Common use of Treatment of Unallowable Costs Previously Submitted for Payment Clause in Contracts

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants further agree that within 90 days of the Effective Date of this Agreement they shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants or any of their subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree that the United States, at a minimum, shall be entitled to recoup from Defendants any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants or any of their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Defendants or any of their subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants further agree that within 90 days of the Effective Date of this Agreement they shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraphparagraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants or any of their subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree that the United States, at a minimum, shall be entitled to recoup from Defendants any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants or any of their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Defendants or any of their subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Pfizer further agree that agrees that, within 90 days of the Effective Date of this Agreement they Agreement, it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Pfizer or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costsunallowable costs. Defendants agree Pfizer agrees that the United States, at a minimum, shall be entitled to recoup from Defendants Pfizer any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants Pfizer or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Defendants Pfizer or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants UT further agree that agrees that, within 90 days of the Effective Date of this Agreement they Agreement, it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants UT or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costsunallowable costs. Defendants agree UT agrees that the United States, at a minimum, shall be entitled to recoup from Defendants UT any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants UT or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Defendants UT or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Arthrex further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraphparagraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Arthrex or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree Arthrex agrees that the United States, at a minimum, shall be entitled to recoup from Defendants Arthrex any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants Arthrex or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Defendants Arthrex or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Endo further agree agrees that within 90 ninety (90) days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid fiscal agents and FEHBP fiscal agentscarriers and/or contractors, any Unallowable Costs (as defined in this Paragraphparagraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Endo or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree Xxxx agrees that the United States, at a minimum, shall be entitled to recoup from Defendants Endo any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants Endo or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Defendants Endo or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants CHS further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants CHS or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree CHS agrees that the United States, at a minimum, shall be entitled to recoup from Defendants CHS any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants CHS or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Defendants CHS or any of their its subsidiaries or affiliates’ ' cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants kaléo further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraphparagraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants kaléo or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree Kaléo agrees that the United States, at a minimum, shall be entitled to recoup from Defendants kaléo any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants kaléo or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Defendants kaléo’s or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants xxxxx further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraphparagraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants kaléo or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree Xxxxx agrees that the United States, at a minimum, shall be entitled to recoup from Defendants kaléo any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants kaléo or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Defendants kaléo’s or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants RB Group further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants RB Group or any of their its current subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree RB Group agrees that the United States, at a minimum, shall be entitled to recoup from Defendants RB Group any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants RB Group or any of their its current subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Defendants RB Group or any of their its current subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Condell further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Condell or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costsunallowable costs. Defendants agree Condell agrees that the United States, at a minimum, shall be entitled to recoup from Defendants Condell any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants Condell or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Defendants Condell or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Ascension Michigan further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraphparagraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Ascension Michigan or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree Ascension Michigan agrees that the United States, at a minimum, shall be entitled to recoup from Defendants Ascension Michigan any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants Ascension Michigan or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Defendants Ascension Michigan or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Teva further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Teva or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costsunallowable costs. Defendants agree Teva agrees that the United States, at a minimum, shall be entitled to recoup from Defendants Teva any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants Teva or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Defendants Teva or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Xxxxxxx further agree agrees that within 90 days of the Effective Date of this Agreement they shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraphparagraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Xxxxxxx or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree Xxxxxxx agrees that the United States, at a minimum, shall be entitled to recoup from Defendants Xxxxxxx any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants Xxxxxxx or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Defendants Xxxxxxx’x or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. the Arriva Defendants further agree that within 90 days of the Effective Date of this Agreement they shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraphparagraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by the Arriva Defendants or any of their subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. The Arriva Defendants agree that the United States, at a minimum, shall be entitled to recoup from the Arriva Defendants any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by the Arriva Defendants or any of their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on the Arriva Defendants or any of their subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants ModMed further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraphparagraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants ModMed or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree XxxXxx agrees that the United States, at a minimum, shall be entitled to recoup from Defendants ModMed any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants