Common use of Certain Relationships Clause in Contracts

Certain Relationships. Except as set forth on Schedule 2.21, neither Seller nor any of its respective Affiliates, Business Employees, independent contractors, agents, representatives or predecessors has with respect to the Business: (a) offered, paid, solicited or received anything of value, paid directly or indirectly, overtly or covertly, in cash or in kind (“Remuneration”) to or from any physician, family member of a physician, or an entity in which a physician or physician family member has an ownership or investment interest, including, but not limited to: (i) payments for personal or management services pursuant to a medical director agreement, consulting agreement, management contract, personal services agreement, or otherwise; (ii) payments for the use of premises leased to or from a physician, a family member of a physician or an entity in which a physician or family member has an ownership or investment interest; or (iii) payments for the acquisition or lease of equipment, goods or supplies from a physician, a family member of a physician or an entity in which a physician or family member has an ownership or investment interest; (b) offered, paid, solicited or received any Remuneration (excluding fair market value payments for services, equipment or supplies) to or from any healthcare provider, pharmacy, drug or equipment supplier, distributor or manufacturer, including, but not limited to: (i) payments or exchanges of anything of value under a warranty provided by a manufacturer or supplier of an item to a Seller; or (ii) discounts, rebates, or other reductions in price on a good or service received by Seller; (c) offered, paid, solicited or received any Remuneration to or from any person or entity in order to induce business, including, but not limited to, payments intended not only to induce referrals of patients, but also to induce the purchasing, leasing, ordering or arrangement for any good, facility, service or item; (d) entered into any joint venture, partnership, co-ownership or other arrangement involving any ownership or investment interest by any physician, or family member of a physician, or an entity in which physician or physician family member has an ownership or investment interest, directly or indirectly, through equity, debt, or other means, including, but not limited to, an interest in an entity providing goods or services to Seller; (e) entered into any joint venture, partnership, co-ownership or other arrangement involving any ownership or investment interest by any person or entity that is or was in a position to make or influence referrals, furnish items or services to, or otherwise generate business for Seller; or (f) entered into any agreement providing for the referral of any patient for the provision of goods or services by Seller, or payments by Seller as a result of any referrals of patients to Seller.

Certain Relationships. Except as set forth on Schedule 2.21, neither Seller nor any of its respective Affiliates, Business Employees, independent contractors, agents, representatives or predecessors No Loan Party has with respect to the Business: unlawfully: (ai) offered, paid, solicited or received anything of value, paid directly or indirectly, overtly or covertly, in cash or in kind (“Remuneration”) remuneration to or from any physician, family member of a physician, or an entity in which a physician or physician family member has an ownership or investment interest, including, but not limited to: : (i1) payments for personal or management services pursuant to a medical director agreement, consulting agreement, management contract, personal services agreement, or otherwise; ; (ii2) payments for the use of premises leased to or from a physician, a family member of a physician or an entity in which a physician or family member has an ownership or investment interest; or (iii3) payments for the acquisition or lease of equipment, goods or supplies from a physician, a family member of a physician or an entity in which a physician or family member has an ownership or investment interest; ; or (bii) offered, paid, solicited or received any Remuneration remuneration (excluding fair market value payments for services, equipment or supplies) to or from any healthcare provider, pharmacy, drug or equipment supplier, distributor or manufacturer, including, but not limited to: : (i1) payments or exchanges of anything of value under a warranty provided by a manufacturer or supplier of an item to a Sellerany Loan Party; or or (ii2) discounts, rebates, or other reductions in price on a good or service received by Seller; any Loan Party; (ciii) offered, paid, solicited or received any Remuneration remuneration to or from any person or entity in order to induce business, including, but not limited to, payments intended not only to induce referrals of patients, but also to induce the purchasing, leasing, ordering or arrangement for any good, facility, service or item; ; (div) entered into any joint venture, partnership, co-ownership or other arrangement involving any ownership or investment interest by any physician, or family member of a physician, or an entity in which physician or physician family member has an ownership or investment interest, directly or indirectly, through equity, debt, or other means, including, but not limited to, an interest in an entity providing goods or services to Seller; any Loan Party; (ev) entered into any joint venture, partnership, co-ownership or other arrangement involving any ownership or investment interest by any person or entity including, but not limited to, a hospital, pharmacy, drug or equipment supplier, distributor or manufacturer, that is or was in a position to make or influence referrals, furnish items or services to, or otherwise generate business for Sellerany Loan Party; or or (fvi) entered into any agreement providing for (1) the referral of any patient for the provision of goods or services by Seller, any Loan Party or (2) payments by Seller any Loan Party as a result of any referrals of patients to Sellerpatients.

