Common use of Excluded Provider Clause in Contracts

Excluded Provider. 1As of the Effective Date of this Agreement, Invivo represents and warrants that Invivo, 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"). Invivo shall promptly notify Customer if it becomes aware that Invivo 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 Invivo with a reasonable opportunity to discuss and attempt to resolve in good faith with Customer any Customer related concerns in relation thereto, and/or will give Invivo 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. 1As As of the Effective Date date of the sale of this AgreementEquipment and/or Disposable Products, Invivo Philips represents and warrants that InvivoPhilips, its employees, employees and subcontractors, are not debarred, excluded, suspended, 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 Equipment and/or Disposable Products and services provided under this Agreement these Standard Terms and Conditions (an "Excluded Provider"). Invivo Philips shall promptly notify Customer if it becomes aware that Invivo Philips or any of its employees or subcontractors, subcontractors providing the Services services hereunder have become an Excluded Provider under a federal or state healthcare program, whereupon Customer shall provide Invivo Philips with a reasonable opportunity to discuss and attempt to resolve in good faith with Customer any Customer related concerns in relation thereto, and/or will give Invivo 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 order by express written notice for Services Equipment and/or Disposable Products and services not yet shipped or rendered prior to the a date of exclusion.