ModMed or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Defendants ModMed or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants UCSD further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants UCSD or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costsunallowable costs. Defendants agree UCSD agrees that the United States, at a minimum, shall be entitled to recoup from Defendants UCSD any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants UCSD or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Defendants UCSD or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Ultragenyx further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraphparagraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Ultragenyx or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree Ultragenyx agrees that the United States, at a minimum, shall be entitled to recoup from Defendants Ultragenyx any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants Ultragenyx or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Defendants Ultragenyx or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Wheeling Hospital further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Wheeling Hospital or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree Wheeling Hospital agrees that the United States, at a minimum, shall be entitled to recoup from Defendants Wheeling Hospital any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants Wheeling Hospital or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Defendants Wheeling Hospital’s or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants further agree that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants or any of their subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree that the United States, at a minimum, shall be entitled to recoup from Defendants any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants or any of their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Defendants or any of their subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants NICA further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraphparagraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants NICA or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree XXXX agrees that the United States, at a minimum, shall be entitled to recoup from Defendants NICA any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-previously submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants NICA or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Defendants NICA or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Amerigroup further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Amerigroup or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costsunallowable costs. Defendants agree Amerigroup agrees that the United States, at a minimum, shall be entitled to recoup from Defendants Amerigroup any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants Amerigroup or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Defendants Amerigroup or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Akorn further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraphparagraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Akorn or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree Akorn agrees that the United States, at a minimum, shall be entitled to recoup from Defendants Akorn any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants Akorn or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Defendants Akorn or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Elan further agree agrees that within 90 days of the Effective Date of this Agreement they shall it shall, if applicable, identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Elan or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree Elan agrees that the United States, at a minimum, shall be entitled to recoup from Defendants Elan any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants Elan or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Defendants Elan or any of their subsidiaries its subsidiaries’ or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Biogen further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP Federal Employee Health Benefit Program fiscal agents, agents any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, States including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Biogen or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree Biogen agrees that the United States, at a minimum, shall be entitled to recoup from Defendants Biogen any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants Biogen or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Defendants Biogen or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Interface further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraphparagraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Interface or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree Interface agrees that the United States, at a minimum, shall be entitled to recoup from Defendants Interface any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants Interface or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Defendants Interface or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Zyno Medical further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraphparagraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Zyno Medical or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree Zyno Medical agrees that the United States, at a minimum, shall be entitled to recoup from Defendants Zyno Medical any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-previously submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants Zyno Medical or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Defendants Zyno Medical or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Progenity further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Progenity or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree Progenity agrees that the United States, at a minimum, shall be entitled to recoup from Defendants Progenity any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants Progenity or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Defendants Progenity or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants 12 further agree that within 90 days of after the Effective Date of this Agreement they shall identify to 13 applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and 14 FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraphparagraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, 17 payments sought in any cost reports, cost statements, information reports, or payment requests already 18 submitted by Defendants or any of their subsidiaries or affiliates, and shall request, and agree, that such 19 cost reports, cost statements, information reports, or payment requests, even if already settled, be 20 adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree that the 21 United States, at a minimum, shall be entitled to recoup from Defendants any overpayment plus 22 applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-previously- 24 submitted cost reports, information reports, cost statements, or requests for payment. 