Certain Relationships. (a) Except as set forth on Schedule 2.212.23(a), neither Seller nor any of its respective Affiliates, Business Employees, independent contractors, agents, representatives the Dialysis Companies or predecessors has any other person with respect to the BusinessDialysis Business has: (ai) offered, paid, solicited or received anything of value, paid directly or indirectly, overtly or covertly, in cash or in kind (“"Remuneration”") to or from any physician, family member of a physician, or an entity in which a physician or physician family member has an ownership or investment interest, including, but not limited to: (iA) payments for personal or management services pursuant to a medical director agreement, consulting agreement, management contract, personal services agreement, or otherwise; (iiB) payments for the use of premises leased to or from a physician, a family member of a physician or an entity in which a physician or family member has an ownership or investment interest; or; (iiiC) payments for the acquisition or lease of equipment, goods or supplies from a physician, a family member of a physician or an entity in which a physician or family member has an ownership or investment interest;; or (bii) offered, paid, solicited or received any Remuneration (excluding fair market value payments for services, equipment or supplies) to or from any healthcare provider, pharmacy, drug or equipment supplier, distributor or manufacturer, including, but not limited to: (iA) payments or exchanges of anything of value under a warranty provided by a manufacturer or supplier of an item to a Sellerthe Dialysis Companies or the Dialysis Business; or (iiB) discounts, rebates, or other reductions in price on a good or service received by Sellerany of the Dialysis Companies or the Dialysis Business; (ciii) offered, paid, solicited or received any Remuneration to or from any person or entity in order to induce business, including, but not limited to, payments intended not only to induce referrals of patients, but also to induce the purchasing, leasing, ordering or arrangement for any good, facility, service or item; (div) entered into any joint venture, partnership, co-ownership or other arrangement involving any ownership or investment interest by any physician, or family member of a physician, or an entity in which physician or physician family member has an ownership or investment interest, directly or indirectly, through equity, debt, or other means, including, but not limited to, an interest in an entity providing goods or services to Sellerany of the Dialysis Companies or the Dialysis Business; (ev) entered into any joint venture, partnership, co-ownership or other arrangement involving any ownership or investment interest by any person or entity including, but not limited to, a hospital, pharmacy, drug or equipment supplier, distributor or manufacturer, that is or was in a position to make or influence referrals, furnish items or services to, or otherwise generate business for Sellerany of the Dialysis Companies or the Dialysis Business; or (fvi) entered into any agreement providing for the referral of any patient for the provision of goods or services by Sellerany of the Dialysis Companies or the Dialysis Business, or payments by Seller any of the Dialysis Companies or the Dialysis Business as a result of any referrals of patients to Sellerany of the Dialysis Companies or the Dialysis Business. (b) Set forth on Schedule 2.23(b) is a list of all affiliated practices or physicians who have privileges to use any of the dialysis facilities of the Dialysis Business or who are otherwise involved with the use, operation of or referral of patients to the dialysis facilities of the Dialysis Business.

Certain Relationships. Except as set forth on Schedule 2.21the Seller Disclosure Schedule, neither PRI, NCL or any Seller nor any of its respective Affiliates, Business Employees, independent contractors, agents, representatives or predecessors has with respect to the Businesshas: (ai) offered, paid, solicited or received anything of value, paid directly or indirectly, overtly or covertly, in cash or in kind (“"Remuneration”") to or from any physician, family member of a physician, or an entity in which a physician or physician family member has an ownership or investment interest, including, but not limited to: (iA) payments for personal or management services pursuant to a medical director agreement, consulting agreement, management contract, personal services agreement, or otherwise; (iiB) payments for the use of premises leased to or from a physician, a family member of a physician or an entity in which a physician or family member has an ownership or investment interest; or; (iiiC) payments for the acquisition or lease of equipment, goods or supplies from a physician, a family member of a physician or an entity in which a physician or family member has an ownership or investment interest;; or (bii) offered, paid, solicited or received any Remuneration (excluding fair market value payments for services, equipment or supplies) to or from any healthcare provider, pharmacy, drug or equipment supplier, distributor or manufacturer, including, but not limited to: (iA) payments or exchanges of anything of value under a warranty provided by a manufacturer or supplier of an item to a SellerPRI or NCL; or (iiB) discounts, rebates, or other reductions in price on a good or service received by SellerPRI or NCL; (ciii) offered, paid, solicited or received any Remuneration to or from any person or entity in order to induce business, including, but not limited to, payments intended not only to induce referrals of patients, but also to induce the purchasing, leasing, ordering or arrangement for any good, facility, service or item; (div) entered into any joint venture, partnership, co-ownership or other arrangement involving any ownership or investment interest by any physician, or family member of a physician, or an entity in which physician or physician family member has an ownership or investment interest, directly or indirectly, through equity, debt, or other means, including, but not limited to, an interest in an entity providing goods or services to SellerPRI or NCL; (ev) entered into any joint venture, partnership, co-ownership or other arrangement involving any ownership or investment interest by any person or entity including, but not limited to, a hospital, pharmacy, drug or equipment supplier, distributor or manufacturer, that is or was in a position to make or influence referrals, furnish items or services to, or otherwise generate business for SellerPRI or NCL; or (fvi) entered into any agreement providing for the referral of any patient for the provision of goods or services by SellerPRI or NCL, or payments by Seller PRI or NCL as a result of any referrals of patients to SellerPRI or NCL.

