Convicted Entity definition

Convicted Entity means an individual or entity, as applicable, who has been convicted of a criminal offense that falls within the ambit of 42 U.S.C. §1320a – 7(a), but has not yet been excluded, debarred, suspended or otherwise declared ineligible.

Convicted Entity has the meaning set forth in Section 9.2.19.

Convicted Entity has the meaning set forth in Section 6.2.

Examples of Convicted Entity in a sentence

• BGM represents and warrants that neither it, nor any of its employees or agents working on the subject matter of this Agreement, has ever been, is currently, or is the subject of a proceeding that could lead to it becoming, as applicable, a Debarred Entity or Individual, an Excluded Entity or Individual or a Convicted Entity or Individual.

• The parties each hereby represent and warrant to the best of their knowledge after reasonable investigation, that neither it, nor any of its employees or agents who will participate in the performance of this Agreement, have been, are currently, or are the subject of a proceeding that could lead to their or such employees or agents becoming, as applicable, a Debarred Entity, Debarred Individual, Excluded Entity, Excluded Individual, Convicted Entity, or Convicted Individual.

• Each Party represents, warrants and covenants that it has not, nor to its knowledge have any of its employees or agents working on the subject matter of this Agreement, ever been a Debarred Entity or Debarred Individual, an Excluded Entity or Excluded Individual or a Convicted Entity or Convicted Individual, nor are they listed on the FDA’s Disqualified/Restricted List.

• Neither Party nor any of its employees nor agents performing hereunder, have ever been, are currently, or are the subject of a proceeding that could lead to it or such employees or agents becoming, as applicable, a Debarred Entity or Debarred Individual, an Excluded Entity or Excluded Individual or a Convicted Entity or Convicted Individual or added to the FDA’s Disqualified/Restricted List.

• OraSure further covenants, represents and warrants that if, during the Term, OraSure, or any of its employees, agents or Third Party Providers performing activities or services hereunder, becomes or is the subject of a proceeding that could lead to that party becoming, as applicable, a Debarred Entity or Debarred Individual, an Excluded Entity or Excluded Individual or a Convicted Entity or Convicted Individual, or added to FDA’s Disqualified and Restricted Lists, OraSure shall immediately notify AbbVie.

• Each of the Parties further warrants and represents that no Debarred Individual, Debarred Entity, Excluded Individual, Excluded Entity, Convicted Individual or Convicted Entity has performed or rendered, or will perform or render, any services or assistance on its behalf relating to activities taken pursuant to this Agreement.

• Neither it nor any of its employees nor to its knowledge, any of the agents performing hereunder, has ever been, is currently, or is the subject of a proceeding that could lead to it or such employees or agents becoming, as applicable, a Debarred Entity or Debarred Individual, an Excluded Entity or Excluded Individual or a Convicted Entity or Convicted Individual.

• BGM further covenants, represents and warrants that if, during the Term of this Agreement, it, or any of its employees or agents working on Xxxxxx’x behalf, becomes or is the subject of a proceeding that could lead to that Party becoming, as applicable, a Debarred Entity or Individual, an Excluded Entity or Individual or a Convicted Entity or Individual, BGM shall immediately notify Xxxxxx, and Xxxxxx shall have the right to immediately terminate this Agreement.

• Each Party represents and warrants that neither such Party, nor any Party employees, agents, subcontractors working on the subject matter hereunder, have ever been, are currently or are the subject of a proceeding that could lead to such Party or such employees, agents or subcontractors becoming, as applicable, a Debarred Entity or Debarred Individual, an Excluded Entity or Excluded Individual or a Convicted Entity or Convicted Individual, nor are they listed on the FDA’s Disqualified/Restricted List.

• Neither Party has ever been, is not currently, nor is it the subject of a proceeding that could lead to it becoming a Debarred Entity, Excluded Entity, or Convicted Entity and it will not use in any capacity, in connection with the obligations to be performed under this Agreement, any person who is a Debarred Individual, Excluded Individual or a Convicted Individual, nor are they listed on the FDA’s Disqualified/Restricted List for clinical investigators.

More Definitions of Convicted Entity

Convicted Entity has the meaning set forth in Section 5.1(h)(iv).

Convicted Entity means an individual or entity, as applicable, who has been convicted of a criminal offense that falls within the ambit of 21 U.S.C. §335a (a) or 42 U.S.C. §1320a - 7(a), but has not yet been excluded, debarred, suspended or otherwise declared ineligible. Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Secretary of the Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.

Convicted Entity has the meaning set forth in Section 10.2.16(d) (Additional Representations and Warranties of Licensor).

Convicted Entity has the meaning set forth in Section 10.2.13(d) (Additional Representations and Warranties of Dyadic).

Convicted Entity is an individual or entity, as applicable, who has been convicted of a crimina l offense that falls within the ambit of 21 U.S.C. §335a (a) or 42 U.S.C. §1320a – 7(a) (or any comparable law of the EMA or any country in the world, as each may be amended from time to time), but has not yet been excluded, debarred, suspended or otherwise declared ineligible. 6.3 C

Convicted Entity has the meaning set forth in Section 2.2.7(d). 1.28 “Convicted Individual” has the meaning set forth in Section 2.2.7(d). 1.29 “Cover” or “Covering” as used in relation to a Patent Right and a product means that such Patent Right would be infringed by the [***] of such product, including infringement of patent claims [***]; and as used in relation to a Patent Right and an invention shall mean that such Patent Right claims such invention. As used in this definition, pending patent claims will be considered as if they had been issued in the form in which they are pending at the time “Coverage” is considered. 1.30 “CRO” has the meaning set forth in Section 5.2.2. 1.31 “Debarred Entity” has the meaning set forth in Section 2.2.7(b). 1.32 “Debarred Individual” has the meaning set forth in Section 2.2.7(a). 1.33 “Disclosing Party” has the meaning set forth in Section 9.1. 1.34 “DMF” means a Drug Master File filed with the FDA, EMA, MHLW or another foreign equivalent.