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

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt further agrees that within 120 days of the Effective Date of this 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 Mallinckrodt or any of 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. Mallinckrodt agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt 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 Mallinckrodt or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt The Debtors further agrees agree that within 120 90 days of the Effective Date of this Agreement it 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 Mallinckrodt the Debtors or any of its their 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. Mallinckrodt agrees The Debtors agree that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt the Debtors 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 Mallinckrodt the Debtors or any of its their current subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt the Debtors or any of its their current subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt The Prime Entity Defendants further agrees agree that within 120 90 days of the Effective Date of this Agreement it 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 Mallinckrodt the Prime Entity Defendants, or any of its 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. Mallinckrodt agrees The Prime Entity Defendants agree that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt the Prime Entity 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 Mallinckrodt the Prime Entity Defendants or any of its their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt the Prime Entity Defendants’ or any of its their subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Dignity Health further agrees that within 120 90 days of the Effective Date of this 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 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 Mallinckrodt Dignity Health or any of 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. Mallinckrodt Dignity Health agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Dignity Health 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 Mallinckrodt Dignity Health or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt Dignity Health or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt The Released Parties further agrees agree that within 120 90 days of the Effective Date of this 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 Mallinckrodt the Released Parties or any of 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. Mallinckrodt agrees The Released Parties agree that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt the Released Parties 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 Mallinckrodt the Released Parties or any of its subsidiaries their owned or affiliates on controlled entities of the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt the Released Parties or any of its subsidiaries their owned or affiliatescontrolled entities’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Xx. Xxxxxxx further agrees that within 120 90 days of the Effective Date of this Agreement it 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 Mallinckrodt Xx. Xxxxxxx or any of its subsidiaries employees or affiliatesagents, 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. Mallinckrodt Xx. Xxxxxxx agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Xx. 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 Mallinckrodt or any of its subsidiaries or affiliates Xx. Xxxxxxx on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt or any of its subsidiaries or affiliates’ Xx. Xxxxxxx’x cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Xx. Xx further agrees that within 120 90 days of the Effective Date of this Agreement it he shall identify to applicable Medicare Medicare, RRB 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 Mallinckrodt Xx. Xx or any of its his 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. Mallinckrodt Xx. Xx agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Xx. Xx 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 Mallinckrodt Xx. Xx or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt Xx. Xx or any of its subsidiaries subsidiaries’ or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt The Released Xxxxx Entities further agrees agree that within 120 90 days of the Effective Date of this Agreement it 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 (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 reportsreport, cost statements, information reports, or payment requests already submitted by Mallinckrodt or any of its subsidiaries or affiliatesthe Released Xxxxx Entities, and shall request, and agree, that such cost reports, cost statements, information reports, reports or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Mallinckrodt agrees The Released Xxxxx Entities agree that the United States, at a minimum, shall will be entitled to recoup from Mallinckrodt the Released Xxxxx Entities 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. If any Released Xxxxx Entity fails to identify such costs in past filed cost reports in conformity with this Paragraph, the United States may seek an appropriate penalty or other sanction in addition to the recouped amount. 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 Mallinckrodt or any of its subsidiaries or affiliates Released Xxxxx Entity, on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt or any of its subsidiaries or affiliates’ the cost reports, cost statementsstatement, or information reportsreports of the Released Xxxxx Entity.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Tuomey and Palmetto further agrees agree that within 120 90 days of the Effective Date of this Agreement it 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 Mallinckrodt Tuomey or any of 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. Mallinckrodt agrees Tuomey and Palmetto, for itself and Buyer, agree that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt any of them 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 Mallinckrodt Tuomey, Buyer, or Palmetto, or any of its their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt Tuomey or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Alliance and Ancor further agrees agree that within 120 ninety (90) days of the Effective Date of this Agreement it 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 Mallinckrodt Alliance, Ancor, or any of its 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. Mallinckrodt agrees Alliance and Ancor agree that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Alliance and/or Ancor 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 Mallinckrodt Alliance or Ancor or any of its their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt Alliance or Ancor or any of its their subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Crossroads Hospice further agrees that within 120 90 days of the Effective Date of this 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 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 