Certain Relationships. Except as set forth on Schedule 2.212.38, neither any Seller nor any of its respective Affiliates, Business Employees, independent contractors, agents, representatives or predecessors has with respect to the BusinessSunrise has: (a) offered, paid, solicited or received anything of value, paid directly or indirectly, overtly or covertly, in cash or in kind (“"Remuneration”") to or from any physician, family member of a physician, or an entity in which a physician or physician family member has an ownership or investment interest, including, but not limited to: (i) payments for personal or management services pursuant to a medical director agreement, consulting agreement, management contract, personal services agreement, or otherwise; (ii) payments for the use of premises leased to or from a physician, a family member of a physician or an entity in which a physician or family member has an ownership or investment interest; or; (iii) payments for the acquisition or lease of equipment, goods or supplies from a physician, a family member of a physician or an entity in which a physician or family member has an ownership or investment interest;; or (b) offered, paid, solicited or received any Remuneration (excluding fair market value payments for services, equipment or supplies) to or from any healthcare provider, pharmacy, drug or equipment supplier, distributor or manufacturer, including, but not limited to: (i) payments or exchanges of anything of value under a warranty provided by a manufacturer or supplier of an item to a SellerSunrise; or (ii) discounts, rebates, or other reductions in price on a good or service received by SellerSunrise; (c) offered, paid, solicited or received any Remuneration to or from any person or entity in order to induce business, including, but not limited to, payments intended not only to induce referrals of patients, but also to induce the purchasing, leasing, ordering or arrangement for any good, facility, service or item; (d) entered into any joint venture, partnership, co-ownership or other arrangement involving any ownership or investment interest by any physician, or family member of a physician, or an entity in which physician or physician family member has an ownership or investment interest, directly or indirectly, through equity, debt, or other means, including, but not limited to, an interest in an entity providing goods or services to SellerSunrise; (e) entered into any joint venture, partnership, co-ownership or other arrangement involving any ownership or investment interest by any person or entity including, but not limited to, a hospital, pharmacy, drug or equipment supplier, distributor or manufacturer, that is or was in a position to make or influence referrals, furnish items or services to, or otherwise generate business for SellerSunrise; or (f) entered into any agreement providing for the referral of any patient for the provision of goods or services by SellerSunrise, or payments by Seller Sunrise as a result of any referrals of patients to SellerSunrise.

Certain Relationships. Except as set forth on Schedule 2.212.25, neither Seller nor any of its respective Affiliates, Business Employees, independent contractors, agents, representatives or predecessors has with respect to the Businessnot: (ai) offered, paid, solicited or received anything of value, paid directly or indirectly, overtly or covertly, in cash or in kind (“Remuneration”) to or from any physician, family member of a physician, or an entity in which a physician or physician family member has an ownership or investment interest, including, but not limited to: (iA) payments for personal or management services pursuant to a medical director agreement, consulting agreement, management contract, personal services agreement, or otherwise; (iiB) payments for the use of premises leased to or from a physician, a family member of a physician or an entity in which a physician or family member has an ownership or investment interest; or; (iiiC) payments for the acquisition or lease of equipment, goods or supplies from a physician, a family member of a physician or an entity in which a physician or family member has an ownership or investment interest;; or (bii) offered, paid, solicited or received any Remuneration (excluding fair market value payments for services, equipment or supplies) to or from any healthcare provider, pharmacy, drug or equipment supplier, distributor or manufacturer, including, but not limited to: (iA) payments or exchanges of anything of value under a warranty provided by a manufacturer or supplier of an item to a Seller; or (iiB) discounts, rebates, or other reductions in price on a good or service received by Seller; (ciii) offered, paid, solicited or received any Remuneration to or from any person or entity in order to induce business, including, but not limited to, payments intended not only to induce referrals of patients, but also to induce the purchasing, leasing, ordering or arrangement for any good, facility, service or item; (div) entered into any joint venture, partnership, co-ownership or other arrangement involving any ownership or investment interest by any physician, or family member of a physician, or an entity in which a physician or physician family member has an ownership or investment interest, directly or indirectly, through equity, debt, or other means, including, but not limited to, an interest in an entity providing goods or services to Seller; (ev) entered into any joint venture, partnership, co-ownership or other arrangement involving any ownership or investment interest by any person or entity including, but not limited to, a hospital, pharmacy, drug or equipment supplier, distributor or manufacturer, that is or was in a position to make or influence referrals, furnish items or services to, or otherwise generate business for Seller; or (fvi) entered into any agreement providing for the referral of any patient for the provision of goods or services by Seller, or payments by Seller as a result of any referrals of patients to Seller.

