Common use of Non-Exclusion Clause in Contracts

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. 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 PeriodTerm of the Agreement, 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. 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.. {0018967/0001/01472346 v2}

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 LukeXxxxx Xxxx’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.