Program Exclusion Sample Clauses

Program Exclusion. Vendor represents and warrants that neither it nor any of its current directors, officers, employees, agents or subcontractors:
AutoNDA by SimpleDocs
Program Exclusion. On ten (10) days’ prior written notice if either Party or any of their respective representatives, officers, directors, members, contractors, subcontractors, agents or employees is or is found to have been (i) excluded, debarred, suspended or otherwise disqualified from participating in any program maintained by any governmental payor (or any such exclusion, suspension or disqualification is pending or threatened), or
Program Exclusion. Neither the Company nor, to the Company’s Knowledge, any of its officers, directors, or employees has been convicted of nor is under indictment for a federal or state health care program related offense or other health care related offense. Neither the Company nor, to the Company’s Knowledge, any of its officers, directors or stockholders has been debarred, excluded or suspended from participation in Medicare, Medicaid or any other federal health program or been subjected to any order or consent decree of, or criminal or civil fine or penalty imposed by, any court or governmental agency related thereto. The Company has not arranged or contracted with (by employment or otherwise) any Person that is excluded or suspended from participation in a federal health care program, for the provision of items or services for which payment may be made under such federal health care program. The Company is not a party to any corporate integrity or other agreements with any Governmental Authority which apply to or are relevant to the transactions contemplated by this Agreement. None of the officers, directors, agents or managing employees (as such term is defined in 42 U.S.C. § 1320a-5(b)) of the Company have been excluded from the Programs or any other federal health care program (as defined in 42 U.S.C. § 1320a-7b(f)), been subject to sanction pursuant to 42 U.S.C. § 1320a-7a or 1320a-8, or been convicted of a crime described at 42 U.S.C. § 1320a-7b, nor is any such exclusion, sanction or conviction, to the Company’s Knowledge, threatened or pending.
Program Exclusion. Each party represents and warrants that it is not now and at no time has it been excluded from participation in any state or federally funded health care program, including Medicare and Medicaid (collectively referred to as "governmental health care program"). Each party agrees to immediately notify the other party of any threatened, proposed or actual exclusion of it from participation in any governmental health care program. In the event that a party is excluded from participation in any governmental health care program during the term of this Agreement, or if at any time after the Effective Date of this Agreement, it is determined that a party is in breach of this Section, this Agreement shall, as of the effective date of such exclusion or breach, automatically terminate. A party shall indemnify and hold harmless the other party against all actions, claims, demands and liabilities and against all loss, damage, costs and expenses, including reasonable attorneys' fees, arising directly or indirectly out of any violation of this Section 6 by it or due to its exclusion from a governmental health care program. This Section 6 shall survive the termination of this Agreement.
Program Exclusion. GROUP represents and warrants that, as of the Effective Date of this Agreement, neither GROUP nor any of GROUP’s first level employees, physicians, and contractors: (i) have been heretofore excluded, debarred, suspended or otherwise determined to be, or identified as, ineligible to participate in the Medicare, Medicaid or any other “Federal health care program,” as defined by 42 U.S.C. § 1320a-7b(f) (each a “Federal health care program”); (ii) are about to be excluded, sanctioned, debarred, suspended or otherwise determined to be, or identified as, ineligible to participate in a Federal health care program; (iii) are under or about to be under sanction, exclusion, debarment, suspension, or known investigation (civil or criminal) related to healthcare by any Federal, state, or local enforcement, regulatory, administrative, or licensing agency or is ineligible for Federal, state, or local program participation; (iv) have received any information or notice, or become aware, by any means or methods, that they are the subject of any investigation or review regarding participation in a Federal, state, or local health care program; (v) have been convicted of a criminal offense relating to healthcare (unless such entity or individual has been officially reinstated into the Federal healthcare programs by the Health and Human Services Office of the Inspector General (“OIG”); and (vi) have not been terminated from the Medicaid, FAMIS, or Medicare programs for fraud, abuse, or waste. GROUP agrees to use commercially reasonable efforts to notify PREMIER, within five (5) business days of the date that it becomes aware of any of the foregoing information, notice, actions or events during the term of this Agreement. If GROUP or any of GROUP’s first level employees, physicians, and contractors is listed on the Office of Inspector General’s (“OIG”) List of Excluded Individuals and Entities (“LEIE”) or on the General Service Administration’s (“GSA”) Excluded Party List System (“EPLS”), the GROUP will provide immediate written notice to PREMIER. In the event that GROUP or any of GROUP’s first level employees, physicians, and contractors is excluded, debarred, suspended or otherwise determined to be, or identified as, ineligible to participate in a Federal health care program, or is listed on the LEIE or the EPLS, this Agreement will, at the sole option of PREMIER, immediately terminate.
Program Exclusion. Provider represents and warrants that neither Provider nor any employee, agent or contractor of Provider is, or will at any time during the term hereof be, excluded from participation in Medicare.