25 Any payments due after the adjustments have been made shall be paid to the United States 26 pursuant to the direction of the Department of Justice and/or the affected agencies. The United States 27 reserves its rights to disagree with any calculations submitted by Defendants or any of their its subsidiaries 1 or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on 2 Defendants or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. The Defendants further agree that within 90 days of the Effective Date of this Agreement they shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraphparagraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by the Defendants or any of their subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. The Defendants agree that the United States, at a minimum, shall be entitled to recoup from the Defendants any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by the Defendants or any of their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on the Defendants or any of their subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants BCBS further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants BCBS or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costsunallowable costs. Defendants agree BCBS agrees that the United States, at a minimum, shall be entitled to recoup from Defendants BCBS any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants BCBS or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Defendants BCBS or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants DePuy further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraphparagraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants DePuy or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree DePuy agrees that the United States, at a minimum, shall be entitled to recoup from Defendants DePuy any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants DePuy or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Defendants DePuy or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants the Hospitals further agree that within 90 days of the Effective Date of this Agreement they shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraphparagraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants the Hospitals or any of their subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants The Hospitals agree that the United States, at a minimum, shall be entitled to recoup from Defendants the Hospitals any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants the Hospitals or any of their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Defendants the Hospitals or any of their subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Xxxx further agree agrees that within 90 days of the Effective Date of this Agreement they he shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants or any of their subsidiaries or affiliatesXxxx, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costsunallowable costs. Defendants agree Xxxx agrees that the United StatesStates and the State of Connecticut, at a minimum, shall be entitled to recoup from Defendants Xxxx any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States and the State of Connecticut pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its and the State of Connecticut reserve their rights to disagree with any calculations submitted by Defendants or any of their subsidiaries or affiliates Xxxx on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Defendants or any of their subsidiaries or affiliates’ Xxxx’s cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Xxxxxx further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Xxxxxx or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree Xxxxxx agrees that the United States, at a minimum, shall be entitled to recoup from Defendants Xxxxxx any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants Xxxxxx or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Defendants Xxxxxx or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Forest further agree that agrees that, within 90 days of the Effective Date of this Agreement they Settlement Agreement, it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid Medicaid, FEHBP, and FEHBP VA fiscal agents, any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Forest or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree Forest agrees that the United States, at a minimum, shall be entitled to recoup from Defendants Forest any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-previously submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the any such adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants Forest or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Defendants Forest or any of their subsidiaries its subsidiaries’ or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants DTCA further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants DTCA or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costsunallowable costs. Defendants agree DTCA agrees that the United States, at a minimum, shall be entitled to recoup from Defendants DTCA any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants DTCA or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Defendants DTCA or any of their its subsidiaries or affiliates’ ' cost reports, cost statements, or information reports.. Settlement Agreement Between United States and DTCA and A. Xxxxx Xxxxx -8-

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants further agree that within 90 days of the Effective Date of this Agreement they shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants or any of their subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree that the United States, at a minimum, shall be entitled to recoup from Defendants any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants or any of their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Defendants or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants further agree that within 90 days of the Effective Date of this Agreement they shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants or any of their subsidiaries or affiliates, affiliates and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree that the United States, at a minimum, shall be entitled to recoup from Defendants any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Defendants or any of their subsidiaries subsidiaries’ or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants further agree that within 90 days of the Effective Date of this Agreement that they shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs unallowable costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants or any of their subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costsunallowable costs. Defendants agree that the United States, at a minimum, shall be entitled to recoup from Defendants any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs unallowable costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs unallowable costs (as defined in this Paragraph) on Defendants or any of their subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Practice Fusion further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Practice Fusion or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costsunallowable costs. Defendants agree Practice Fusion agrees that the United States, at a minimum, shall be entitled to recoup from Defendants Practice Fusion any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants Practice Fusion or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Defendants Practice Fusion or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants CMMC further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid Medicaid, VA and FEHBP fiscal agents, any Unallowable Costs unallowable costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid programProgram, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants CMMC or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costsunallowable costs. Defendants agree CMMC agrees that the United States, at a minimum, shall be entitled to recoup from Defendants CMMC any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs unallowable costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice Justice, and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants CMMC or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs unallowable costs (as defined in this Paragraph) on Defendants CMMC or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Xxxxxx further agree agrees that within 90 days of the Effective Date of this Settlement Agreement they she shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Xxxxxx or any of their subsidiaries or her affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costsunallowable costs. Defendants agree Xxxxxx agrees that the United StatesStates and the State of Connecticut, at a minimum, shall be entitled to recoup from Defendants Xxxxxx any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States and the State of Connecticut pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its and the State of Connecticut reserve their rights to disagree with any calculations submitted by Defendants Xxxxxx or any of their subsidiaries or her affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Defendants Xxxxxx or any of their subsidiaries or her affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants YRMC further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, agents any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants YRMC or any of their its subsidiaries or affiliates, affiliates and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree YRMC agrees that the United States, at a minimum, shall be entitled to recoup from Defendants YRMC any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants YRMC