Common use of Compliance Obligations Clause in Contracts

Compliance Obligations. In the performance of their obligations under this Agreement, the parties will comply with all applicable laws and regulations. Without limiting the generality of the foregoing, the parties will observe and comply with the following provisions relating to the federal anti-kickback statute, set forth at 42 U.S.C. § 1320a-7b (b) (“Anti-Kickback Statute”), and the federal prohibition against physician self-referrals, set forth at 42 U.S.C. § 1395nn (“Xxxxx Law”). Nothing contained in this Agreement will be construed to require any University faculty physicians to refer patients to the Exhibitor, nor will the University track any referrals made by any University faculty physicians, nor will any compensation paid by the University to any University faculty physicians performing services under this Agreement be related to the volume or value of referrals by such University faculty physicians to the Exhibitor and such compensation will be consistent with fair market value as determined in arms’-length transactions. In no event will any payments, grants or other funding from the Exhibitor to the University be based unlawfully, directly or indirectly, on the volume or value of referrals or other business generated between the parties. Notwithstanding anything to the contrary herein, all payments associated with this Agreement are intended to comply with the requirements of applicable New Jersey state laws, such as the Codey Law, N.J.S.A. § 45:9-22.4 et seq. (as it may be amended from time to time) and the regulations promulgated thereunder. Each party represents and warrants that it will not violate the Anti-Kickback Statute or the Xxxxx Law, with respect to the performance of its obligations under this Agreement. To the extent that the compliance office of a party to this Agreement receives a report or otherwise has knowledge that an employee of the other party has or probably has violated the Anti-Kickback Statute, the Xxxxx Law or the Federal False Claims Act with respect to the performance of its obligations under this Agreement, and the party believes such information to be reasonably credible, such party will report the probable violation to the compliance office of the other party.

Appears in 8 contracts

Samples: Exhibitor Agreement, Exhibitor Agreement, Exhibitor Agreement

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Compliance Obligations. In the performance of their obligations under this AgreementTenant shall, the parties will at its sole cost and expense, comply with all applicable of the requirements of all municipal, state and federal authorities now in force, or which may hereafter be in force, pertaining to the interior and interior of the entrance to the Leased Premises, and shall faithfully observe in the use or occupancy of the Leased Premises all municipal ordinances and state and federal statutes, laws and regulations. Without limiting the generality of the foregoingregulations now or hereafter in force, including, without limitation, the parties will observe and comply with the following provisions relating to the federal anti-kickback statute, set forth at 42 U.S.C. § 1320a-7b “Environmental Laws” (b) (“Anti-Kickback Statute”as hereinafter defined), and the federal prohibition against physician self-referralsAmericans with Disabilities Act, set forth at 42 U.S.C. §§ 1395nn 12101-12213 (and any rules, regulations, restrictions, guidelines, requirements or publications promulgated or published pursuant thereto), whether or not any of the foregoing were foreseeable or unforeseeable at the time of the execution of this Lease. Tenant’s obligation to comply with and observe such requirements, ordinances, statutes and regulations shall apply regardless of whether such requirements, ordinances, statutes and regulations regulate or relate to Tenant’s particular use of the Leased Premises or regulate or relate to the use of premises in general, and regardless of the cost thereof. The judgment of any court of competent jurisdiction, or the admission of Tenant in any action or proceeding against Tenant, whether Landlord be a party thereto or not, that any such requirement, ordinance, statute or regulation pertaining to the Leased Premises has been violated, shall be conclusive of that fact as between Landlord and Tenant. Notwithstanding the foregoing, Tenant shall not be required to make any capital improvements to the Structural portions of the Building, or to any base building HVAC, plumbing or electrical systems, or to any aspect of the Building or Complex which it is Landlord’s obligation to maintain under this Lease, or to comply with any such laws, except if such work is required due to Tenant’s particular use or change in use, any non-standard office alterations made by Tenant, or any non-standard office improvements included as part of the Tenant Improvements (each a Xxxxx LawTenant Activity”). Nothing contained Landlord shall comply with such laws as the same pertain to the Common Areas of the Complex and the Building, other than the Leased Premises, except in respect of those matters in the Leased Premises for which Landlord is responsible in this Agreement will be construed Lease and those aspects of the Building or Complex which it is Landlord’s obligation to require any University faculty physicians to refer patients to the Exhibitormaintain, nor will the University track any referrals made by any University faculty physicians, nor will any compensation paid by the University to any University faculty physicians performing services repair and replace under this Agreement be related to the volume or value of referrals by such University faculty physicians to the Exhibitor and such compensation will be consistent with fair market value as determined in arms’-length transactions. In no event will any payments, grants or other funding from the Exhibitor to the University be based unlawfully, directly or indirectly, on the volume or value of referrals or other business generated between the parties. Notwithstanding anything to the contrary herein, all payments associated with this Agreement are intended to comply with the requirements of applicable New Jersey state laws, such as the Codey Law, N.J.S.A. § 45:9-22.4 et seq. (as it may be amended from time to time) and the regulations promulgated thereunder. Each party represents and warrants that it will not violate the Anti-Kickback Statute or the Xxxxx Law, with respect to the performance of its obligations under this Agreement. To the extent that the compliance office of a party to this Agreement receives a report or otherwise has knowledge that an employee of the other party has or probably has violated the Anti-Kickback Statute, the Xxxxx Law or the Federal False Claims Act with respect to the performance of its obligations under this AgreementLease, and the party believes cost such information work shall be included in Operating Costs to the extent permitted under this Lease; provided, however, that any such work within the Leased Premises shall be done at Tenant’s sole cost and expense if such work is then required to be reasonably credible, such party will report the probable violation done due to the compliance office of the other partyany Tenant Activity.

Appears in 2 contracts

Samples: Office Lease, Office Lease (Puma Biotechnology, Inc.)

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