Program Representations. The Participating Contractor shall not engage in unfair or inaccurate representations of NYSERDA, the Program, the Program Implementation contractors, external Program contractors, Community Partners, other Participating Contractors or Program affiliates.
Program Representations. Each party hereby represents, warrants and covenants to the other that as of the date of this Agreement, and for the entire term and any renewal hereof, with respect to any federal health care program as defined in section 1128B of the Social Security Act (42 U.S.C. 1320a-7b(f)) or any State health care program as defined in section 1128B of the Social Security Act (42 U.S.C. 1320a-7b(h)) (collectively, the “Programs”): neither (a) the representing party; (b) any individual with a direct or indirect ownership or control interest of five percent (5%) or more of the representing party; nor (c) any director, officer, agent or employee of the representing party; has ever been debarred, suspended or excluded from any Program. Each party covenants to immediately notify the other in writing if this representation is no longer true;
Program Representations. The Parties hereby represent, warrant, and covenant to each other that as of the date of this Agreement, and for the entire term and any renewal hereof, with respect to any federal health care program as defined in section 1128B of the Social Security Act (42 U.S.C. 1320a-7b(f)) or any state health care program as defined in section 1128B of the Social Security Act (42 U.S.C. 1320a-7b(h)) (collectively the “Programs”), neither (a) the representing Party; (b) any individual with a direct or indirect ownership or control interest of five percent (5%) or more of the representing Party; nor (c) any director, officer, agent, or employee of the representing Party (collectively, the “Representing Party”); is currently debarred, suspended, or excluded from any Program. Each Party covenants to immediately notify the other in writing if this representation is no longer true, or if such Party is sanctioned or has a civil monetary penalty levied under any Program. The listing of the Representing Party on the U.S. Department of Health and Human Services, Officer of Inspector General’s (“OIG”) exclusion list or the OIG’s website for excluded individuals/entities shall constitute a breach of this representation and require immediate written notice to the other Party.
Program Representations. The Partner shall not engage in unfair or inaccurate representations of NYSERDA, or NYSERDA’s Program Implementer Contractor, and affiliates.
Program Representations. With respect to any federal health care program as defined in section 1128B of the Social Security Act (42 U.S.C. 1320a-7b(f)) or any State or Commonwealth health care program as defined in section 1128B of the Social Security Act (42 U.S.C. 1320a-7b(h)) (collectively, the "Programs"), neither party, nor any individual with a direct or indirect ownership or control interest of five percent (5%) or more of such party, nor any director, officer, agent or employee of such party has ever (i) been debarred, suspended or excluded from any Program; (ii) been sanctioned under any Program; or (iii) had a civil monetary penalty levied under any Program. Each party covenants to immediately notify the other in writing if this representation is no longer true.
