Debarment or Exclusion. The Contractor shall not employ any person nor contract with any person or entity that is excluded from participation in federally funded (in whole or in part) agreements, in accordance with 42 CFR Part 76 or who are debarred, suspended, declared ineligible or voluntarily excluded. The Contractor and any subcontractors must comply with federal law and must not knowingly have a director, officer, partner or person with a beneficial ownership of the Contractor’s equity, or an employee, contract or consultant who is significant or material to the provision of services under this contract, who has been or is affiliated with someone who has been, debarred, suspended or otherwise excluded by any federal agency. The Contractor shall maintain evidence of compliance in personnel files or with subcontractor’s documents. The Contractor shall certify compliance with this provision to the County prior to the term of this agreement, including certification of compliance of any other parties listed above with a beneficial ownership or a party significant to the provision of services under this agreement. The Contractor shall provide the full names of these parties to the County along with certification of compliance prior to the start of this contract.
Debarment or Exclusion. Each Party hereby represents and warrants that neither it, nor its principals, officers, employees or agents providing services under this Agreement, is and at no time has been excluded from participation in any federally funded health care program, including Medicare or Medicaid. Each Party hereby agrees to immediately notify the other Party of any threatened, proposed, or actual exclusion from any federally funded health care program, including Medicare and Medicaid. In the event that either Party is excluded from participation in any federally funded health care program during the Term of this Agreement, or if at any time after the Effective Date of this Agreement it is determined that the excluded Party is in breach of this Section, this Agreement shall, as of the effective date of such exclusion or breach, automatically terminate.
Debarment or Exclusion. Either Party, at its sole option, may immediately terminate this Agreement upon written notice, but without prior advance notice, to the other Party in the event that the other Party has been debarred under 21 U.S.C. Section 335a or excluded under Section 1128 of the Social Security Act of 1935.
Debarment or Exclusion. If the Alliance determines that an Alliance Member, including any of its officers, directors, key employees, or key subcontractors, has been added to any official list of debarred or excluded entities, it may remove the breaching Alliance Member. Termination made under this provision will be effective immediately upon the debarred or excluded Alliance Member receiving notice of the removal. If the Alliance determines that an Alliance Member’s debarment or exclusion does not warrant removal, the Alliance Members will instead negotiate an acceptable remedy to cure any damage caused by the debarment or exclusion. If the Alliance Members are unable, after sixty (60) days to reach a mutually acceptable accommodation, the non-breaching Alliance Members may vote to remove the breaching Alliance Member. If employees or subcontractors of an Alliance Member become debarred or excluded, those employees or subcontractors must be removed immediately from any work under any Customer contract.
Debarment or Exclusion. The Contractor shall not employ any person nor contract with any person or entity that is excluded from participation in federally funded (in whole or in part) agreements, in accordance with 42 CFR Part 76 or who are debarred, suspended, declared ineligible or voluntarily excluded. The Contractor and any subcontractors must comply with federal law and must not knowingly have a director, officer, partner or person with a beneficial ownership of the Contractor’s equity, or an employee, contract or consultant who is significant or material to the provision of New Day Community Dental, HDC.733 Page 6 of 25 services under this contract, who has been or is affiliated with someone who has been, debarred, suspended or otherwise excluded by any federal agency. The Contractor shall maintain evidence of compliance in personnel files or with subcontractor’s documents. The Contractor shall certify compliance with this provision to the County prior to the term of this agreement, including certification of compliance of any other parties listed above with a beneficial ownership or a party significant to the provision of services under this agreement. The Contractor shall provide the full names of these parties to the County along with certification of compliance prior to the start of this contract.
Debarment or Exclusion. Debarment or Exclusion are determined by either notice from the Party or by the other Party determining, through a review of websites or other published information, that a Party, including any of its officers, Directors, key employees, or key subcontractors, has been added to any official list of debarred or excluded entities. Once a Party has notice of a debarment or exclusion, that Party not debarred or excluded has ninety (90) days in which to terminate this Agreement. Termination made under this provision will be effective immediately upon the debarred or excluded Party receiving notice of the termination. If a Party determines that the other Party’s debarment or exclusion does not warrant terminating this Agreement, the Parties will instead negotiate an acceptable remedy to cure any damage caused by the debarment or exclusion. If the Parties are unable, after sixty (60) days to reach a mutually acceptable accommodation, the Party not debarred or excluded will then have thirty (30) days in which to terminate this Agreement. If this Agreement is not terminated within the prescribed time, the right to terminate based on that particular debarment or exclusion will be forfeited. This forfeiture will not act to bar a right to terminate under any subsequent debarment or exclusion. This right to terminate is not the only remedy available to a Party for this breach. All rights at law and in equity will remain available to a Party seeking redress for this breach.
