Non-Exclusion. This clause 7 applies in addition to, and does not vary or exclude, the operation of section 97 or 97A of the Electricity Act or sections 119 and 120 of the National Electricity Law.
Non-Exclusion. Nothing in this clause 21 varies or excludes the operation of sections 97 or 97A of the Electricity Act or sections 119 or 120 of the National Electricity Law.
Non-Exclusion. Each party represents and certifies that neither it nor any practitioner who orders or provide Services on its behalf hereunder has been convicted of any conduct that constitutes grounds for mandatory exclusion as identified in 42 U.S.C.§ 1320a-7(a). Each party further represents and certifies that it is not ineligible to participate in Federal health care programs or in any other state or federal government payment program. Each party agrees that if DHHS/OIG excludes it, or any of its practitioners or employees who order or provide Services, from participation in Federal health care programs, the party must notify the other party within five (5) days of knowledge of such fact, and the other party may immediately terminate this Agreement, unless the excluded party is a practitioner or employee who immediately discontinues ordering or providing Services hereunder.
Non-Exclusion. Company represents and warrants that neither it nor any of its employees, directors, officers, equity owners, personnel, subcontractors or agents under this Agreement (collectively, “Company Personnel”) are excluded from participation, or are otherwise ineligible to participate, in a “federal health care program” (as defined in 42 USC §1320a- 7b(f)) or in any other government payment program, and that no such action is pending. Company will assess the status of the Company Personnel prior to hire or contracting and on a monthly basis thereafter as required by the United States Department of Health and Human Licensed Services or the Centers for Medicare and Medicaid Licensed Services. Company will notify Saint Luke’s in writing within three days of either of the following: (a) the discovery of any debarment, exclusion, suspension or other event that makes Company or any Company Personnel ineligible to participate in a federal health care program or any other government payment program; or (b) any conviction of Company or any of the Company Personnel of a criminal offense that falls within the scope of 42 USC §1320a-7(a), even if they have not yet been excluded, debarred, suspended or otherwise declared ineligible. Such notice will contain reasonably sufficient information to allow Saint Luke’s to determine the nature of any sanction. Company will be responsible for any and all expenses and lost revenue incurred by Saint Luke’s as a result of Company’s failure to screen or to notify Saint Luke’s of any such occurrence. Company will also be responsible for any and all related expenses and lost revenue directly or indirectly caused by Company’s failure to identify excluded individuals, including reimbursement of Saint Luke’s for any amounts Saint Luke’s is required to repay to any federal health care program or any amounts that Saint Luke’s is unable to xxxx for reimbursement because of the involvement of an excluded individual in the provision of the Services. If Company is in breach of this Section or upon the occurrence of such exclusion, debarment, suspension or conviction of Company or any Company Personnel, whether or not notice is given, Saint Luke’s may immediately terminate this Agreement.
Non-Exclusion. Company represents and warrants that neither it, nor any of its employees, agents or other contracted staff (collectively referred to in this Section as “employees”) has been or is about to be excluded from participation in any Federal Health Care Program (as defined herein). If at any time during the Evaluation Period, Company: (i) is charged with a criminal offense related to Federal Health Care Program or is proposed for exclusion from participation in Federal Health Care Program or procurement or nonprocurement programs; or (ii) has notice that any of its directors, officers, employees or Agents has been charged with a criminal offense related to Federal Health Care Program or is proposed for exclusion, Company agrees to notify Saint Luke’s immediately. In the event of any such notification, Saint Luke’s shall have the right to terminate the Agreement immediately upon notice to Company. 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. Further, in the event that Saint Luke’s becomes aware that any criminal charges or exclusions as described above are pending or proposed against Company, or that any director, officer, employee or agent of Company may otherwise be in violation of (or put Company in violation of) the Agreement, Saint Luke’s reserves the right in its sole discretion to terminate the Agreement or to exclude such individual/party or parties from participation in the Agreement, or to take other appropriate steps to protect patients and state and Federal program funds.
Non-Exclusion. Sections 97 and 97A of the Electricity Act and 119 and 120 of the National Electricity Law, and any other limitations of liability or immunities granted under electricity legislation, are not limited in their operation or application by anything contained in this contract.
Non-Exclusion. The Agreement does not affect any limitation of liability or immunity we have under the Law.
Non-Exclusion. Each party represents that it is not debarred, suspended, excluded or otherwise ineligible to participate in any federal or state healthcare program. Should either party become ineligible to participate in any federal or state healthcare program, the other party shall have the right to immediately terminate this Agreement.
Non-Exclusion. In addition to the other assurances provided by the parties, each party to this Agreement or an Addendum represents and warrants that it is not and at no time has been excluded from participation in any federally funded health care program, including Medicare and Medicaid, and each party represents and warrants that it will not employ or contract with any individual or entity (or an entity that employs or contracts with such an individual), excluded from participation in any federal health care program, including Medicare and Medicaid.
Non-Exclusion. Each party represents and certifies that it has not been convicted of any conduct identified on Exhibit D. Each party further represents and certifies that it is not ineligible to participate in Federal health care programs or in any other state or federal government payment program, as provided on Exhibit D or otherwise. Each party understands that if DHHS or OIG excludes it, or any of its employees who provide health care services, from participation in Federal health care programs, the party must notify the other party within 5 days of knowledge of such fact, and the other party may immediately terminate the Agreement. [Signature Page Follows]