Certain Relationships. Except as set forth on in Schedule 2.215.22, neither Seller nor any none of its respective Affiliates, Business Employees, independent contractors, agents, representatives or predecessors has with respect to the BusinessCompany Entities has: (a) offeredOffered, paid, solicited or received anything of value, paid directly or indirectly, overtly or covertly, in cash or in kind (“"Remuneration”") to or from any physicianphysician who is a direct or indirect referral source, family member of a any such physician, or an entity in which a any such physician or physician family member of such physician has an ownership or investment interest, including, but not limited to: (i) payments for personal or management services pursuant to a medical director agreement, consulting agreement, management contract, personal services agreement, or otherwise; (ii) payments for the use of premises leased to or from a physician, a family member of a physician or an entity in which a physician or family member has an ownership or investment interest; or (iii) payments for the acquisition or lease of equipment, goods or supplies from a physician, a family member of a physician or an entity in which a physician or family member has an ownership or investment interest;. (b) offeredOffered, paid, solicited or received any Remuneration (excluding fair market value payments for services, equipment or supplies) to or from any healthcare providerprovider providing goods or services to or on behalf of the Company Entities (excluding the physicians referenced above in Section 5.22(a)), pharmacy, drug or equipment supplier, distributor or manufacturer, including, but not limited to: (i) payments or exchanges of anything of value under a warranty provided by a manufacturer or supplier of an item to a Sellerany of the Company Entities; or (ii) discounts, rebates, or other reductions in price on a good or service received by Seller;any of the Company Entities. (c) offeredOffered, paid, solicited or received any Remuneration to or from any person or entity in order to induce business, including, but not limited to, payments intended not only to induce referrals of patients, but also to induce the purchasing, leasing, ordering or arrangement for any good, facility, service or item; (d) entered Entered into any joint venture, partnership, co-ownership or other arrangement involving any ownership or investment interest by any physician, or or, to the Knowledge of the Company, family member of a physician, or an entity in which a physician or physician or, to the Knowledge of the Company, a family member of a physician has an ownership or investment interest, directly or indirectly, through equity, debt, or other means, including, but not limited to, an interest in an entity providing goods or services to Sellerany of the Company Entities; (e) entered Entered into any joint venture, partnership, co-ownership or other arrangement involving any ownership or investment interest by any person or entity including, but not limited to, a hospital, pharmacy, drug or equipment supplier, distributor or manufacturer, that is or was in a position to make or influence referrals, furnish items or services to, or otherwise generate business for Sellerany of the Company Entities; or (f) entered Entered into any agreement providing for the referral of any patient for the provision of goods or services by Sellerany of the Company Entities, or payments by Seller any of the Company Entities as a result of any referrals of patients to Sellerany of the Company Entities.

Certain Relationships. Except as set forth on Schedule 2.21, neither Seller Neither the Company nor any of its respective Affiliates, Business Employees, independent contractors, agents, representatives or predecessors has with respect to the BusinessHRA has: (ai) offered, paid, solicited or received anything of value, paid directly or indirectly, overtly or covertly, in cash or in kind (“"Remuneration”") to or from any physician, family member of a physician, or an entity in which a physician or physician family member has an ownership or investment interest, including, but not limited to: (iA) payments for personal or management services pursuant to a medical director agreement, consulting agreement, management contract, personal services agreement, or otherwise; (iiB) payments for the use of premises leased to or from a physician, a family member of a physician or an entity in which a physician or family member has an ownership or investment interest; or; (iiiC) payments for the acquisition or lease of equipment, goods or supplies from a physician, a family member of a physician or an entity in which a physician or family member has an ownership or investment interest;; or (bii) offered, paid, solicited or received any Remuneration (excluding fair market value payments for services, equipment or supplies) to or from any healthcare provider, pharmacy, drug or equipment supplier, distributor or manufacturer, including, but not limited to: (iA) payments or exchanges of anything of value under a warranty provided by a manufacturer or supplier of an item to a Sellerthe Company or HRA; or (iiB) discounts, rebates, or other reductions in price on a good or service received by Sellerthe Company or HRA; (ciii) offered, paid, solicited or received any Remuneration to or from any person or entity in order to induce business, including, but not limited to, payments intended not only to induce referrals of patients, but also to induce the purchasing, leasing, ordering or arrangement for any good, facility, service or item; (div) entered into any joint venture, partnership, co-ownership or other arrangement involving any ownership or investment interest by any physician, or family member of a physician, or an entity in which a physician or physician family member has an ownership or investment interest, directly or indirectly, through equity, debt, or other means, including, but not limited to, an interest in an entity providing goods or services to Sellerthe Company or HRA; (ev) entered into any joint venture, partnership, co-ownership or other arrangement involving any ownership or investment interest by any person or entity including, but not limited to, a hospital, pharmacy, drug or equipment supplier, distributor or manufacturer, that is or was in a position to make or influence referrals, furnish items or services to, or otherwise generate business for Sellerthe Company or HRA; or (fvi) entered into any agreement providing for the referral of any patient for the provision of goods or services by Sellerthe Company or HRA, or payments by Seller the Company or HRA as a result of any referrals of patients to Sellerthe Company or HRA.