or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Defendants YRMC or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants further agree that within 90 days of the Effective Date of this Agreement they shall to identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants or any of their subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree that the United States, at a minimum, shall be entitled to recoup from Defendants any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Defendants or any of their subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Eargo further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, agents any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Eargo or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costsunallowable costs. Defendants agree Eargo agrees that the United States, at a minimum, shall be entitled to recoup from Defendants Eargo any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants Eargo or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Defendants Eargo or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Cottage further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraphparagraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Cottage or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree Xxxxxxx agrees that the United States, at a minimum, shall be entitled to recoup from Defendants Cottage any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants Cottage or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Defendants Cottage or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Eargo further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, agents any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Eargo or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costsunallowable costs. Defendants agree Xxxxx agrees that the United States, at a minimum, shall be entitled to recoup from Defendants Eargo any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants Eargo or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Defendants Eargo or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Moffitt further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Moffitt or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costsunallowable costs. Defendants agree Moffitt agrees that the United States, at a minimum, shall be entitled to recoup from Defendants Moffitt any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its and the State of Florida reserve their rights to disagree with any calculations submitted by Defendants Moffitt or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Defendants Moffitt or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants If applicable, Xxxxxx further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or Settlement Agreement Between the United States of America and Xxxxxx Medical Technology, Inc. contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs unallowable costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Xxxxxx or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costsunallowable costs. Defendants agree Xxxxxx agrees that the United States, at a minimum, shall be entitled to recoup from Defendants Xxxxxx any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs unallowable costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants Xxxxxx or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs unallowable costs (as defined in this Paragraph) on Defendants Xxxxxx or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants MorseLife further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants MorseLife or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costsunallowable costs. Defendants agree MorseLife agrees that the United States, at a minimum, shall be entitled to recoup from Defendants MorseLife any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants MorseLife or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Defendants MorseLife or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Poplar further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Poplar or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree Xxxxxx agrees that the United States, at a minimum, shall be entitled to recoup from Defendants Poplar any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants Poplar or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Defendants Poplar or any of their its subsidiaries or affiliates’ ' cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants further agree that within 90 calendar days of the Effective Date of this Agreement they shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraphparagraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants or any of their subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree that the United States, at a minimum, shall be entitled to recoup from Defendants any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants or any of their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on the cost reports, cost statements, or information reports of Defendants or any of their subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants 21C further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants 21C or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree 21C agrees that the United States, at a minimum, shall be entitled to recoup from Defendants 21C any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants 21C or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Defendants 21C or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Diversicare further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraphparagraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Diversicare or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree Diversicare agrees that the United States, at a minimum, shall be entitled to recoup from Defendants Diversicare any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States and Tennessee reserves its their rights to disagree with any calculations submitted by Defendants Diversicare or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Defendants Diversicare or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Xxxxxxx Xxxx further agree that agrees that, within 90 days of the Effective Date of this Agreement they Agreement, he shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Xxxxxxx Xxxx or any of their subsidiaries his entities or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costsunallowable costs. Defendants agree Xxxxxxx Xxxx agrees that the United States, at a minimum, shall be entitled to recoup from Defendants Xxxxxxx Xxxx any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants Xxxxxxx Xxxx or any of their his subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Defendants Xxxxxxx Xxxx or any of their subsidiaries his entities’ or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants ACPA further agree agrees that within 90 days of the Effective Date effective date of this Agreement they shall Agreement, it will identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid Medicaid, VA and FEHBP fiscal agents, any Unallowable Costs unallowable costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid programProgram, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants ACPA or any of their subsidiaries or affiliatesits subsidiaries, and shall will request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costsunallowable costs. Defendants agree ACPA agrees that the United States, at a minimum, shall will be entitled to recoup from Defendants ACPA any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs unallowable costs on previously-submitted cost reports, information reports, cost statements, or requests request for payment. Any payments payment due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice Justice, and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants ACPA or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs unallowable costs (as defined in this Paragraph) on Defendants ACPA or any of their subsidiaries or affiliates’ its subsidiaries= cost reports, cost statements, or information reports. Nothing in this Agreement shall constitute a waiver of the rights of the United States to examine or reexamine the unallowable costs described in this Paragraph.