Mallinckrodt Crossroads Hospice or any of 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. Mallinckrodt Crossroads Hospice agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Crossroads Hospice 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 Mallinckrodt Crossroads Hospice or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt Crossroads Hospice or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt If applicable, Dermatology Associates further agrees that within 120 90 days of the Effective Date of this 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 Mallinckrodt Dermatology Associates or any of its 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. Mallinckrodt Dermatology Associates agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Dermatology Associates 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 Mallinckrodt Dermatology Associates or any of its their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt Dermatology Associates or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Amedisys, Inc. further agrees that within 120 180 days of after the Effective Date effective date of this Agreement Agreement, it shall 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 Mallinckrodt Amedisys, Inc. or any of its subsidiaries or affiliates, 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. Mallinckrodt Amedisys, Inc. agrees that the United States, at a minimum, shall will be entitled to recoup from Mallinckrodt Amedisys, Inc. 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 Mallinckrodt Amedisys, Inc. or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs unallowable costs (as defined in this Paragraph) on Mallinckrodt Amedisys, Inc.’s or any of its subsidiaries or affiliatessubsidiaries’ 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. Mallinckrodt Defendants further agrees agree that within 120 90 days of the Effective Date of this Agreement it 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 state Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Mallinckrodt Defendants or any of its 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. Mallinckrodt agrees Defendants agree that the United States, New York, and New Jersey, at a minimum, shall be entitled to recoup from Mallinckrodt 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 States, New York, and New Jersey pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its States, New York, and New Jersey reserve their rights to disagree with any calculations submitted by Mallinckrodt Defendants or any of its their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt Defendants or any of its their subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Jaffa and SCRC further agrees that within 120 90 days of the Effective Date of this 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 Mallinckrodt Jaffa and SCRC or any of its 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. Mallinckrodt Xxxxx and SCRC agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Jaffa and SCRC 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 Mallinckrodt Xxxxx and SCRC or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt Jaffa and SCRC or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Manor Care-Bethlehem II further agrees that within 120 ninety (90) days of the Effective Date effective date of this Agreement Settlement Agreement, it shall 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 Mallinckrodt Manor Care- Bethlehem II or any of its 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. Mallinckrodt Manor Care-Bethlehem II agrees that the United States, at a minimum, shall will be entitled to recoup from Mallinckrodt Manor Care-Bethlehem II 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 Mallinckrodt Manor Care-Bethlehem II or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs unallowable costs (as defined in this Paragraph) on Mallinckrodt Manor Care-Bethlehem II or any of its subsidiaries or affiliatessubsidiaries’ 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. Mallinckrodt MEE further agrees that within 120 90 days of the Effective Date of this 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 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 Mallinckrodt MEE or any of 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. Mallinckrodt MEE agrees that the United StatesStates and the Commonwealth, at a minimum, shall be entitled to recoup from Mallinckrodt MEE 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 Commonwealth pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its and Commonwealth reserve their rights to disagree with any calculations submitted by Mallinckrodt MEE or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt MEE’s or any of its subsidiaries subsidiaries’ or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Dignity Health and Gold Coast further agrees agree that within 120 90 days of the Effective Date of this Agreement it Agreement, each 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 Mallinckrodt Dignity Health and Gold Coast or any of its 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. Mallinckrodt agrees Dignity Health and Gold Coast agree that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Dignity Health and Gold Coast 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 Mallinckrodt Dignity Health or Gold Coast or any of its their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt Dignity Health or Gold Coast or any of its their subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt the Settling Parties further agrees agree that within 120 90 days of the Effective Date of this Agreement it 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 by the Settling Parties 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 Mallinckrodt the Settling Parties or any of its 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. Mallinckrodt agrees The Settling Parties agree that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt the Settling Parties 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 paymentpayment by the Settling Parties. 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 Mallinckrodt the Settling Parties or any of its their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt the Settling Parties or any of its their subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Signature HomeNow further agrees that within 120 90 days of the Effective Date of this 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 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 Mallinckrodt Signature HomeNow or any of 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. Mallinckrodt Signature HomeNow agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Signature HomeNow 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 Mallinckrodt Signature HomeNow or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt Signature HomeNow or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt SDP and ImmediaDent further agrees agree that within 120 90 days of the Effective Date of this 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 Mallinckrodt SDP and ImmediaDent or any of 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. Mallinckrodt