Exclusion of Certain Persons Sample Clauses

Exclusion of Certain Persons. A person can only be appointed to act as an Expert if at the time of the appointment he is not:-
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Exclusion of Certain Persons. Pharmacy hereby represents and warrants that Pharmacy does not currently and shall not in the future, employ or contract with any individual or entity excluded from participation in any federal government program under section 1128 or 1128A of the Social Security Act, or with any entity that employs or contracts with such an individual for the performance of any of its responsibilities under this Agreement. Pharmacy shall have a continuing obligation to review the HHS OIG List of Excluded Individuals and Entities (LEIE list) and the General Service Administration (GSA) Excluded Parties Lists System (EPLS) on a monthly basis that it does not employ or contract with any individual or entity excluded from participation in federal government programs. In the event that Pharmacy becomes aware of such an excluded or debarred individual or entity, it shall notify Prime within twenty-four (24) hours of discovery of the excluded or debarred individual or entity, and Pharmacy shall terminate its relationship immediately with such individual or entity.
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Exclusion of Certain Persons. Provider shall certify to HMSA that Provider shall review the LEIE and the General Service Administration’s (“GSA’s”) Lists of Parties Excluded from Federal Procurement and Non-Procurement Programs (collectively, the “OIG and GSA Lists”) upon initially hiring all employees and at least once a year thereafter to ensure that neither Provider, nor any Provider employee and/or manager responsible for administering or delivering Covered Services to HMSA MA Plan Members or HMSA MA-PD Plan Members pursuant to this Agreement is included on either the OIG or GSA Lists, and that Provider does not and shall not during the term of this Article employ or contract with any person, or with any entity that employs or contracts with any person, included on the OIG or GSA Lists for the administration or delivery of Covered Services or the performance of any of Provider’s other responsibilities pursuant to this Agreement. Provider shall further require all new and existing employees responsible for any aspect of the performance of Provider’s obligations under this Agreement to immediately disclose to Provider any debarment, exclusion or other event that would make such employees ineligible to perform work related directly or indirectly to a federal health care program, including, but not limited to, a criminal conviction or civil judgment for fraudulent activity or a sanction under any federal program involving the provision of health care or prescription drug services. Provider shall further certify that in the event of such a disclosure, or if Provider or any Provider employee or manager appears on either of the OIG or GSA Lists, Provider shall: (i) immediately remove such person from any work related directly or indirectly to any federal health care program, including, but not limited to, the administration or delivery of any Medicare Part C or Part D benefits or the performance of any of Provider’s obligations pursuant to this Agreement; (ii) take appropriate corrective action; (iii) notify HMSA in writing of such removal and corrective action; and (iv) cooperate with any further corrective action requested or initiated by HMSA.
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Exclusion of Certain Persons. APS and APSH shall not; and shall require that no MHSA Provider or "downstream" entity with which APS contracts shall, employ or contract for the provision of health care, utilization review, medical social work or administrative services with any individual excluded from participation in Medicare under Section 1128 or 1128A of the Social Security Act. APS and APSH hereby certify that no such excluded person currently is employed by or under contract with APS and/or APSR or with any MHSA Provider or "downstream" entity with which APS contracts relating to the furnishing of these services to Advantra Members.
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Exclusion of Certain Persons. Pharmacy shall not employ or contract for the provisions of healthcare, utilization review, medical social work, or administrative services with any individual excluded from participation in Medicare under Section 1128 or 1128A of the Social Security Act. Pharmacy hereby certifies that no such excluded person currently is employed by or under contract with Pharmacy relating to the furnishing of Covered Services to M+C Members.
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Exclusion of Certain Persons. Without prejudice to Clause 16 of this Part IV of the Agreement, persons who are domiciled and/or using the e­banking services in the United States of America are excluded as contractual partners, clients, or service users of the e­banking services. The range of services provided pursuant to the e­banking services can be limited due to regulatory circumstances in different countries.
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Exclusion of Certain Persons. Provider certifies that neither it nor any of its principals (officers, directors, owners, partners, key employees, principal investigators, researchers or management or supervisory personnel) (Principals) is presently debarred, suspended, proposed for debarment, declared ineligible or excluded from participation in any federal grant, benefit, contract or program (including, but not limited to, Medicare and Medicaid) by any Federal department or agency. Provider agrees to provide immediate written notice to Healthways if it learns at any time that the certification herein was erroneous when submitted or if, during the Term of this Agreement, it, or any of its Principals, is debarred, suspended, proposed for debarment, declared ineligible or excluded from participation in any federal grant, benefit, contract or program. If subcontracting is permitted by the Agreement, Provider agrees that its subcontractors will comply with the foregoing covenant. Provider agrees that debarment, suspension, proposed debarment or suspension, ineligibility or exclusion of either party, or any of its principals or subcontractors, shall constitute cause for immediate termination of this Agreement. Provider further agrees to comply with all Federal anti-terrorism rules and regulations. Provider’s signature below shall serve as certification that, to the best of Provider’s knowledge, Provider 1) is not; 2) has not been designated as; 3) is not owned, affiliated, or controlled by; and 4) does not support, assist or aid a suspected terrorist organization or individual as defined by Federal law including, but not limited to, Executive Order 13224.
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Exclusion of Certain Persons as Licensee’s Personnel or from the Park If the Licensee is a company or other incorporated body, the Licensee must not, without the approval of the Director, have as a director or office holder a person who has been convicted of an offence against the EPBC Act or EPBC Regulations within the previous ten years. The Licensee must not, without the approval of the Director, use directly in undertaking or facilitating the Licensed Activities, the services of any person who has within the previous ten years been convicted of an offence against the EPBC Act or EPBC Regulations. If any of the Licensee’s Personnel:
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Related to Exclusion of Certain Persons

  • Exclusion of Certain Transactions (i) If the Company or the Operating Partnership shall propose to enter into any transaction in which the Advisor, any Affiliate of the Advisor or any of the Advisor’s directors or officers has a direct or indirect interest, then such transaction shall be approved by a majority of the Board not otherwise interested in such transaction, including a majority of the Independent Directors.