Certain Relationships. Except as set forth on Schedule 2.21Section 3.24 of the Disclosure Letter, neither Seller nor any of its respective Affiliates, Business Employees, independent contractors, agents, representatives or predecessors the Company has with respect to the Businessnot: (a) offered, paid, solicited or received anything of value, paid directly or indirectly, overtly or covertly, in cash or in kind (“"Remuneration”") to or from any physician, family member of a physician, or an entity in which a physician or physician family member has an ownership or investment interestinterest (other than the ownership of publicly-traded securities of such entity), including, but not limited to: (i) payments for personal or management services pursuant to a medical director agreement, consulting agreement, management contract, personal services agreement, agreement or otherwise; (ii) payments for the use of premises leased to or from a physician, a family member of a physician or an entity in which a physician or family member has an ownership or investment interest; or; (iii) payments for the acquisition or lease of equipment, goods or supplies from a physician, a family member of a physician or an entity in which a physician or family member has an ownership or investment interest;; or (b) offered, paid, solicited or received any Remuneration (excluding fair market value payments for equipment, supplies or services, equipment or supplies) to or from any healthcare provider, pharmacy, drug or equipment supplier, distributor or manufacturer, including, but not limited to: (i) payments or exchanges of anything of value under a warranty provided by a manufacturer or supplier of an item to a Sellerthe Company; or (ii) discounts, rebates, rebates or other reductions in price on a good or service received by Sellerthe Company; (c) offered, paid, solicited or received any Remuneration to or from any person or entity in order to induce business, including, but not limited to, payments intended not only to induce referrals of patients, but also to induce the purchasing, leasing, ordering or arrangement for any good, facility, service or item; (d) entered into any joint venture, partnership, co-ownership or other arrangement involving any ownership or investment interest by any physician, or family member of a physician, or an entity in which physician or physician family member has an ownership or investment interest, directly or indirectly, through equity, debt, debt or other means, including, but not limited to, an interest in an entity providing goods or services to Sellerthe Company; (e) entered into any joint venture, partnership, co-ownership or other arrangement involving any ownership or investment interest by any person or entity including, but not limited to, a hospital, pharmacy, drug or equipment supplier, distributor or manufacturer, that is or was in a position to make or influence referrals, furnish items or services to, or otherwise generate business for Sellerfor, the Company; or (f) entered into any agreement providing for the referral of any patient for the provision of goods or services by Seller, the Company or providing for payments by Seller the Company as a result of any referrals of patients to Sellerthe Company, other than commission payments to employees and agents in the Ordinary Course of Business.