Related to Program Exclusion

  • Acts of Terrorism Exclusion With respect to each Mortgage Loan over $20 million, and to Seller’s knowledge with respect to each Mortgage Loan of $20 million or Exh. C-11 less, as of origination, the related special-form all-risk insurance policy and business interruption policy (issued by an insurer meeting the Insurance Rating Requirements) do not specifically exclude Acts of Terrorism, as defined in the Terrorism Risk Insurance Act of 2002, as amended by the Terrorism Risk Insurance Program Reauthorization Act of 2007 and the Terrorism Risk Insurance Program Reauthorization Act of 2015 (collectively referred to as “TRIA”), from coverage, or if such coverage is excluded, it is covered by a separate terrorism insurance policy. With respect to each Mortgage Loan, the related Mortgage Loan documents do not expressly waive or prohibit the Mortgagee from requiring coverage for Acts of Terrorism, as defined in TRIA, or damages related thereto except to the extent that any right to require such coverage may be limited by commercial availability on commercially reasonable terms; provided that if TRIA or a similar or subsequent statute is not in effect, then, provided that terrorism insurance is commercially available, the Mortgagor under each Mortgage Loan is required to carry terrorism insurance, but in such event the Mortgagor shall not be required to spend on terrorism insurance coverage more than two times the amount of the insurance premium that is payable in respect of the property and business interruption/rental loss insurance required under the related Mortgage Loan documents (without giving effect to the cost of terrorism and earthquake components of such casualty and business interruption/rental loss insurance) at the time of the origination of the Mortgage Loan, and if the cost of terrorism insurance exceeds such amount, the Mortgagor is required to purchase the maximum amount of terrorism insurance available with funds equal to such amount.

  • Exclusion Notwithstanding the foregoing, the indemnification provided for in this Section 7 and the contribution provided for in Section 8 shall not apply to the Bank to the extent that such indemnification or contribution, as the case may be, by the Bank is found by any Regulatory Agency, or in a final judgment by a court of competent jurisdiction, to constitute a covered transaction under Section 23A of the Federal Reserve Act.

  • For clarity the time allowances provided in clause 2.10 shall operate to reduce the maximum timetabled classroom teaching time specified in clause 4.2 of this agreement.

  • Non-Exclusivity The services of the Adviser to the Manager, the Allocated Portion and the Trust are not to be deemed to be exclusive, and the Adviser shall be free to render investment advisory or other services to others and to engage in other activities. It is understood and agreed that the directors, officers, and employees of the Adviser are not prohibited from engaging in any other business activity or from rendering services to any other person, or from serving as partners, officers, directors, trustees, or employees of any other firm or corporation.

  • Non-Exclusivity of Services The Manager is free to act for its own account and to provide investment management services to others. The Fund acknowledges that the Manager and its officers and employees, and the Manager's other funds, may at any time have, acquire, increase, decrease or dispose of positions in the same investments which are at the same time being held, acquired or disposed of under this Agreement for the Fund. Neither the Manager nor any of its officers or employees shall have any obligation to effect a transaction under this Agreement simply because such a transaction is effected for his or its own account or for the account of another fund. Fund agrees that the Manager may refrain from providing any advice or services concerning securities of companies for which any officers, directors, partners or employees of the Manager or any of the Manager's affiliates act as financial adviser, investment manager or in any capacity that the Manager deems confidential, unless the Manager determines in its sole discretion that it may appropriately do so. The Fund appreciates that, for good commercial and legal reasons, material nonpublic information which becomes available to affiliates of the Manager through these relationships cannot be passed on to Fund.

  • Services Not Exclusive Nothing in this Agreement shall limit or restrict USBFS from providing services to other parties that are similar or identical to some or all of the services provided hereunder.

  • EXCLUSION OF THIRD PARTY RIGHTS A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Xxx 0000 to enforce any term of this Agreement, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

Time is Money Join Law Insider Premium to draft better contracts faster.