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants DJ Drugs further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraphparagraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants DJ Drugs or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costsunallowable costs. Defendants agree DJ Drugs agrees that the United States, at a minimum, shall be entitled to recoup from Defendants DJ Drugs any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-previously submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants DJ Drugs or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Defendants DJ Drugs or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Omnicare further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Omnicare or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree Omnicare agrees that the United States, at a minimum, shall be entitled to recoup from Defendants Omnicare any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants Omnicare or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Defendants Omnicare or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants GSK further agree agrees that within 90 days of the Effective Date of this Agreement they Agreement, it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid Medicaid, and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid programProgram, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants GSK or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree GSK agrees that the United States, at a minimum, shall be entitled to recoup from Defendants GSK any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice Justice, and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants GSK or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Defendants GSK’s or any of their subsidiaries its subsidiaries’ or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants CHC further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraphparagraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants CHC or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree CHC agrees that the United States, at a minimum, shall be entitled to recoup from Defendants CHC any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants CHC or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Defendants CHC or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants CCH further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraphparagraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants CCH or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree CCH agrees that the United States, at a minimum, shall be entitled to recoup from Defendants CCH any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-previously submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants CCH or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Defendants CCH or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Providence further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid programGovernment, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Providence, or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree Xxxxxxxxxx agrees that the United StatesGovernment, at a minimum, shall be entitled to recoup from Defendants Providence any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice Justice, Medicaid Fraud Control Unit, and/or the affected agencies. The United States Government reserves its rights to disagree with any calculations submitted by Defendants Providence, or any of their subsidiaries or affiliates on the effect of inclusion ofinclusion of Unallowable Costs (as defined in this Paragraph) on Defendants Providence, or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Provider further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Provider or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costsunallowable costs. Defendants agree Provider agrees that the United States, at a minimum, shall be entitled to recoup from Defendants Provider any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants Provider or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Defendants Provider or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants or any of their subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costsunallowable costs. Defendants agree that the United States, at a minimum, shall be entitled to recoup from Defendants any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants or any of their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Defendants or any of their subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants further agree that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants or any of their subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree that the United States, at a minimum, shall be entitled to recoup from Defendants any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Defendants or any of their its subsidiaries or affiliates’ ' cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants RMS further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants RMS or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree RMS agrees that the United States, at a minimum, shall be entitled to recoup from Defendants RMS any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants RMS or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Defendants RMS or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Genotox further agree agrees that within 90 ninety (90) days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Genotox or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree Genotox agrees that the United States, at a minimum, shall be entitled to recoup from Defendants Genotox any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-previously submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants Genotox or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Defendants Genotox or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Novo Nordisk further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid Medicaid, VA and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Novo Nordisk or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree Novo Nordisk agrees that the United States, at a minimum, shall be entitled to recoup from Defendants Novo Nordisk any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants Novo Nordisk or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Defendants Novo Nordisk or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Assure further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraphparagraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Assure or any of their its subsidiaries or affiliates, ​ and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree Assure agrees that the United States, at a minimum, shall be entitled to recoup from Defendants Assure any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants Assure or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Defendants Assure or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants VHC further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraphparagraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants VHC or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree VHC agrees that the United States, at a minimum, shall be entitled to recoup from Defendants VHC any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants VHC or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Defendants VHC or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Northwest ENT further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Northwest ENT or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costsunallowable costs. Defendants agree Northwest ENT agrees that the United States, at a minimum, shall be entitled to recoup from Defendants Northwest ENT any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants Northwest ENT or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Defendants Northwest ENT or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Sava further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraphparagraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Sava or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree Sava agrees that the United States, at a minimum, shall be entitled to recoup from Defendants Sava any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants Sava or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Defendants Sava or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants NAPS further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraphparagraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants NAPS or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree NAPS agrees that the United States, at a minimum, shall be entitled to recoup from Defendants NAPS any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants NAPS or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Defendants NAPS or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Provider further agree agrees that within 90 ninety (90) days of the Effective Date effective date of this Agreement they shall Settlement Agreement, it will identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid Medicaid, VA, and FEHBP fiscal agents, any Unallowable Costs unallowable costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid programProgram, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants the Provider or any of their subsidiaries or affiliatessubsidiaries, and shall request, will request and agree, agree that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costsunallowable costs. Defendants agree The Provider agrees that the United States, at a minimum, shall will be entitled to recoup from Defendants the Provider any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs unallowable costs on previously-previously submitted cost reports, information reports, cost statements, or requests request for payment. Any payments payment due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants the Provider or any of their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs unallowable costs (as defined in this Paragraph) on Defendants the Provider or any of their subsidiaries or affiliates’ its subsidiaries' cost reports, cost statements, or information reports. Nothing in this Settlement Agreement shall constitute a waiver of the rights of the United States to examine or reexamine the unallowable costs described in this Paragraph.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants UHS further agree agrees that within 90 120 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants UHS or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree UHS agrees that the United States, at a minimum, shall be entitled to recoup from Defendants UHS any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants UHS or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Defendants UHS or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants NCH further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants NCH or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costsunallowable costs. Defendants agree NCH agrees that the United States, at a minimum, shall be entitled to recoup from Defendants NCH any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants NCH or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Defendants NCH or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants If applicable, Omnicare further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs unallowable costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Omnicare or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costsunallowable costs. Defendants agree Omnicare agrees that the United States, at a minimum, shall be entitled to recoup from Defendants Omnicare any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs unallowable costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any If applicable, any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants Omnicare or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs unallowable costs (as defined in this Paragraph) on Defendants Omnicare or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Inform further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraphparagraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Inform or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree Inform agrees that the United States, at a minimum, shall be entitled to recoup from Defendants Inform any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-previously submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants Inform or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Defendants Inform or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants ReNew further agree agrees that within 90 days of the Effective Date of this Settlement Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants ReNew or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree XxXxx agrees that the United States, at a minimum, shall be entitled to recoup from Defendants ReNew any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants ReNew or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Defendants ReNew or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants CenCal further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraphparagraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants CenCal or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree CenCal agrees that the United States, at a minimum, shall be entitled to recoup from Defendants CenCal any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants CenCal or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Defendants CenCal or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Novartis further agree agrees that within 90 days of the Effective Date of this Agreement they Agreement, as defined in Paragraph 30 below, it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid Medicaid, FEHBP, and FEHBP DVA fiscal agents, any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid programProgram, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Novartis or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree Novartis agrees that the United States, at a minimum, shall be entitled to recoup from Defendants Novartis any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice Justice, and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants Novartis or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Defendants Novartis or any of their subsidiaries its subsidiaries’ or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants further agree that within 90 days of the Effective Date of this Agreement they shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraphparagraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants SMMC or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree that the United States, at a minimum, shall be entitled to recoup from Defendants any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants or any of their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Defendants SMMC or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Practice Fusion further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Practice Fusion or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costsunallowable costs. Defendants agree Practice Fusion agrees that the United States, at a minimum, shall be entitled to recoup from Defendants Practice Fusion any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants Practice Fusion or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable ofeUnallowable Costs (as defined in this Paragraph) on Defendants Practice Fusion or any of their its subsidiaries or affiliates’ ' cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants ROC further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid Medicaid, VA and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants ROC or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree ROC agrees that the United States, at a minimum, shall be entitled to recoup from Defendants ROC any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants ROC or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Defendants ROC or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants further agree that within 90 days of the Effective Date of this Agreement they shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraphparagraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants or any of their subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree that the United States, at a minimum, shall be entitled to recoup from Defendants any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-previously submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants or any of their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Defendants or any of their subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Sansum Clinic further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraphparagraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Sansum Clinic or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree Sansum Clinic agrees that the United States, at a minimum, shall be entitled to recoup from Defendants Sansum Clinic any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants Sansum Clinic or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Defendants Sansum Clinic