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

Treatment of Unallowable Costs Previously Submitted for Payment. If applicable, Xxx Xxxxx further agrees that, within 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, DVA, BOP, 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 Xxx Lilly, its predecessors, parents, divisions, 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. Xxx Xxxxx agrees that the United States, at a minimum, shall be entitled to recoup from Xxx Lilly 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 of the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Xxx Lilly, its predecessors, parents, divisions, subsidiaries or affiliates on the effect of inclusion of Unallowable Costs on Xxx Xxxxx’x or its predecessors’, parents’, divisions’, subsidiaries’ or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. If applicable, Xxx Xxxxx Temple Continuing Care Center and Xxxxxx Xxxxxxxx further agrees that, agree that within 90 days of the Effective Date effective date of this Agreement, it shall they will identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid, DVA, BOP, 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 Program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Xxx Lilly, its predecessors, parents, divisions, Temple Continuing Care Center and Xxxxxx Xxxxxxxx or any of their 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. Xxx Xxxxx agrees Temple Continuing Care Center and Xxxxxx Xxxxxxxx agree that the United States, at a minimum, shall will be entitled to recoup from Xxx Lilly any overpayment, 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 of the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Xxx Lilly, its predecessors, parents, divisions, Temple Continuing Care Center and Xxxxxx Xxxxxxxx or any of their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs unallowable costs (as defined in this Paragraph) on Xxx Xxxxx’x Temple Continuing Care Center and Xxxxxx Xxxxxxxx or its predecessors’, parents’, divisions’, any of their 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. If applicableFCVNA, Xxx Xxxxx Xxxxx and Xxxx Xxxxx further agrees that, agree that within 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, DVA, BOP, Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid Programprogram, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Xxx LillyFCVNA, its predecessorsXxxxx Xxxxx and Xxxx Xxxxx or any of their subsidiaries or affiliates, parents, divisions, 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. Xxx FCVNA, Xxxxx agrees Xxxxx and Xxxx Xxxxx agree that the United StatesStates and the State of Connecticut, at a minimum, shall be entitled to recoup from Xxx Lilly FCVNA, Xxxxx Xxxxx and Xxxx Xxxxx any overpayment, overpayment plus applicable interest and penalties, 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 and the State of Connecticut pursuant to the direction of the Department of Justice and/or of the affected agencies. The United States reserves its and the State of Connecticut reserve their rights to disagree with any calculations submitted by Xxx LillyFCVNA, its predecessors, parents, divisions, Xxxxx Xxxxx and Xxxx Xxxxx or any of their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Xxx Xxxxx’x FCVNA, Xxxxx Xxxxx and Xxxx Xxxxx or its predecessors’, parents’, divisions’, subsidiaries’ any of their subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. If applicable, Xxx Xxxxx Cephalon further agrees that, within 90 60 days of the Effective Date of this Agreement, it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid, DVA, BOPDLA, BOP and FEHBP FEHB 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 Xxx LillyCephalon, its predecessors, parents, divisions, 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. Xxx Xxxxx Cephalon agrees that the United States, at a minimum, shall be entitled to recoup from Xxx Lilly Cephalon 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 of the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Xxx LillyCephalon, its predecessors, parents, divisions, subsidiaries or affiliates on the effect of inclusion of Unallowable Costs on Xxx Xxxxx’x Cephalon’s or its predecessors’, parents’, divisions’, subsidiaries’ or affiliates’ cost reports, cost statements, or information reports.