Certain Relationships. (a) Except as set forth on Schedule 2.212.19, neither Seller nor any of its respective Affiliates, Business Employees, independent contractors, agents, representatives or predecessors has with respect to the Business, no Seller has: (ai) offeredOffered, paid, solicited or received anything of value, paid directly or indirectly, overtly or covertly, in cash or in kind (“Remuneration”) to or from any physician, family member of a physician, or an entity in which a physician or physician family member has an ownership or investment interest, including, but not limited to: (iA) payments Payments for personal or management services pursuant to a medical director agreement, consulting agreement, management contract, personal services agreement, or otherwise; (iiB) payments Payments for the use of premises leased to or from a physician, a family member of a physician or an entity in which a physician or family member has an ownership or investment interest; or (iiiC) payments Payments for the acquisition or lease of equipment, goods or supplies from a physician, a family member of a physician or an entity in which a physician or family member has an ownership or investment interest; (bii) offeredOffered, paid, solicited or received any Remuneration (excluding fair market value payments for services, equipment or supplies) to or from any healthcare provider, pharmacy, drug or equipment supplier, distributor or manufacturer, including, but not limited to: (iA) payments Payments or exchanges of anything of value under a warranty provided by a manufacturer or supplier of an item to a any Seller; or (iiB) discountsDiscounts, rebates, or other reductions in price on a good or service received by any Seller; (ciii) Entered into any joint venture, partnership, co-ownership or other arrangement involving any ownership or investment interest by any physician, or family member of a physician, or a Person in which physician or physician family member has an ownership or investment interest, directly or indirectly, through equity, debt, or other means, including, but not limited to, an interest in an entity providing goods or services to any Seller; (iv) Entered into any joint venture, partnership, co-ownership or other arrangement involving any ownership or investment interest by any Person including, but not limited to, a hospital, pharmacy, drug or equipment supplier, distributor or manufacturer, that is or was in a position to make or influence referrals, furnish items or services to, or otherwise generate business for any Seller; or (v) Entered into any agreement providing for the referral of any patient for the provision of goods or services by any Seller. (b) Except as set forth on Schedule 2.19, no Seller has offered, paid, solicited or received any Remuneration to or from any person or entity Person in order to induce business, including, but not limited to, payments intended not only to induce referrals of patients, but also to induce the purchasing, leasing, ordering or arrangement for any good, facility, service or item; (d) entered into any joint venture, partnership, co-ownership or other arrangement involving any ownership or investment interest by any physician, or family member of a physician, or an entity in which physician or physician family member . No Seller has an ownership or investment interest, directly or indirectly, through equity, debt, or other means, including, but not limited to, an interest in an entity providing goods or services to Seller; (e) entered into any joint venture, partnership, co-ownership or other arrangement involving any ownership or investment interest by any person or entity that is or was in a position to make or influence referrals, furnish items or services to, or otherwise generate business for Seller; or (f) entered into any agreement providing for the referral of any patient for the provision of goods or services by Seller, or payments by any Seller as a result of any referrals of patients to a Seller.

Certain Relationships. Except as set forth on Schedule 2.21, neither Seller nor any of its respective Affiliates, Business Employees, independent contractors, agents, representatives or predecessors has with respect to the BusinessSellers have not: (a) offered, paid, solicited or received anything of value, paid directly or indirectly, overtly or covertly, in cash or in kind (“"Remuneration”") to or from any physician, family member of a physician, or an entity in which a physician or physician family member has an ownership or investment interest, including, but not limited to: (i) payments for personal or management services pursuant to a medical director agreement, consulting agreement, management manage- ment contract, personal services agreement, or otherwise;otherwise except as listed on Schedule 3.26(a)(i); ------------------- (ii) payments for the use of premises leased to or from a physician, a family member of a physician or an entity in which a physician or family member has an ownership or investment interest; or. (iii) payments for the acquisition or lease of equipment, goods or supplies from a physician, a family member of a physician or an entity in which a physician or family member has an ownership or investment interest;; or (b) offered, paid, solicited or received any Remuneration (excluding fair market value payments for services, equipment or supplies) to or from any healthcare provider, pharmacy, drug or equipment supplier, distributor or manufacturer, including, but not limited to: (i) payments or exchanges of anything of value under a warranty provided by a manufacturer or supplier of an any item to a SellerSellers; or (ii) discounts, rebates, or other reductions in price on a good or service received by SellerSellers; (c) offered, paid, solicited or received any Remuneration to or from any person or entity Person in order to induce business, including, but not limited to, payments intended not only to induce referrals of patients, but also to induce the purchasing, leasing, ordering or arrangement arrange- ment for any good, facility, service or item; (d) entered into any joint venture, partnership, co-ownership or other arrangement involving any ownership or investment interest by any physician, or family member of a physician, or an entity in which physician or physician family member has an ownership or investment interest, directly or indirectly, through equity, debt, or other means, including, but not limited to, an interest in an entity providing goods or services to SellerSellers; (e) entered into any joint venture, partnership, co-ownership or other arrangement involving any ownership or investment interest by any person Person including, but not limited to, a hospital, pharmacy, drug or entity equipment supplier, distributor or manufacturer, that is or was in a position to make or influence referrals, furnish items or services to, or otherwise generate business for SellerSellers; or (f) entered into any agreement providing for the referral of any patient for the provision providing of goods or services by SellerSellers, or payments by Seller Sellers as a result of any referrals of patients to SellerSellers.