agrees SDP and ImmediaDent agree that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt SDP and ImmediaDent 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, or the State of Indiana pursuant to the direction of the Office of the Attorney General and/or the affected agencies. The United States reserves its and the State of Indiana reserve their rights to disagree with any calculations submitted by Mallinckrodt SDP and ImmediaDent or any of its their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt SDP and ImmediaDent or any of its their subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt NY Cardiology further agrees that within 120 90 days of the Effective Date of this 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 Mallinckrodt NY Cardiology or any of 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. Mallinckrodt NY Cardiology agrees that the United StatesStates and the State, at a minimum, shall be entitled to recoup from Mallinckrodt NY Cardiology 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 or the State pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its and the State reserve their rights to disagree with any calculations submitted by Mallinckrodt NY Cardiology or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt NY Cardiology or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Ventura County and Gold Coast further agrees agree that within 120 90 days of the Effective Date of this Agreement it Agreement, each 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 Mallinckrodt Ventura County and/or Gold Coast or any of its 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. Mallinckrodt agrees Ventura County and Gold Coast agree that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Ventura County and Gold Coast 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 Mallinckrodt Ventura County or Gold Coast or any of its their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt Ventura County or Gold Coast or any of its their subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt CareCloud further agrees that within 120 90 days of the Effective Date of this 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 Paragraphparagraph) included in payments that CareCloud 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 Mallinckrodt CareCloud or any of 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. Mallinckrodt CareCloud agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt CareCloud 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 Mallinckrodt CareCloud or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt CareCloud or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Xx. Xxxxxx Xxx and ICVC further agrees agree that within 120 90 days of the Effective Date of this Agreement it 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 Mallinckrodt Dr. Pal or any of 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. Mallinckrodt Dr. Pal agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Dr. Pal 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 Mallinckrodt Xx. Xxxxxx Xxx, ICVC or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt Xx. Xxxxxx Xxx, ICVC, or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt The Settling Defendants further agrees agree that within 120 90 days of the Effective Date of this Agreement it 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 StatesGovernment Entities, 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 Mallinckrodt the Settling Defendants or any of its 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. Mallinckrodt agrees The Settling Defendants agree that the United StatesGovernment Entities, at a minimum, shall be entitled to recoup from Mallinckrodt the Settling 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 Government Entities pursuant to the direction of the Department of Justice Justice, the offices of the state attorneys general, and/or the affected agencies. The United States reserves its Government Entities reserve their rights to disagree with any calculations submitted by Mallinckrodt the Settling Defendants or any of its their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt the Settling Defendants’ or any of its their subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt the BAYADA Companies further agrees that within 120 90 days of the Effective Date of this 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 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 Mallinckrodt the BAYADA Companies or any of 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. Mallinckrodt agrees The BAYADA Companies agree that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt the BAYADA Companies 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 Mallinckrodt the BAYADA Companies or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt the BAYADA Companies or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt The Xxxxx Entities further agrees agree that within 120 90 days of the Effective Date of this Agreement it 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 Mallinckrodt the Xxxxx Entities or any of its 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. Mallinckrodt agrees The Xxxxx Entities agree that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt the Xxxxx Entities 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 Mallinckrodt the Xxxxx Entities or any of its their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt the Xxxxx Entities or any of its their subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt The Park Square Defendants and Xx. Xxxx further agrees agree that within 120 90 days of the Effective Date of this 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 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 Mallinckrodt the Park Square Defendants or Xx. Xxxx or any of its 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. Mallinckrodt agrees The Park Square Defendants and Xx. Xxxx agree that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt the Park Square Defendants and Xx. 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 Mallinckrodt the Park Square Defendants, Xx. Xxxx, or any of its their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt the Park Square Defendants, Xx. Xxxx, or any of its their subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Xxxx Xxxxxx further agrees that within 120 90 days of the Effective Date effective date of this Agreement Agreement, it shall 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 Mallinckrodt Xxxx Xxxxxx or any of its subsidiaries or affiliatessubsidiaries, 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. Mallinckrodt Xxxx Xxxxxx agrees that the United States, at a minimum, shall will be entitled to recoup from Mallinckrodt Xxxx 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 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 Mallinckrodt Xxxx Xxxxxx or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs unallowable costs (as defined in this Paragraph) on Mallinckrodt Xxxx Xxxxxx or any of its subsidiaries or affiliatessubsidiaries’ 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. Mallinckrodt Evercare further