Excluded Provider. 24.1 As of the Effective Date of this Agreement, Philips represents and warrants that Philips, its employees, and subcontractors, are not debarred, excluded, suspended, or otherwise ineligible to participate in a federal or state health care program, nor have they been convicted of any health care related crime for the products and Services provided under this Agreement (an “Excluded Provider”). Philips shall promptly notify Customer if it becomes aware that Philips or any of its employees or subcontractors, providing the Services hereunder have become an Excluded Provider under a federal or state healthcare program, whereupon Customer shall provide Philips with a reasonable opportunity to discuss and attempt to resolve in good faith with Customer any Customer-related concerns, and/or will give Philips a reasonable opportunity to dispute its, or its employee’s or subcontractor’s, designation as an Excluded Provider. In the event that the parties are unable to resolve any such Customer concerns of the applicable party’s designation as an Excluded Provider, then Customer may terminate this Agreement by express written notice for Services not yet rendered prior to the date of exclusion.
Excluded Provider. Supplier represents and warrants that it, and, to the best of its knowledge, its employees and subcontractors providing the Products are not debarred, excluded, suspended or otherwise ineligible to participate in a federal health care program, nor have they been convicted of any health care related crime (an “Excluded Provider”). Supplier shall promptly notify Silk Road Medical in writing in the event that it becomes aware that any of its employees or subcontractors providing the Products has become an Excluded Provider. Silk Road Medical may terminate this Agreement upon written notice to Supplier if Supplier, or any of its employees or subcontractors providing the Products becomes an Excluded Provider. EXECUTION VERSION
Excluded Provider. Each party represents that it has not been convicted of a crime related to healthcare, and is not currently listed by a federal agency as debarred, excluded or otherwise ineligible to participate in federally funded programs. If either representation changes, the affected party shall notify the other party immediately after the party receives notice that it is an excluded provider. The party receiving this notice shall have the right to terminate this Agreement immediately after receiving the notice. For purposes of this section, the term "excluded provider" shall mean each entity entering into this Agreement and each entity's parent, principals, shareholders, directors, and officers (including subcontractors and employees).
Excluded Provider. Company warrants that it is not sanctioned or excluded from any Federally funded health care programs as provided in Sections 1128 and 1128A of the Social Security Act (42 U.S.C. 1320a-7a). Company further agrees that it will notify Buyer immediately in the event it becomes sanctioned or excluded from any federally funded health care programs. Such notification shall include the grounds for sanction or exclusion and the duration thereof.
Excluded Provider. Landlord hereby represents and warrants that neither Landlord nor any owner of Landlord is, or at any time has been, excluded from participation in any federally funded health care program, including Medicare and Medicaid. Landlord hereby agrees to notify Tenant immediately of any threatened, proposed, or actual exclusion of Landlord or any owner of Landlord from any federally funded health care program, including Medicare and Medicaid. In the event that Landlord or any owner of Landlord is excluded from participation in any federally funded health care program during the Term, or if at any time after the Effective Date of this Lease it is determined that Landlord or any owner of Landlord is in breach of this Section, Tenant shall, as of the effective date of such exclusion or breach, automatically terminate this Lease. Landlord shall indemnify and hold harmless Tenant against all actions, claims, demands, and liabilities and against all loss, damage, costs, and expenses, including reasonable attorneys’ fees, due to the exclusion of Landlord or any owner of Landlord from a federally funded health care program, including Medicare or Medicaid or out of an actual or alleged injury to a person or to property as a result of the negligent, intentional act or omission, or criminal or fraudulent act of Landlord or any of Landlord’s employees, subcontractors, or agents providing services in connection with Landlord’s obligations under the Lease. iii. Compliance with Medicare Anti-Kickback, Self-Referral and Anti- Rebate Laws. To the extent the following is applicable, neither party shall engage in any activity prohibited by 42 U.S.C. §1395nn (42 Code of Federal Regulations, Part 411 (411.1 to 411.361)), 42 U.S.C. §1320a-7a and 42 U.S.C. Section 1320a-7b (42 Code of Federal Regulations, Part 1001 (1001.952(a) to 1001.1001)) or any other federal, state, or local law
Excluded Provider. Each Party represents and warrants that it, and, to the best of its knowledge, its employees and subcontractors providing or marketing the Products are not debarred, excluded, suspended or otherwise ineligible to participate in a U.S. federal health care program, nor have they been convicted of any U.S. health care related crime (an “Excluded Provider”). Each Party will promptly notify the other Party in writing if it becomes aware that any of its employees or subcontractors providing or marketing the Products has become an Excluded Provider. Either Party may terminate this Agreement upon written notice to the other Party if such other Party or any of its employees or subcontractors providing or marketing the Products becomes an Excluded Provider.
