Government Program Participation. Supplier represents and warrants that it is not excluded from participation, and is not otherwise ineligible to participate, in a “Federal health care program” as defined in 42 U.S.C. § 1320a-7b(f) or in any other government payment program. In the event Supplier is excluded from participation, or becomes otherwise ineligible to participate in any such program during the Term, Supplier will notify Novation in writing within three (3) days after such event, and upon the occurrence of such event, whether or not such notice is given to Novation, Novation may immediately terminate this Agreement upon written notice to Supplier.
Government Program Participation. Each party represents that it has not been excluded from participating in any federal health care program, as defined in 42 U.S.C. § 1320a-7b(f), nor any other federal or state government payment program, and that it is eligible to participate in the foregoing programs. If either party is excluded or becomes otherwise ineligible to participate in any such program, such party will notify the other party of that event within thirty (30) days.
Government Program Participation. The Seller represents that it has not been excluded from participating in any “federal health care program”, as defined in 42 U.S.C. § 1320a-7b(f), or in any other federal or state government payment program and that it is eligible to participate in the foregoing programs. Buyer represents that it has not been excluded from participating in any “federal health care program”, as defined in 42 U.S.C. § 1320a-7b(f), or in any other federal or state government payment program and that each is eligible to participate in the foregoing programs. If Buyer is excluded from participating in, or becomes otherwise ineligible to participate in, any such program during the term of this agreement, then such party will notify the other party of that event within 30 days. Upon occurrence of that event, whether or not such notice is given, either party may terminate this agreement effective upon written notice to the other party. The service agreement is subject to and conditional upon pre-inspection of the unit in the event such unit has been out of warranty or not covered under a service agreement for more than 6 months prior to the start date of the Agreement. However, if the unit has been confirmed by Seller to meet Seller’s specifications within 90 days prior to the start date of the Agreement, such pre-inspection is not required.
Government Program Participation. Supplier represents and warrants that it is not excluded from participation, and is not otherwise ineligible to participate, in a “Federal health care program” as defined in 42 U.S.C. 1320a-7, et seq. or in any other government payment program. In the event Supplier is excluded from participation, or becomes otherwise ineligible to participate in any such program during the Term, Supplier shall notify ARMADA in writing within three (3) days after such event, and upon the occurrence of such event, whether or not such notice is given to ARMADA, ARMADA may immediately terminate this Agreement upon written notice to Supplier. * Portions of this exhibit have been omitted pursuant to a request for confidential treatment and have been filed separately with the Commission. Confidential
Government Program Participation. Each of the Facilities is eligible to receive payment from the Programs and is a "provider" under existing provider agreements with the Programs. Each of the Facilities is in substantial compliance with the conditions of participation in the Programs and has received all approvals or qualifications necessary for reimbursement on the Assets. Except as set forth on SCHEDULE 4.1.8, there is not pending, nor to Seller's knowledge threatened, any proceeding or investigation under the Programs involving the Facilities or any of the Assets.
Government Program Participation. Seller and Current Operator (i) are not currently excluded, suspended, debarred or otherwise ineligible to participate in any “Federal health care program” as defined in 42 U.S.C. section 1320a-7b(f) or in any other government payment program; (ii) are not bound to be excluded, suspended, debarred or otherwise declared ineligible to participate in any Federal health care program or other government payment program; and (iii) have not received any written notice of any federal, state or local government investigation, and Seller has no Knowledge of any circumstances that may result in Seller, Current Operator or their respective employees or agents being excluded from participation in any Federal health care program or other government payment program. Seller will promptly notify Buyer in writing of any change in the status of the representations and warranties set forth in this Section 10(o).
Government Program Participation. Each Party represents and warrants that it is not (1) excluded from participating in any “Federal health care program” as that phrase is defined in 42 U.S.C. § 1320a-7b(f) (“Excluded”), or (2) debarred, suspended, declared ineligible, or voluntarily excluded by any Federal department or agency (collectively, “Debarred”). In the event that a Party, during the Term of this Agreement, is Excluded or Debarred, that Party (the “Excluded Party”) shall notify the other Party (the “Non-Excluded Party”) in writing within three (3) days after such event. Upon the occurrence of such event, whether or not notice is given to the Non-Excluded Party, the Non-Excluded Party may terminate this Agreement immediately upon written notice to the Excluded Party.
Government Program Participation. (a) (i) Except as set forth on Schedule 3.27(a), neither the Company nor any of its Controlled Subsidiaries (A) is enrolled or authorized to participate in a Government Health Care Program, (B) has submitted any claims for payment to a Government Health Care Program, (C) operates a Facility that provides any services covered by a Government Health Care Program or (D) participates in a publicly funded health care program or plan or provides services to which the Health Canada Act applies. Each of the Facilities owned, managed or operated by the Company or a Controlled Subsidiary that has historically received Medicare or Medicaid reimbursement is eligible to receive payment without restriction under such Governmental Health Care Program. Each of the Facilities listed on Schedule 3.27(a) is in compliance with the conditions of participation for the Government Health Care Programs in all material respects. There is not pending or, to the Knowledge of the Debtors, threatened any material proceeding or investigation under any Government Health Care Program involving the Acquired Business, the Company or any of its Controlled Subsidiaries. Schedule 3.27(a) contains a complete and accurate list of all billing numbers issued by a Government Health Care Program to a Facility owned, managed or operated by the Company or a Controlled Subsidiary. The Company has Delivered true, correct and complete copies of the most recent Medicare and Medicaid certification survey reports for each facility owned, managed or operated by the Company or a Controlled Subsidiary, including any statements of deficiencies and plans of correction.
Government Program Participation. FMSU represents and warrants that it is not
Government Program Participation. FMSU represents and warrants that it is not (1) excluded from participating in any “Federal health care program” as that phrase is defined in 42 U.S.C. § 1320a-7b(f) (“Excluded”), or (2) debarred, suspended, declared ineligible, or voluntarily excluded by any Federal department or agency (collectively, “Debarred”). In the event that FMSU, during the Term of this Agreement, is Excluded or Debarred, FMSU shall notify the Customer in writing within three (3) days after such event. Upon the occurrence of such event, whether or not notice is given to the Customer, the Customer may terminate this Agreement immediately upon written notice to FMSU.
