Common use of Excluded Entities Clause in Contracts

Excluded Entities. The Grantee, represents and warrants that prior to the date of the Agreement, it has screened itself, and its officers and directors against the Exclusion Lists and that it has informed Global Impact whether it, or any of its officers or directors, has been in Violation (as hereinafter defined). After the execution of the Agreement, Grantee shall notify Global Impact in writing immediately if any such Violation occurs or comes to its attention. Global Impact shall also have the right, in its sole discretion, to terminate this Agreement immediately in the event of any such Violation. The term “In Violation” with respect to any person or entity shall mean such person or entity has been: (1) convicted of any of the felonies identified among the exclusion authorities listed on the U.S. Department of Health and Human Services, Office of Inspector General (OIG) website, including 42 U.S.C. 1320a-7(a) (xxxx://xxx.xxx.xxx/exclusions/authorities.asp); (2) identified in the OIG List of Excluded Individuals/Entities (LEIE) database (xxxx://xxx.xxx.xxx/exclusions/index.asp) or the U.S. General Services Administration’s list of Parties Excluded from Federal Programs (xxxxx://xxx.xxx.gov/XXX/); or (3) listed by any US Federal agency as being suspended, debarred, excluded, or otherwise ineligible to participate in Federal procurement or nonprocurement programs, including under 21 U.S.C. 335a (xxxxx://xxx.xxx.xxx/inspectionscompliance-enforcement-and-criminal- investigations/compliance-actions-and-activities/fdadebarment-list-drug-product-applications ) (each of (1), (2) and (3) collectively the “Exclusions Lists”), and the term “Violation” shall have a corresponding meaning.

Excluded Entities. The Grantee, Participant represents and warrants that prior to the date of the Agreementaccepting discounts under any Product Program through this LOP, it has screened itself, and its officers and directors against the Exclusion Lists and that it has informed Global Impact Merck whether it, or any of its officers or directors, directors has been in Violation (as hereinafter defined)Violation. After the execution of the Agreementparticipation begins, Grantee Participant shall notify Global Impact Merck in writing immediately if any such Violation occurs or comes to its attention. Global Impact Merck shall also have the right, in its sole discretion, to terminate this Agreement any Participant’s enrollment immediately in the event of any such Violation. The For the purpose of this Section the term “In Violation” with respect to any person or entity Violation shall mean such person that either Participant, or entity any of its officers or directors has been: (1) convicted of any of the felonies identified among the exclusion authorities listed on the U.S. Department of Health and Human Services, Office of Inspector General (OIG) website, including 42 U.S.C. 1320a-7(a) (xxxx://xxx.xxx.xxx/exclusions/authorities.asp); (2) identified in the OIG List of Excluded Individuals/Entities (LEIE) database (xxxx://xxx.xxx.xxx/exclusions/index.asp) or the U.S. General Services Administration’s 's list of Parties Excluded from Federal Programs (xxxxx://xxx.xxx.gov/XXX/xxxx://xxx.xxxx.xxx); or (3) listed by any US Federal agency as being suspended, debarred, excluded, or otherwise ineligible to participate in Federal procurement or nonprocurement non-procurement programs, including under 21 U.S.C. 335a (xxxxx://xxx.xxx.xxx/inspectionscompliance-enforcement-and-criminal- investigations/compliance-actions-and-activities/fdadebarment-list-drug-product-applications xxxx://xxx.xxx.xxx/ora/compliance_ref/debar/) (each of (1), (2) ), and (3) collectively the “"Exclusions Lists”"), and the term “Violation” shall have a corresponding meaning.

Excluded Entities. The Grantee, represents and warrants that prior to the date of the Agreement, it has screened itself, and its officers and directors against the Exclusion Lists and that it has informed Global Impact whether it, or any of its officers or directors, has been in Violation (as hereinafter defined). After the execution of the Agreement, Grantee shall notify Global Impact in writing immediately if any such Violation occurs or comes to its attention. Global Impact shall also have the right, in its sole discretion, to terminate this Agreement immediately in the event of any such Violation. The term “In Violation” with respect to any person or entity shall mean such person or entity has been: (1) convicted of any of the felonies identified among the exclusion authorities listed on the U.S. Department of Health and Human Services, Office of Inspector General (OIG) website, including 42 U.S.C. 1320a-7(a) (xxxx://xxx.xxx.xxx/exclusions/authorities.asp); (2) identified in the OIG List of Excluded Individuals/Entities (LEIE) database (xxxx://xxx.xxx.xxx/exclusions/index.asp) or the U.S. General Services Administration’s list of Parties Excluded from Federal Programs (xxxxx://xxx.xxx.gov/XXX/); or (3) listed by any US Federal agency as being suspended, debarred, excluded, or otherwise ineligible to participate in Federal procurement or nonprocurement non- procurement programs, including under 21 U.S.C. 335a (xxxxx://xxx.xxx.xxx/inspectionscompliance-enforcement-and-criminal- xxxxx://xxx.xxx.xxx/inspections- compliance-enforcement-and-criminal- investigations/compliance-actions-and-activities/fdadebarmentfda- debarment-list-drug-product-applications ) (each of (1), (2) and (3) collectively the “Exclusions Lists”), and the term “Violation” shall have a corresponding meaning.

