Amendment Process. Requests to amend the Demonstration must be submitted to CMS for approval no later than 120 days prior to the planned date of implementation of the change and may not be implemented until approved. Amendment requests must include, but are not limited to, the following:
a) An explanation of the public process used by the State, consistent with the requirements of paragraph 14 to reach a decision regarding the requested amendment;
b) A data analysis which identifies the specific “with waiver” impact of the proposed amendment on the current budget neutrality agreement. Such analysis shall include current total computable “with waiver” and “without waiver” status on both a summary and detailed level through the current approval period using the most recent actual expenditures, as well as summary and detailed projections of the change in the “with waiver” expenditure total as a result of the proposed amendment, which isolates (by Eligibility Group) the impact of the amendment;
c) A detailed description of the amendment, including impact on beneficiaries, with sufficient supporting documentation; and
d) If applicable, a description of how the evaluation designs will be modified to incorporate the amendment provisions.
Amendment Process. Requests to amend the demonstration must be submitted to CMS for approval no later than 120 days prior to the planned date of implementation of the change and may not be implemented until approved. CMS reserves the right to deny or delay approval of a demonstration amendment based on non-compliance with these STCs, including but not limited to failure by the state to submit required reports and other deliverables in a timely fashion according to the deadlines specified herein. Amendment requests must include, but are not limited to, the following:
a. An explanation of the public process used by the state, consistent with the requirements of STC 14, to reach a decision regarding the requested amendment;
b. A data analysis which identifies the specific “with waiver” impact of the proposed amendment on the current budget neutrality agreement. Such analysis shall include current total computable “with waiver” and “without waiver” status on both a summary and detailed level through the current approval period using the most recent actual expenditures, as well as summary and detailed projections of the change in the “with waiver” expenditure total as a result of the proposed amendment, which isolates (by Eligibility Group) the impact of the amendment;
c. An up-to-date CHIP allotment neutrality worksheet, if necessary;
d. A detailed description of the amendment, including impact on beneficiaries, with sufficient supporting documentation, including a conforming title XIX and/or title XXI state plan amendment, if necessary; and
e. If applicable, a description of how the evaluation design will be modified to incorporate the amendment provisions.
Amendment Process. Requests to amend the demonstration must be submitted to CMS for approval no later than 120 days prior to the planned date of implementation of the change and may not be implemented until approved. CMS reserves the right to deny or delay approval of a demonstration amendment based on non-compliance with these STCs, including but not limited to failure by the state to submit required reports and other deliverables in a timely fashion according to the deadlines specified therein. Amendment requests must include, but are not limited to, the following:
a) An explanation of the public process used by the state consistent with the requirements of STC 13 to reach a decision regarding the requested amendment;
b) A data analysis which identifies the specific impact of the proposed amendment on the current budget neutrality expenditure limit.
c) A detailed description of the amendment, including impact on beneficiaries, with sufficient supporting documentation; and
d) If applicable, a description of how the evaluation design must be modified to incorporate the amendment provisions.
Amendment Process. 1.18.2.1 In order to execute an amendment to this Agreement, a Party shall request such amendment in writing. Such request shall include details regarding the Section or Sections to be amended and shall include the proposed language changes.
1.18.2.2 Within 30 days from its receipt of the request, the other Party shall accept the proposed amendment in writing or shall deliver written notice to the other Party either rejecting the requested amendment in its entirety, or inviting the prompt commencement of good faith negotiations to arrive at mutually acceptable terms. If the non-requesting Party rejects the requested amendment in its entirety, the requesting Party may request the prompt commencement of good faith negotiations to arrive at mutually acceptable terms, but there shall be no obligation on either Party to continue such negotiations longer than a period of 45 days if the Parties cannot arrive at mutually acceptable amendment terms.
1.18.2.3 If mutually acceptable terms are not agreed upon within 45 days after the delivery of the written notice requesting the commencement of negotiations, or if at any time during this period (or a mutually agreed upon extension of this period), the Parties have ceased to negotiate (other than by mutual agreement) for a period of 10 consecutive days, the amendment shall be resolved in accordance with the Dispute Resolution provisions set forth in Section 1.9 of this Agreement. Neither Party may pursue dispute resolution pursuant to this Section 1.18.2.3 with respect to any matter that, if agreed to by the other Party, would have the effect of incorporating into the Agreement a provision that the Party proposing the amendment had unsuccessfully sought in any arbitration pursuant to Section 252 of the Act leading to the adoption of this Agreement. Further, neither Party may invoke the provisions of this Section
1.18.2.4 Nothing in this Section 1.18.2 shall affect the right of either Party to pursue an amendment to this Agreement pursuant to Section 1.3, (Intervening Law), or Section 252(i) of the Act.
Amendment Process. In the event changes in this Agreement or its Exhibits are needed, an amendment may be executed by written acknowledgement by both the Licensee and the Licensor of such changes.
Amendment Process. This Agreement may need to be amended as circumstances change or issues arise.
A. If a minor amendment is needed, then the Agreement may be amended by a Letter of Agreement (LOA) between the Airport Managing Director and the City Manager. A minor amendment is one that does not change the substance or intent of the existing Agreement. Some illustrative examples include simple editing errors, corrections of any maps, exhibits or tables, or changes that may be needed to better clarify the intent, procedures or practical application of the existing agreement. All LOA’s will be attached to this Agreement. Copies of the LOAs will be forwarded to the JAC after they have been fully executed.
B. All major amendments must go through the JAC to the City Council and the Port Commission for formal action. A major amendment is one that may change or alter the intent or substance of the agreement or introduces new elements or new conditions to the agreement.
C. Any amendment to this Agreement shall be in writing signed by both Parties.
Amendment Process. Requests to amend the demonstration must be submitted to CMS for approval no later than 120 days prior to the planned date of implementation of the change and may not be implemented until approved. CMS reserves the right to deny or delay approval of a demonstration amendment based on non-compliance with these STCs, including but not limited to failure by the state to submit required reports and other deliverables in a timely fashion according to the deadlines specified herein. Amendment requests must include, but are not limited to, the following:
a) Demonstration of Public Notice 42 CFR Section 431.408 and Tribal Consultation: The state must provide documentation of the state’s compliance with public notice process as specified in 42 CFR section 431.408 and documentation that the tribal consultation requirements outlined in paragraph 14 have been met;
Amendment Process. No amendment or modification of this MOU, nor waiver of any provision of this MOU, shall be effective unless set forth in a written instrument or instruments executed by duly designated and authorized representatives of the Parties with the same formality of this MOU.
Amendment Process. Requests to amend the demonstration must be submitted to CMS for approval no later than 120 days prior to the date of implementation of the change and may not be implemented until approved. Amendment requests will be reviewed by the Federal Review Team and must include, but are not limited to, the following:
a. Demonstration of Public Notice 42 CFR §431.408 and tribal consultation: The state must provide documentation of the state’s compliance with public notice process as specified in 42 CFR §431.408 and documentation that the tribal consultation requirements outlined in STC 15 have been met.
Amendment Process. Should either party, during the term of this Agreement, desire a change or amendment to the terms of this Agreement, such changes or amendments shall be proposed in writing to the other party, who will respond in writing as to whether the proposed amendments are accepted or rejected. If accepted and after negotiations are concluded, the agreed upon changes shall be made through a process that is mutually agreeable to both the State and the Provider. No amendment will be considered binding on either party until it is approved in writing by both parties. Replacing the Project Representative does not require an amendment to this agreement and may be updated with written notice sent to the other party. Written notice may include email.
