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Agmt78 California Dental Servic
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Agmt78 California Dental Servic
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Last modified
7/5/2005 2:53:23 PM
Creation date
6/10/2002 11:21:37 AM
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Template:
Agreement
Contractor Name
California Dental Service
PROJECT NAME
Dental Care Service
RMP File Number
304
Date
3/15/1978
Reso Ref
7766 8022
Amendment
Yes
Box
2450
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ARTICLE IX -- TERMINATION AND RENEWAL <br /> <br /> 9.01 This Contract may be terminated only for the following causes: <br /> <br /> (a) By CDS, upon Applicant's failure to pay Dues as provided in Article I II, but only after the Applicant has been <br /> duly notified and billed for Dues and at least fifteen (15) days have elapsed since the date of notification. <br /> <br /> (b) By either Applicant or CDS, upon expiration of a Contract Term. <br /> <br /> 9.02 In the event of termination for failure to pay Dues, all Benefits shall terminate and CD$ shall be released from all <br /> further obligations of this Contract, effective on the last day of the month in which written notice of termination is <br /> given; provided however, that CDS shall make payment to Dentists for dental services authorized by CDS prior to <br /> termination and i~erformed in reliance on such authorization. Applicant shall remain liable to CDS for the greater of: <br /> (1) the unpaid Duesapplicable for the period this Contract and all immediately preceding Contracts between Applicant <br /> and CDS were in effect prior to termination; or (2) the full amount of all Dentists' statements paid of otherwise dis- <br /> charged bY.iC~.S4during the full term of this Contract and all immediately preceding Contracts between Applicant and <br /> CDS, p us L% of such amount (to compensate CDS for its administration of the dental program), less amounts <br /> actually paid by Applicant to CDS during the term(s) of such Contract(s). <br /> <br /> 9.03 Termination at the end of a Contract Term shall be by at least sixty (60) days' written notice of termination given by <br /> the party desiring to terminate to the other party. In the event that CDS shall desire to change the Dues or Benefits <br /> effective at the end of any Contract Term, advice of such changes may be given to Applicant in writing within such 60 <br /> days' period, and shall have the effect of a notice of termination as of the end of the Contract Term, unless an amend- <br /> ment to this Contract is mutually agreed upon between Applicant and CDS. <br /> <br /> 9.04 If Applicant notifies CDS in writing of its intention to terminate this Contract as of any date other than the end of <br /> the Contract Term, such termination shall be treated as a termination for fai[ure to pay Dues, and the notice by <br /> Applicant of intention to terminate shall constitute a waiver of notification and billing by CDS. <br /> <br /> 9.05 Any person who believes that this Contract, or coverage hereunder, has been terminated or not renewed because of <br /> any Eligible Person's health status or requirements for health care services may request a review by the California <br /> Commissioner of Corporations, in accordance with Section 1365(b) of the California Health and Safety Code. <br /> <br /> 9.06 In the event of termination of this Contract for any cause, CDS shall not be required to authorize services beyond the <br /> termination date or to pay for services provided beyond such termination date, except for the completion of Single <br /> Procedures commenced while this Contract was in effect, which are otherwise Benefits under the terms of this Con- <br /> tract. <br /> <br /> 9.07 If on termination of this Contract, Applicant has paid Dues to CDS applicable to a period of time after the termination <br /> date, CDS shall, within thirty (30) days after termination return such portion of Dues to Applicant together with <br /> amounts due on claims, if any, less any amounts due to CDS'. <br /> <br /> 9.08 Acceptance by CDS of the proper amount of Dues, after termination of this Contract and without requiring a new <br /> application, shall reinstate the Contract as though it had never terminated, unless CDS shall, within five (5) business <br /> days of receipt of such payment, either (1) refund the payment so made or (2) issue to the Applicant a new Contract <br /> accompanied by written notice stating clearly those respects in which the new contract differs from the terminated <br /> Contract in Benefits, coverage, or otherwise. <br /> <br /> 9.09 All Benefits shall terminate for any Eligible Person in the event that this Contract is terminated or such person ceases <br /> to be eligible under terms of this Contract, and CDS shall not be obligated to provide continuation of Benefits to any <br /> such person in such event. <br /> <br /> ARTICLE X -- ATTACHMENTS <br /> <br /> The following documents are attached to this Contract and made a pa~ hereof: <br /> Appendix "B" Procedure Numbers <br /> Appendix "C" Orthodontic Benefit Rider <br /> Appendix "D" Retention Agreement <br /> <br /> -11- <br /> 11-77 RET <br /> <br /> <br />
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