agrees that within 120 90 days of the Effective Date of this 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 Mallinckrodt Evercare or any of 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. Mallinckrodt Evercare agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Evercare 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 Mallinckrodt Evercare or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt Evercare or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Green Acres further agrees that within 120 90 days of the Effective Date effective date of this Agreement Agreement, it shall will 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 that have affected its reimbursement from any federal program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Mallinckrodt Green Acres or any of its subsidiaries or affiliatessubsidiaries, 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. Mallinckrodt Green Acres agrees that the United States, at a minimum, shall will be entitled to recoup from Mallinckrodt Green Acres 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 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 Mallinckrodt Green Acres or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs unallowable costs (as defined in this Paragraph) on Mallinckrodt Green Acres or any of its subsidiaries or affiliates’ 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. Mallinckrodt Majestic Oaks further agrees that within 120 90 days of the Effective Date effective date of this Agreement Agreement, it shall will 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 that have affected its reimbursement from any federal program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Mallinckrodt Majestic Oaks or any of its subsidiaries or affiliatessubsidiaries, 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. Mallinckrodt Majestic Oaks agrees that the United States, at a minimum, shall will be entitled to recoup from Mallinckrodt Majestic Oaks any overpayment plus applicable interest and penalties as a result of the inclusion of such –16– 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 Mallinckrodt Majestic Oaks or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs unallowable costs (as defined in this Paragraph) on Mallinckrodt Majestic Oaks or any of its subsidiaries or affiliatessubsidiaries’ cost reports, cost statements, or information reports. Notwithstanding the foregoing, Majestic Oaks shall not be required to resubmit or amend any previously filed cost report simply because it reflects Unallowable Costs, provided that the reporting of such Unallowable Costs do not directly or indirectly impact reimbursement due in connection with any federal program (for example consulting fees which might comprise Unallowable Costs which are over and above a regulatory ceiling and therefore not subject to being reimbursement even if reported). 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. Mallinckrodt Aegerion further agrees that within 120 90 days of the Effective Date of this 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 Mallinckrodt Aegerion or any of 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. Mallinckrodt Aegerion agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Aegerion 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 Mallinckrodt Aegerion or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt Aegerion or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt the PMP Defendants further agrees agree that within 120 90 days of the Effective Date of this Agreement it 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 Mallinckrodt the PMP Defendants or any of its 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. Mallinckrodt agrees The PMP Defendants agree that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt the PMP 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 Mallinckrodt the PMP Defendants or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt the PMP Defendants or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Xx. Xxxxxxxx further agrees that within 120 90 days of the Effective Date of this Agreement it 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 Mallinckrodt Xx. Xxxxxxxx or any of its his 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. Mallinckrodt Xx. Xxxxxxxx agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Xx. Xxxxxxxx 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 Mallinckrodt Xx. Xxxxxxxx or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt Xx. Xxxxxxxx or any of its his subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Xx. Xxxxxx Xxx and ICVC further agrees agree that within 120 90 days of the Effective Date of this Agreement it 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 Mallinckrodt Xx. Xxx or any of 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. Mallinckrodt Xx. Xxx agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Xx. Xxx 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 Mallinckrodt Xx. Xxxxxx Xxx, ICVC or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt Xx. Xxxxxx Xxx, ICVC, or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt AngioDynamics further agrees that within 120 90 days of the Effective Date of this 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 state Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Mallinckrodt AngioDynamics or any of 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. Mallinckrodt AngioDynamics agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt AngioDynamics 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 Mallinckrodt AngioDynamics or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt AngioDynamics or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Liberator further agrees that within 120 90 days of the Effective Date of this 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 Mallinckrodt Liberator or any of 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. Mallinckrodt Liberator agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Liberator 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 Mallinckrodt Liberator or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt Liberator or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Nostrum and Xxxxx further agrees agree that within 120 90 days of the Effective Date of this Agreement it 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 Mallinckrodt Nostrum and Xxxxx or any of its 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. Mallinckrodt agrees Nostrum and Xxxxx agree that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt them 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 Mallinckrodt Nostrum and Xxxxx or any of its their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt Nostrum’s and Mulye’s or any of its their subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt If applicable, Biomet further agrees that within 120 90 days of the Effective Date of this Agreement 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 Mallinckrodt Biomet or any of 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. Mallinckrodt Biomet agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Biomet 