Common use of Excluded Entities Clause in Contracts

Excluded Entities. Eligible Facility represents and warrants that prior to accepting discounts under the Program, 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 in the Program begins, Eligible Facility 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 Eligible Facility’s enrollment immediately in the event of any such Violation. For the purpose of this section the term Violation shall mean that either Eligible Facility, or any of its officers or directors has been: convicted of any of the felonies identified among the exclusion authorities listed on the US Department of Health and Human Services, Office of Inspector General (OIG) website, including 42 U.S.C. 1320a-7(a) (▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/fraud/exclusions/authorities.asp); (2) identified in the OIG List of Excluded Individuals/Entities (LEIE) database (▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/fraud/exclusions/listofexcluded.html) 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 nonprocurement programs, including under 21 U.S.C. 335a (▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/ora/compliance_ref/debar/) (each of (1), (2) and (3) collectively the “Exclusions Lists”).

Excluded Entities. Eligible Facility represents and warrants 1. The term “Violation” as used in this Article shall mean that prior to accepting discounts under the Program, it has screened itself, and its officers and directors against the Exclusion Lists and that it has informed Merck whether iteither Supplier, or any of its officers or directors has been in Violation. After participation in (each of (1), (2) and (3) collectively the Program begins, Eligible Facility 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 Eligible Facility’s enrollment immediately in the event of any such Violation. For the purpose of this section the term Violation shall mean that either Eligible Facility, or any of its officers or directors has been: “Exclusions Lists”): (1) convicted of any of the felonies identified among the exclusion authorities listed on the US U.S. Department of Health and Human Services, Office of Inspector General (OIG) website, including 42 U.S.C. 1320a-7(a) website (▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/fraud/exclusions/exclusions/authorities.asp); , including 42 U.S.C. 1320a-7(a); (2) identified in the OIG List of Excluded Individuals/Entities (LEIE) database (▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/fraud/exclusions/listofexcluded.html/fraud/▇▇▇▇▇▇▇▇▇▇.▇▇▇) or the U.S. General Services Administration’s 's list of Parties Excluded from Federal Programs (▇▇▇▇▇://▇▇▇.▇▇▇▇..gov/▇▇▇/); or 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. 2. Supplier represents and warrants that prior to the date of the Individual Agreement, including under 21 U.S.C. 335a (▇▇▇▇://▇▇▇it has screened itself, and its officers and directors against the Exclusions Lists and that it has informed MSD whether it, or any of its officers or directors has been in Violation. After the execution of the Individual Agreement, Supplier shall notify MSD in writing immediately if any such Violation occurs or comes to its attention. MSD shall also have the right, in its sole discretion, to terminate the Individual Agreement as well as other agreements then effective between MSD and Supplier if any, immediately in the event of any such Violation.▇▇▇.▇▇▇/ora/compliance_ref/debar/) (each of (1), (2) and (3) collectively the “Exclusions Lists”).

Excluded Entities. Eligible Facility represents and warrants 1. The term “Violation” as used in this Article shall mean that prior to accepting discounts under the Program, it has screened itself, and its officers and directors against the Exclusion Lists and that it has informed Merck whether iteither Supplier, or any of its officers or directors has been in Violation. After participation in (each of (1), (2) and (3) collectively the Program begins, Eligible Facility 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 Eligible Facility’s enrollment immediately in the event of any such Violation. For the purpose of this section the term Violation shall mean that either Eligible Facility, or any of its officers or directors has been: “Exclusions Lists”): (1) convicted of any of the felonies identified among the exclusion authorities listed on the US U.S. Department of Health and Human Services, Office of Inspector General (OIG) website, including 42 U.S.C. 1320a-7(a) website (http:/▇▇▇▇://▇▇▇▇▇▇.▇▇▇.▇▇▇/fraud.▇▇▇/exclusions/authorities.asp); , including 42 U.S.C. 1320a-7(a); (2) identified in the OIG List of Excluded Individuals/Entities (LEIE) database (▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/fraud/exclusions/listofexcluded.html/fraud/▇▇▇▇▇▇▇▇▇▇.▇▇▇) or the U.S. General Services Administration’s 's list of Parties Excluded from Federal Programs (▇▇▇▇▇://▇▇▇.▇▇▇▇..gov/▇▇▇/); or 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. 2. Supplier represents and warrants that prior to the date of the Individual Agreement, including under 21 U.S.C. 335a (▇▇▇▇://▇▇▇it has screened itself, and its officers and directors against the Exclusions Lists and that it has informed MSD whether it, or any of its officers or directors has been in Violation. After the execution of the Individual Agreement, Supplier shall notify MSD in writing immediately if any such Violation occurs or comes to its attention. MSD shall also have the right, in its sole discretion, to terminate the Individual Agreement as well as other agreements then effective between MSD and Supplier if any, immediately in the event of any such Violation.▇▇▇.▇▇▇/ora/compliance_ref/debar/) (each of (1), (2) and (3) collectively the “Exclusions Lists”).