Common use of Excluded Entities Clause in Contracts

Excluded Entities. Participant represents and warrants that prior to accepting 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 Merck whether it, or any of its officers or directors has been in Violation. After participation begins, Participant shall notify Merck in writing immediately if any such Violation occurs or comes to its attention. Merck shall also have the right, in its sole discretion, to terminate any Participant’s enrollment immediately in the event of any such Violation. For the purpose of this Section the term Violation shall mean that either Participant, or 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) (▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/exclusions/authorities.asp); (2) identified in the OIG List of Excluded Individuals/Entities (LEIE) database (▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/exclusions/index.asp) or the U.S. General Services Administration's list of Parties Excluded from Federal Programs (▇▇▇▇://▇▇▇.▇▇▇▇.▇▇▇); or (3) listed by any US Federal agency as being suspended, debarred, excluded, or otherwise ineligible to participate in Federal procurement or non-procurement programs, including under 21 U.S.C. 335a (▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/ora/compliance_ref/debar/) (each of (1), (2), and (3) collectively the "Exclusions Lists").

Excluded Entities. Participant MMCAP Infuse represents and warrants that prior to accepting discounts under any Product Program through the Effective Date of this LOPAgreement, it has screened itself, and its officers and directors against the Exclusion Exclusions Lists and that it has informed Merck whether if it, or any of its officers or directors has been in Violation. After participation beginsthe execution of the Agreement, Participant MMCAP Infuse shall notify Merck in writing immediately if any such Violation occurs or comes to its attention. Merck shall also have the right, in its sole discretion, to terminate any Participant’s enrollment this Agreement immediately in the event of any such Violation. For the purpose of this Section the term Violation shall mean that either ParticipantMMCAP Infuse, or 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) (▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/exclusions/ exclusions/authorities.asp); (2) identified in the OIG List of Excluded Individuals/Entities (LEIE) database (▇▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/exclusions/index.asp) or the U.S. General Services Administration's list of Parties Excluded from Federal Programs (▇▇▇▇▇://▇▇▇.▇▇▇▇..gov/portal/▇▇▇); /#1) or (3) listed by any US Federal agency as being suspended, debarred, excluded, or otherwise ineligible to participate in Federal procurement or non-non- procurement programs, including under 21 U.S.C. 335a (▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/ora/compliance_ref/debar/) (each of (1), (2), ) and (3) collectively the "“Exclusions Lists"”).