsible to Syntax for the use and disclosure of the Secure Information by anyone to whom Supplier discloses the Secure Information.
Ultimate Responsibility. The Company shall have ultimate responsibility and authority for the overall operation and management of the Facility, and to establish and maintain a written statement setting forth its philosophy and policies. All actions of Management are subject to review by the Company. Notwithstanding any other provision in this contract, the Company remains responsible for ensuring that any service provided pursuant to this contract complies with all pertinent provisions of federal, state and local statutes, rules and regulations. Management shall not hire or discharge any employee of Company.