  • Exclusion of Certain Damages TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  • Exclusion of Certain Warrants The Company agrees that the redemption rights provided in Section 6.1 shall not apply to the Private Placement Warrants, the Working Capital Warrants or the Post-IPO Warrants (if such Post-IPO Warrants provide that they are non-redeemable by the Company) if at the time of the redemption such Private Placement Warrants, Working Capital Warrants or Post-IPO Warrants continue to be held by the Sponsor or any Permitted Transferees, as applicable. However, once such Private Placement Warrants, Working Capital Warrants or Post-IPO Warrants are transferred (other than to Permitted Transferees under Section 2.6), the Company may redeem the Private Placement Warrants, the Working Capital Warrants or the Post-IPO Warrants (if the Post-IPO Warrants permit such redemption by their terms) pursuant to Section 6.1 hereof, provided that the criteria for redemption are met, including the opportunity of the holder of such Private Placement Warrants, Working Capital Warrants or Post-IPO Warrants to exercise the Private Placement Warrants, the Working Capital Warrants or the Post-IPO Warrants prior to redemption pursuant to Section 6.1. The Private Placement Warrants, the Working Capital Warrants or the Post-IPO Warrants (if such Post-IPO Warrants provide that they are non-redeemable by the Company) that are transferred to persons other than Permitted Transferees shall upon such transfer cease to be Private Placement Warrants, Working Capital Warrants or Post-IPO Warrants and shall become Public Warrants under this Agreement.

  • Transfers of Certain Rights Except as otherwise provided for in Section 8 hereof, the rights granted to the Investors in this Agreement may be transferred by the Investor to a Qualified Buyer or a Permitted Transferee (provided such Permitted Transferee or Qualified Buyer holds at least fifty percent (50%) of the Shares or the Series B Conversion Shares purchased by such Investor at the Closing), and by such transferee to a subsequent Qualified Buyer or Permitted Transferee (provided such Qualified Buyer or Permitted Transferee holds at least fifty percent (50%) of the Shares or Series B Conversion Shares purchased by the original Investor at the Closing). Any Permitted Transferee or Qualified Buyer to whom rights under this Agreement are transferred shall (a) as a condition to such transfer, deliver to the Company a written instrument by which such Permitted Transferee or Qualified Buyer agrees to be bound by the obligations imposed upon the Investor under this Agreement to the same extent as if she, he or it were an Investor under this Agreement and (b) be deemed to be an investor hereunder.

  • Effect of Certain Transactions Subject to Section 9, in the event of (a) the liquidation or dissolution of the Company or (b) a merger or consolidation of the Company (a “Transaction”), the Option shall continue in effect in accordance with its terms, except that following the Transaction either (i) each outstanding Option shall be treated as provided for in the plan of liquidation or dissolution adopted, or the agreement entered into, in connection with the Transaction or (ii) if not so provided in such plan or agreement, the Optionee shall be entitled to receive in respect of each share of Common Stock subject to the Option, upon exercise of the Option, the same number and kind of stock, securities, cash, property or other consideration that each holder of a share of Common Stock was entitled to receive in the Transaction in respect of a share of Common Stock; provided, however, that such stock, securities, cash, property, or other consideration shall remain subject to all of the conditions, restrictions and performance criteria which were applicable to the Option prior to such Transaction.

  • Survival of Certain Provisions The covenants and agreements set forth in Section 4.1, Section 4.2 and Section 5.2 shall survive the Termination of the Company.

  • Incorporation of Certain Provisions The provisions of Sections 9.01, 9.07, 9.09 and 9.12 of the Credit Agreement are hereby incorporated by reference mutatis mutandis as if fully set forth herein.

  • Notice of Certain Transactions In the event that:

  • Breach of Certain Provisions Failure of Borrower to perform or comply with any term or condition contained in that portion of subsection 2.2 relating to Borrower's obligation to maintain insurance, subsection 2.3, Section 3 or Section 4; or

  • Treatment of Certain Refunds If any party determines, in its sole discretion exercised in good faith, that it has received a refund of any Taxes as to which it has been indemnified pursuant to this Section 2.17 (including by the payment of additional amounts pursuant to this Section 2.17), it shall pay to the indemnifying party an amount equal to such refund (but only to the extent of indemnity payments made under this Section 2.17 with respect to the Taxes giving rise to such refund), net of all out-of-pocket expenses (including Taxes) of such indemnified party and without interest (other than any interest paid by the relevant Governmental Authority with respect to such refund). Such indemnifying party, upon the request of such indemnified party, shall repay to such indemnified party the amount paid over pursuant to this paragraph (g) (plus any penalties, interest or other charges imposed by the relevant Governmental Authority) in the event that such indemnified party is required to repay such refund to such Governmental Authority. Notwithstanding anything to the contrary in this paragraph (g), in no event will the indemnified party be required to pay any amount to an indemnifying party pursuant to this paragraph (g) the payment of which would place the indemnified party in a less favorable net after-Tax position than the indemnified party would have been in if the Tax subject to indemnification and giving rise to such refund had not been deducted, withheld or otherwise imposed and the indemnification payments or additional amounts with respect to such Tax had never been paid. This paragraph shall not be construed to require any indemnified party to make available its Tax returns (or any other information relating to its Taxes that it deems confidential) to the indemnifying party or any other Person.

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