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 Mallinckrodt Biomet or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs unallowable costs (as defined in this Paragraph) on Mallinckrodt Biomet or any of its subsidiaries or affiliates’ 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. Mallinckrodt If applicable, Walgreens further agrees that within 120 90 days of the Effective Date of this Agreement 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 Mallinckrodt Walgreens or any of 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. Mallinckrodt Walgreens agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Walgreens 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 Mallinckrodt Walgreens or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs unallowable costs (as defined in this Paragraph) on Mallinckrodt Walgreens or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Defendants further agrees agree that within 120 ninety (90) days of the Effective Date of this Agreement it 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 Mallinckrodt Defendants or any of its 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. Mallinckrodt agrees Defendants agree that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt 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 U.S. Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Mallinckrodt Defendants or any of its their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt Defendants or any of its their subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt If applicable, InterMune further agrees that within 120 90 days of the Effective Date of this Agreement Agreement, it shall will identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid Medicaid, DLA, DVA, 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 Mallinckrodt InterMune or any of its subsidiaries or affiliatessubsidiaries, 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. Mallinckrodt InterMune agrees that the United States, at a minimum, shall will be entitled to recoup from Mallinckrodt InterMune 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 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 Mallinckrodt InterMune or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs unallowable costs (as defined in this Paragraph) on Mallinckrodt InterMune’s or any of its subsidiaries or affiliatessubsidiaries’ 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. Mallinckrodt If applicable, NeuroMetrix further agrees that within 120 60 days of the Effective Date of this Agreement Agreement, it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid Medicaid, DVA, 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 Mallinckrodt NeuroMetrix, its predecessors, parents, divisions, subsidiaries, or any of 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. Mallinckrodt NeuroMetrix agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt NeuroMetrix any overpayment overpayment, plus applicable interest and penalties 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 Mallinckrodt NeuroMetrix or any of its parents, divisions, subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt NeuroMetrix or any of its divisions, subsidiaries or affiliates’ 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 re-examine the Unallowable Costs described in this Paragraph.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Defendants further agrees agree that within 120 90 days of the Effective Date of this Agreement it 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 Paragraphparagraph) included in payments previously sought from the United States, or any State state Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Mallinckrodt Defendants or any of its their subsidiaries or POLYMEDICA SETTLEMENT AGREEMENT 13 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. Mallinckrodt agrees Defendants agree that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt 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 Justice, and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Mallinckrodt Defendants or any of its their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs unallowable costs (as defined in this Paragraphparagraph) on Mallinckrodt Defendants or any of its their subsidiaries or affiliates’ ' cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Clinicas and Gold Coast further agrees agree that within 120 90 days of the Effective Date of this Agreement it Agreement, each 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 Mallinckrodt Clinicas and/or Gold Coast or any of its 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. Mallinckrodt agrees Clinicas and Gold Coast agree that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Clinicas and Gold Coast 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 Mallinckrodt Clinicas or Gold Coast or any of its their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt Clinicas or Gold Coast or any of its their subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Pacira further agrees that within 120 90 days of the Effective Date of this 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 Mallinckrodt Pacira or any of 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. Mallinckrodt Pacira agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Pacira 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 Mallinckrodt Pacira or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt Pacira or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Essilor further agrees that within 120 90 days of the Effective Date of this 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 Mallinckrodt or any of its Essilor, Xxxxxxx’s subsidiaries or affiliates, or Providers enrolled in Essilor’s Threshold Programs, 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. Mallinckrodt Xxxxxxx agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Essilor, any of its subsidiaries or affiliates, or Providers enrolled in Essilor’s Threshold Programs, 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 Mallinckrodt Essilor or Providers enrolled in Essilor’s Threshold Programs, or any of its Essilor’s subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt Essilor or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Prism further agrees that within 120 90 days of the Effective Date of this Agreement it shall identify to applicable Medicare Medicare, Medicaid, 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, California, or any State state Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Mallinckrodt Prism or any of 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. Mallinckrodt Prism agrees that the United StatesGovernments, at a minimum, shall be entitled to recoup from Mallinckrodt Prism 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 Governments pursuant to the direction of the United States Department of Justice Justice, the California Attorney General’s Office, and/or the affected agencies. The United States reserves its Governments reserve their rights to disagree with any calculations submitted by Mallinckrodt Prism or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt Prism or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.