Without limiting the Department s rights under this Agreement, under statute, at law or in equity, if the Provider: owes the Commonwealth any debt; or has outstanding or unacquitted money, under this Agreement, or under any other arrangement with the Department or the Commonwealth, the Department may offset or deduct an amount equal to that debt owed, or outstanding or unacquitted money, against any other payments due to the Provider under this Agreement.
Without limiting the Department s rights under this Agreement, under statute, at law or in equity, if the Department is of the opinion that: the Provider may be in breach of its obligations under this Agreement, and while the Department investigates the matter; the Provider’s performance of any of its obligations under this Agreement, including achievement against the Key Performance Indicators, is less than satisfactory to the Department; the Provider has outstanding or unacquitted money under any arrangement, whether contractual or statutory, with the Commonwealth; or the Provider may be engaged in dishonest or improper conduct, or fraudulent activity, and while the Department investigates the matter, the Department may, in addition to taking any other action under clause 59 [Remedies for breach], and prior to taking action under clause 61 [Termination for default], take action under clause 59.2(a).