or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants further agree that within 90 ninety (90) days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Life Care or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree that the United States, at a minimum, shall be entitled to recoup from Defendants any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Defendants or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Ensign further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Ensign or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree Ensign agrees that the United States, at a minimum, shall be entitled to recoup from Defendants Ensign any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants Ensign or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Defendants Ensign or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants the ORIs further agree that within 90 days of the Effective Date of this Agreement they shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants the ORIs or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants The ORIs agree that the United States, at a minimum, shall be entitled to recoup from Defendants the ORIs any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants the ORIs or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Defendants the ORIs or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants If applicable, Exactech further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs unallowable costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Exactech or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costsunallowable costs. Defendants agree Exactech agrees that the United States, at a minimum, shall be entitled to recoup from Defendants Exactech any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs unallowable costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants Exactech or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs unallowable costs (as defined in this Paragraph) on Defendants Exactech or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants ROC further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid Medicaid, VA and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants ROC or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree XXX agrees that the United States, at a minimum, shall be entitled to recoup from Defendants ROC any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants ROC or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Defendants ROC or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Genova further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraphparagraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Genova or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree Genova agrees that the United States, at a minimum, shall be entitled to recoup from Defendants Genova any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants Genova or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Defendants Genova or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Xx. Xxxxxx further agree agrees that within 90 days of the Effective Date of this Agreement they shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid programGovernment, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Xx. Xxxxxx, or any of their subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costsunallowable costs. Defendants agree Xx. Xxxxxx agrees that the United StatesGovernment, at a minimum, shall be entitled to recoup from Defendants Xx. Xxxxxx any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice Justice, Medicaid Fraud Control Unit, and/or the affected agencies. The United States Government reserves its rights to disagree with any calculations submitted by Defendants Xx. Xxxxxx, or any of their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Defendants Xx. Xxxxxx, or any of their subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Mylan further agree that agrees that, within 90 days of the Effective Date of this Agreement they Agreement, it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Mylan or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree Mylan agrees that the United States, at a minimum, shall be entitled to recoup from Defendants Mylan any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants Mylan or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Defendants Mylan or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Xxxxxxxxxxxxxx further agree agrees that within 90 days of the Effective Date of this Agreement they he shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraphparagraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants or any of their subsidiaries or affiliatesXxxxxxxxxxxxxx, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree Xxxxxxxxxxxxxx agrees that the United States, at a minimum, shall be entitled to recoup from Defendants Xxxxxxxxxxxxxx any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-previously submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants or any of their subsidiaries or affiliates Xxxxxxxxxxxxxx on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Defendants Xxxxxxxxxxxxxx or any of their subsidiaries or affiliates’ his cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants BSC further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants BSC or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costsunallowable costs. Defendants agree XXX agrees that the United States, at a minimum, shall be entitled to recoup from Defendants BSC any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants BSC or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Defendants BSC or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants OraPharma further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraphparagraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants OraPharma or any of their its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree OraPharma agrees that the United States, at a minimum, shall be entitled to recoup from Defendants OraPharma any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-previously submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants OraPharma or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Defendants OraPharma or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. The Defendants further agree that within 90 days of the Effective Date of this Agreement they shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid Medicaid, VA and FEHBP fiscal agents, any Unallowable Costs unallowable costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid programProgram, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by the Defendants or any of their subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costsunallowable costs. The Defendants agree that the United StatesGovernment, at a minimum, shall be entitled to recoup from the Defendants any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs unallowable costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States Government pursuant to the direction of the Department of Justice Justice, and/or the affected agencies. The United States Government reserves its rights to disagree with any calculations submitted by the Defendants or any of their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs unallowable costs (as defined in this Paragraph) on the Defendants or any of their subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants MPU further agree that agrees that, if applicable, within 90 ninety (90) days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid Medicaid, VA and FEHBP fiscal agents, any Unallowable Costs unallowable costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid programProgram, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants MPU or any of their its subsidiaries or affiliates, and and, if applicable, shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costsunallowable costs. Defendants agree that MPU agrees that, if applicable, the United States, at a minimum, shall be entitled to recoup from Defendants MPU any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs unallowable costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any If applicable, any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice Justice, and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants MPU or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs unallowable costs (as defined in this Paragraph) on Defendants MPU or any of their its subsidiaries or affiliates’ ' cost reports, cost statements, or information reports.