Certain Relationships. Except as set forth on Schedule 2.212.20, neither Seller BPC nor any of its respective Affiliates, Business Employees, independent contractors, agents, representatives or predecessors has with respect to the BusinessSeller has: (a) offered, paid, solicited or received anything of value, paid directly or indirectly, overtly or covertly, in cash or in kind (“"Remuneration”") to or from any physician, family member of a physician, or an entity in which a physician or physician family member has an ownership or investment interest, including, but not limited to: (i) payments for personal or management services pursuant to a medical director agreement, consulting agreement, management contract, personal services agreement, or otherwise; (ii) payments for the use of premises leased to or from a physician, a family member of a physician or an entity in which a physician or family member has an ownership or investment interest; or; (iii) payments for the acquisition or lease of equipment, goods or supplies from a physician, a family member of a physician or an entity in which a physician or family member has an ownership or investment interest;; or (b) offered, paid, solicited or received any Remuneration (excluding fair market value payments for services, equipment or supplies) to or from any healthcare provider, pharmacy, drug or equipment supplier, distributor or manufacturer, including, but not limited to: (i) payments or exchanges of anything of value under a warranty provided by a manufacturer or supplier of an item to a SellerBPC; or (ii) discounts, rebates, or other reductions in price on a good or service received by SellerBPC; (c) offered, paid, solicited or received any Remuneration to or from any person or entity in order to induce business, including, but not limited to, payments intended not only to induce referrals of patients, but also to induce the purchasing, leasing, ordering or arrangement for any good, facility, service or item; (d) entered into any joint venture, partnership, co-ownership or other arrangement involving any ownership or investment interest by any physician, or family member of a physician, or an entity in which a physician or physician family member has an ownership or investment interest, directly or indirectly, through equity, debt, or other means, including, but not limited to, an interest in an entity providing goods or services to SellerBPC; (e) entered into any joint venture, partnership, co-ownership or other arrangement involving any ownership or investment interest by any person or entity including, but not limited to, a hospital, pharmacy, drug or equipment supplier, distributor or manufacturer, that is or was in a position to make or influence referrals, furnish items or services to, or otherwise generate business for SellerBPC; or (f) entered into any agreement providing for the referral of any patient for the provision of goods or services by SellerBPC, or payments by Seller BPC as a result of any referrals of patients to SellerBPC.

Certain Relationships. (a) Except as set forth on Schedule 2.215.22(a), neither Seller the Company nor any of its respective Affiliates, Business Employees, independent contractors, agents, representatives or predecessors has with respect to the BusinessSubsidiary has: (ai) offered, paid, solicited or received anything of value, paid directly or indirectly, overtly or covertly, in cash or in kind (“"Remuneration”") to or from any physician, family member of a physician, or an entity in which a physician or physician family member of a physician has an ownership or investment interest, including, but not limited to: (iA) payments for personal or management services pursuant to a medical director agreement, consulting agreement, management contract, personal services agreement, or otherwise; (iiB) payments for the use of premises leased to or from a physician, a family member of a physician or an entity in which a physician or family member has an ownership or investment interest; or; (iiiC) payments for the acquisition or lease of equipment, goods or supplies from a physician, a family member of a physician or an entity in which a physician or family member has an ownership or investment interest;; or (bii) offered, paid, solicited or received any Remuneration (excluding fair market value payments for services, equipment or supplies) to or from any healthcare provider, pharmacy, drug or equipment supplier, distributor or manufacturer, including, but not limited to: (iA) payments or exchanges of anything of value under a warranty provided by a manufacturer or supplier of an item to a Sellerthe Company or any Subsidiary; or (iiB) discounts, rebates, or other reductions in price on a good or service received by Sellerthe Company or any Subsidiary; (ciii) offered, paid, solicited or received any Remuneration to or from any person or entity in order to induce business, including, but not limited to, payments intended not only to induce referrals of patients, but also to induce the purchasing, leasing, ordering or arrangement for any good, facility, service or item; (div) entered into any joint venture, partnership, co-ownership or other arrangement involving any ownership or investment interest by any physician, or family member of a physician, or an entity in which physician or physician family member has an ownership or investment interest, directly or indirectly, through equity, debt, or other means, including, but not limited to, an interest in an entity providing goods or services to Sellerthe Company or any Subsidiary; (ev) entered into any joint venture, partnership, co-ownership or other arrangement involving any ownership or investment interest by any person or entity including, but not limited to, a hospital, pharmacy, drug or equipment supplier, distributor or manufacturer, that is or was in a position to make or influence referrals, furnish items or services to, or otherwise generate business for Sellerthe Company or any Subsidiary; or (fvi) entered into any agreement providing for the referral of any patient for the provision of goods or services by Sellerthe Company or any Subsidiary, or payments by Seller the Company or any Subsidiary as a result of any referrals of patients to Sellerthe Company or any Subsidiary. (b) Set forth on Schedule 5.22(b) is a list of all affiliated practices or physicians who have privileges to use any of the dialysis facilities of the Company or the Subsidiaries or who are otherwise involved with the use, operation of or referral of patients to the dialysis facilities of the Company or the Subsidiaries.