Excluded Entities. The Grantee, MMCAP Infuse represents and warrants that prior to the date Effective Date of the this Agreement, it has screened itself, and its officers and directors against the Exclusion Exclusions Lists and that it has informed Global Impact whether Merck if it, or any of its officers or directors, directors has been in Violation (as hereinafter defined)Violation. After the execution of the Agreement, Grantee MMCAP Infuse shall notify Global Impact Merck in writing immediately if any such Violation occurs or comes to its attention. Global Impact Merck shall also have the right, in its sole discretion, to terminate this Agreement immediately in the event of any such Violation. The For the purpose of this Section the term “In Violation” with respect to any person or entity Violation shall mean such person that MMCAP Infuse, or entity any of its officers or directors has been: (1) convicted of any of the felonies identified among the exclusion authorities listed on the U.S. Department of Health and Human Services, Office of Inspector General (OIG) website, including 42 U.S.C. 1320a-7(a) (xxxx://xxx.xxx.xxx/exclusions/authorities.aspxxxx://xxx.xxx.xxx/ exclusions/authorities.asp); (2) identified in the OIG List of Excluded Individuals/Entities (LEIE) database (xxxx://xxx.xxx.xxx/exclusions/index.aspxxxxx://xxx.xxx.xxx/exclusions/index.asp) or the U.S. General Services Administration’s 's list of Parties Excluded from Federal Programs (xxxxx://xxx.xxx.gov/XXX/); xxxxx://xxx.xxx.gov/portal/XXX/#1) or (3) listed by any US Federal agency as being suspended, debarred, excluded, or otherwise ineligible to participate in Federal procurement or nonprocurement non- procurement programs, including under 21 U.S.C. 335a (xxxxx://xxx.xxx.xxx/inspectionscompliance-enforcement-and-criminal- investigations/compliance-actions-and-activities/fdadebarment-list-drug-product-applications xxxx://xxx.xxx.xxx/ora/compliance_ref/debar/) (each of (1), (2) and (3) collectively the “Exclusions Lists”), and the term “Violation” shall have a corresponding meaning.

Excluded Entities. The Grantee, Eligible Facility represents and warrants that prior to accepting discounts under the date of the AgreementProgram, it has screened itself, and its officers and directors against the Exclusion Lists and that it has informed Global Impact Merck whether it, or any of its officers or directors, directors has been in Violation (as hereinafter defined)Violation. After participation in the execution of the AgreementProgram begins, Grantee Eligible Facility shall notify Global Impact Merck in writing immediately if any such Violation occurs or comes to its attention. Global Impact Merck shall also have the right, in its sole discretion, to terminate this Agreement Eligible Facility’s enrollment immediately in the event of any such Violation. The For the purpose of this section the term “In Violation” with respect to any person or entity Violation shall mean such person that either Eligible Facility, or entity any of its officers or directors has been: (1) convicted of any of the felonies identified among the exclusion authorities listed on the U.S. US Department of Health and Human Services, Office of Inspector General (OIG) website, including 42 U.S.C. 1320a-7(a) (xxxx://xxx.xxx.xxx/exclusions/authorities.aspxxxx://xxx.xxx.xxx/fraud/exclusions/authorities.asp); (2) identified in the OIG List of Excluded Individuals/Entities (LEIE) database (xxxx://xxx.xxx.xxx/exclusions/index.aspxxxx://xxx.xxx.xxx/fraud/exclusions/listofexcluded.html) or the U.S. General Services Administration’s list of Parties Excluded from Federal Programs (xxxxx://xxx.xxx.gov/XXX/xxxx://xxx.xxxx.xxx); or (3) listed by any US Federal agency as being suspended, debarred, excluded, or otherwise ineligible to participate in Federal procurement or nonprocurement programs, including under 21 U.S.C. 335a (xxxxx://xxx.xxx.xxx/inspectionscompliance-enforcement-and-criminal- investigations/compliance-actions-and-activities/fdadebarment-list-drug-product-applications xxxx://xxx.xxx.xxx/ora/compliance_ref/debar/) (each of (1), (2) and (3) collectively the “Exclusions Lists”), and the term “Violation” shall have a corresponding meaning.