Substantial Failure definition
Examples of Substantial Failure in a sentence
Substantial Failure to Perform: Includes any violation of any requirement of this Contract that is repeated or ongoing, that goes to the essentials or purpose of the Contract, or that injures, jeopardizes or threatens the health, safety, welfare, rights or other interests of members.
The Department will utilize a variety of means to ensure compliance with Agreement requirements, Written Policies and Procedures and Departmental Decisions, when the AE demonstrates a Substantial Failure to monitor and ensure delegated or purchased administrative functions are conducted in compliance with the terms and conditions of this Agreement.
In the event of Substantial Failure by either Party to perform in accordance with the terms of this Agreement, the other Party may terminate this Agreement upon ninety (90) days written notice of termination setting forth the nature of the failure, provided that the failure is through no fault of the other Party and is not due to Force Majeure conditions.
In the case of one or more Complaints, the Participant shall be deemed to be in Default (a) in the case of a Reported Failure, at such time as set forth in Section 4 below; or (b) in the case of a Substantial Failure, at such time as set forth in Section 5 below.
To that end, the Company agrees that at Closing the Company shall grant to the Authority an agreement (the “Buy Out Agreement”), pursuant to which the Authority has the option (the “Buy Out Option”) to buy out all interest of the Company in the Site, in the event a Substantial Failure occurs under Section 4.9.1.1 of this Agreement.
An event of Force Majeure may excuse, as provided herein, the non-attainment of the Jobs Goal, the Investment Goal, and/or a Substantial Failure.
For the avoidance of doubt, any one such failure shall constitute Substantial Failure, and it shall not be necessary for such purpose for any other failure or all other failures to occur.
In the event that the Department finds there has been Substantial Failure of the AE to adhere to the responsibilities and functions outlined in this Agreement including applicable Written Policies and Procedures and Departmental Decisions or Substantial Failure to perform or provide services to Participants in the Pennsylvania ODP service system, the Department may provide notice of termination as referenced in Section 12 and Subsections 9.2 through 12.3.2 of this Agreement.
Substantial Failure — Files generated for Customer will be available and transmitted by the times mutually agreed upon below ****% of the time over an applicable calendar month period.
Substantial Failure – A repeated pattern of noncompliance by the AE with responsibilities outlined in this Agreement, non-adherence with Written Policies and Procedures and Departmental Decisions, inability to develop and /or implement an approved CAP or DCAP to remedy noncompliance areas, or an egregious noncompliance issue that jeopardizes Participant Health and Welfare and/or overall state compliance with federal Waiver requirements approved by CMS.