Certain Relationships. Except as set forth on Schedule 2.212.22, neither no Seller nor any of its their respective Affiliates, Business Employees, independent contractors, agents, representatives or predecessors has with respect to the Pharmacy Business: (a) offered, paid, solicited or received anything of value, paid directly or indirectly, overtly or covertly, in cash or in kind (“Remuneration”) to or from any physician, family member of a physician, or an entity in which a physician or physician family member has an ownership or investment interest, including, but not limited to: (i) payments for personal or management services pursuant to a medical director agreement, consulting agreement, management contract, personal services agreement, or otherwise; (ii) payments for the use of premises leased to or from a physician, a family member of a physician or an entity in which a physician or family member has an ownership or investment interest; or (iii) payments for the acquisition or lease of equipment, goods or supplies from a physician, a family member of a physician or an entity in which a physician or family member has an ownership or investment interest; (b) offered, paid, solicited or received any Remuneration (excluding fair market value payments for services, equipment or supplies) to or from any healthcare provider, pharmacy, drug or equipment supplier, distributor or manufacturer, including, but not limited to: (i) payments or exchanges of anything of value under a warranty provided by a manufacturer or supplier of an item to a Seller; or (ii) discounts, rebates, or other reductions in price on a good or service received by a Seller; (c) offered, paid, solicited or received any Remuneration to or from any person or entity in order to induce business, including, but not limited to, payments intended not only to induce referrals of patients, but also to induce the purchasing, leasing, ordering or arrangement for any good, facility, service or item; (d) entered into any joint venture, partnership, co-ownership or other arrangement involving any ownership or investment interest by any physician, or family member of a physician, or an entity in which physician or physician family member has an ownership or investment interest, directly or indirectly, through equity, debt, or other means, including, but not limited to, an interest in an entity providing goods or services to a Seller; (e) entered into any joint venture, partnership, co-ownership or other arrangement involving any ownership or investment interest by any person or entity including, but not limited to, a hospital, pharmacy, drug or equipment supplier, distributor or manufacturer, that is or was in a position to make or influence referrals, furnish items or services to, or otherwise generate business for any Seller; or (f) entered into any agreement providing for the referral of any patient for the provision of goods or services by a Seller, or payments by a Seller as a result of any referrals of patients to Sellera Seller (excluding commercial payor contracts providing for such referrals and payments).

Certain Relationships. (a) Except as set forth on Schedule 2.215.22(a), neither Seller nor any of its respective Affiliates, Business Employees, independent contractors, agents, representatives or predecessors has with respect to the Businessno Company has: (ai) offered, paid, solicited or received anything of value, paid directly or indirectly, overtly or covertly, in cash or in kind (“"Remuneration”") to or from any physician, family member of a physician, or an entity in which a physician or physician family member has an ownership or investment interest, including, but not limited to: (iA) payments for personal or management services pursuant to a medical director agreement, consulting agreement, management contract, personal services agreement, or otherwise; (iiB) payments for the use of premises leased to or from a physician, a family member of a physician or an entity in which a physician or family member has an ownership or investment interest; or; (iiiC) payments for the acquisition or lease of equipment, goods or supplies from a physician, a family member of a physician or an entity in which a physician or family member has an ownership or investment interest;; or (bii) offered, paid, solicited or received any Remuneration (excluding fair market value payments for services, equipment or supplies) to or from any healthcare provider, pharmacy, drug or equipment supplier, distributor or manufacturer, including, but not limited to: (iA) payments or exchanges of anything of value under a warranty provided by a manufacturer or supplier of an item to a Sellerthe Company; or (iiB) discounts, rebates, or other reductions in price on a good or service received by Sellerthe Company; (ciii) offered, paid, solicited or received any Remuneration to or from any person or entity in order to induce business, including, but not limited to, payments intended not only to induce referrals of patients, but also to induce the purchasing, leasing, ordering or arrangement for any good, facility, service or item; (div) entered into any joint venture, partnership, co-ownership or other arrangement involving any ownership or investment interest by any physician, or family member of a physician, or an entity in which physician or physician family member has an ownership or investment interest, directly or indirectly, through equity, debt, or other means, including, but not limited to, an interest in an entity providing goods or services to Sellersuch Company; (ev) entered into any joint venture, partnership, co-ownership or other arrangement involving any ownership or investment interest by any person or entity including, but not limited to, a hospital, pharmacy, drug or equipment supplier, distributor or manufacturer, that is or was in a position to make or influence referrals, furnish items or services to, or otherwise generate business for Sellerthe Company; or (fvi) entered into any agreement providing for the referral of any patient for the provision of goods or services by Sellersuch Company, or payments by Seller such Company as a result of any referrals of patients to Sellerthe Company. (b) Set forth on Schedule 5.22(b) is a list of all affiliated practices or physicians who have privileges to use any Company's dialysis facilities or who are otherwise involved with the use or operation of or referral of patients to any Company's dialysis facilities.