Excluded Provider. Contractor represents and warrants that he/she is not listed by a federal agency as excluded, debarred, suspended, or otherwise ineligible to participate in or bxxx and collect from federal programs, including Medicare and Medicaid, and is not listed, nor has any current reason to believe that during the term of this Agreement will be so listed, on the HHS-OIG cumulative Sanctions Report or the General Services Administration List of Parties Excluded from Federal Procurement and Non-Procurement Programs. Contractor further represents and warrants that it is not listed on the Specially Designated National and Blocked Persons list by the office of Foreign Assets Control. MODD may terminate this Agreement, upon written notice, in the event that Contractor or any person providing services under the terms of this Agreement, as appropriate, is listed on the HHS-OIG Cumulative Sanctions Reports or on the General Services Administration List of Parties Excluded form Federal Procurement and Non-Procurement Program, or on the Specially Designated Nationals and Blocked Persons list by the office of Foreign Assets Control or has its Medicare billing privileges revoked.
Excluded Provider. Emageon hereby represents, and warrants that it is not an excluded provider under the Medicare/Medicaid programs ("Excluded Provider"). Furthermore, in the event that Emageon is ever deemed to be an Excluded Provider, Customer may terminate any and all payment obligations to Emageon without resulting in a breach of the Agreement and may terminate the Agreement without liability or payment to Emageon. Any licenses granted hereunder to the SYSTEM shall automatically convert to perpetual, royalty-free licenses to use, copy, and modify such property for Customer's internal use upon termination of the Agreement pursuant to this Section 15.11. Emageon reserves the right of Assignment as set forth in Section 15.4 so that its products and related services may be transferred to a provider that is not classified as Excluded.
Excluded Provider. Philips represents and warrants that Philips, its employees, and subcontractors, are neither debarred, excluded, suspended, or otherwise ineligible to participate in a federal health care program, nor have they been convicted of any health care related crime for the products and services provided under this Agreement (an "Excluded Provider"). Philips shall promptly notify Customer if it becomes aware that Philips or any of its employees or subcontractors, providing the Services becomes an Excluded Provider, whereupon Customer may terminate this order by express written notice for services not yet rendered.
Excluded Provider. Elekta represents and warrants that neither it nor any of its employees or other contracted staff (collectively referred to in this paragraph as "employees") has been or is about to be excluded from participation in any Federal Health Care Program (as defined herein). Elekta agrees to notify End User within five (5) business days of Elekta's receipt of notice of intent to exclude or actual notice of exclusion from any such program. The listing of Elekta or any of its employees on the Office of Inspector General's exclusion list (01G website) the General Services Administration's Lists of Parties Excluded from Federal Procurement and Nonprocurement Programs (GSA website) for excluded individuals or entities, any state Medicaid exclusion list or the Office of Foreign Assets Control's (OFAC's) blocked list shall constitute "exclusion" for purposes of this paragraph. In the event that Elekta or any of its employees is excluded from any Federal Health Care Program or placed on the OFAC's blocked list, it shall be a material breach and this Agreement shall immediately terminate without penalty to End User, unless End User elects in writing to continue this Agreement. For the purpose of this paragraph, the term "Federal Health Care Program" means the Medicare program, the Medicaid program, TRICARE, any health care program of the Department of Veterans Affairs, the Maternal and Child Health Services Block Grant program any state social services block grant program, any state children's health insurance program, or any similar program.
