Exclusion and Debarment Sample Clauses

Exclusion and Debarment. As of the date of this Agreement and to the best of Tempus’ knowledge, neither Tempus nor any Tempus personnel providing Services under this Agreement: (i) have been the subject of a debarment proceeding under 21 U.S.C. § 335a; (ii) are excluded from participation in Medicare, Medicaid, or any other federal or state health care program; or (iii) are the subject of any government investigation that could result in such debarment or exclusion. If Tempus becomes aware of such an event during the Term with respect to Tempus personnel, it will promptly terminate its relationship with the affected personnel or remove them from providing Services to Client. If Tempus becomes aware of such an event with respect to itself during the Term, it will promptly inform Client, and Client may immediately terminate this Agreement.

Exclusion and Debarment. Advisor represents and warrants that Advisor is not currently: (i) excluded, debarred, suspended or otherwise ineligible to participate in any governmental healthcare program, including any Federal health care programs as defined in 42 U.S.C. § 1320a-7b(f), or from federal procurement or nonprocurement activities as defined in Executive Order 12689 (collectively “Ineligible”); or (ii) debarred pursuant to the Generic Drug Enforcement Act of 1992, 21 U.S.C. § 335(a), as amended, or subject to any similar sanction pursuant to any similar state or foreign law or regulation (collectively “Debarred”) or (iii) convicted of a criminal offense that falls within the ambit of 42 U.S.C. § 1320a-7(a), but has not yet been excluded, debarred, suspended, or otherwise declared ineligible (“Convicted”). If Advisor becomes Ineligible, Debarred or Convicted, or subject to any investigation or proceeding with respect thereto, during the term of this Agreement, Advisor will notify Stoke promptly, and in any event no later than two (2) business days after receiving notification of the Ineligibility, Debarment, Conviction or related investigation or proceeding. Upon receipt of such notice, or if Stoke becomes aware of any existing or threatened Ineligibility, Debarment or Conviction, Stoke shall have the right to terminate this Agreement immediately, without liability or indemnity.

Exclusion and Debarment. (a) Manufacturer agrees to immediately, and no later than within twenty-four (24) hours of becoming aware of such matter, disclose in writing to Distributor: (i) any debarment, exclusion or other event that makes Manufacturer or any its Covered Contractors, an Ineligible Person; (ii) any threatened, proposed or actual exclusion or debarment of Manufacturer or its Covered Contractors performing under this Agreement of which it becomes aware; or (iii) if Manufacturer or such Covered Contractor is charged with a criminal offense related to any federal health care program or federal procurement or non-procurement program, or is proposed for exclusion from the provision of health care items or services. (b) If during the Term, any Covered Contractor of Manufacturer (i) becomes an Ineligible Person, (ii) is charged with a criminal offense related to any federal health care program, or (iii) is proposed for exclusion from the provision of health care items or services, Manufacturer agrees to immediately, and no later than within twenty-four (24) hours after becoming aware of such matter, cause such Covered Contractor to immediately cease performing under this Agreement, and transfer the responsibilities of such Covered Contractor to another Covered Contractor with comparable training or experience at no additional cost or expense to Distributor. (c) During the Term and as directed by Distributor, Manufacturer agrees to complete, and to use commercially reasonable efforts to cause any Covered Contractor to complete, all training concerning compliance with applicable policies and Laws required by Distributor for Covered Contractors. (d) Manufacturer agrees to cause any Third Party who is a Covered Contractor involved in the Manufacturing of Products to comply with all applicable provisions of this Section 7.6. (e) Manufacturer agrees to retain records documenting its compliance with the provisions of this Section 7.6 until three (3) years after the termination or expiration of this Agreement.

Exclusion and Debarment. Each of the parties represents and warrants that, as of the Effective Date of this Commercialization Agreement, neither it nor its owners, employees or agents performing under this Commercialization Agreement (collectively “Covered Contractors”), are an Ineligible Person. During the Term of this Commercialization Agreement, each party agrees to immediately disclose in writing to the other party: (i) any debarment, exclusion or other event that makes such party or its Covered Contractors, an Ineligible Person; or (ii) if such party or its Covered Contractors is charged with a criminal offense related to any government health care program, or is proposed for exclusion from the provision of health care items or services. Each party hereto shall immediately notify the other party hereto of any threatened, proposed or actual exclusion or debarment of such party, its owners, employees or agents performing under this Commercialization Agreement of which it becomes aware. In the event any party performing under this Commercialization Agreement becomes an Ineligible Person, this Commercialization Agreement shall, as of the effective date of such party becoming an Ineligible Person, automatically terminate. In the event any non-employee agents of the Parties performing under this Commercialization Agreement becomes an Ineligible Person during the Term of this Commercialization Agreement, such agents shall immediately cease performing under this Commercialization Agreement, and the other party shall have the option of immediately terminating this Commercialization Agreement.

Exclusion and Debarment. Each party represents and warrants that no adverse action by the federal government that will or may result in mandatory or permissive exclusion from a federal healthcare program pursuant to 42 U.S.C. §1320a-7 has occurred or is pending or threatened against it, its principals, its affiliates, or to the best of its knowledge, against any of its employees, agents or subcontractors providing services under this Agreement. Each party additionally represents and warrants that neither it, its principals, its affiliates, and to the best of its knowledge, its employees, its agents, nor its subcontractors providing services under this Agreement are suspended, debarred, or otherwise determined to be ineligible for award of contract, grant or cooperative agreement by any federal, state, or other governmental body. Each party shall immediately provide written notice to the other party of (1) its receipt of a notice of an adverse action by the federal government against any of the individuals or entities specified above that will or may result in mandatory or permissive exclusion from a federal healthcare program pursuant to 42 U.S.C. §1320a-7, (2) the date of any adjudication or determination that any of the individuals or entities specified above has committed any action that would subject it/them to mandatory or permissive exclusion under 42 U.S.C. §1320a-7, or (3) a notice of an adverse action by a governmental body against any of the individuals or entities specified above that will or may result in a determination of ineligibility for award of contract, grant or cooperative agreement. In the event either party fails to provide the other party with such written notice, or it is discovered that either party’s representations contained herein are false, the other party has the right to immediately terminate this Agreement.

Exclusion and Debarment. Supplier certifies that it is not presently debarred, suspended, proposed for debarment, declared ineligible, voluntarily excluded or otherwise ineligible for state or Federal program participation. In the event that Supplier becomes debarred, suspended or ineligible from state or Federal program participation, Supplier shall notify MTU in writing within three (3) business days of such event.

Exclusion and Debarment. Each Party represents and warrants that neither the Party nor any of its personnel performing activities or Services under this Agreement (i) have been the subject of a debarment proceeding under 21 U.S.C. § 335a; (ii) are excluded from participation in Medicare, Medicaid, or any other federal or state health care program; or (iii) are subject to any proceeding, claim, or investigation that could result in such debarment or exclusion. If any of the foregoing occur during the Term of this Agreement, the impacted Party will promptly notify the other Party and take such actions as are necessary to ensure compliance with the requirements of this Section 5.b.

Exclusion and Debarment. Each party represents and warrants that neither it nor any of its owner, officers, directors, managers, or employees providing services under this Agreement are excluded from participation in any federal health care programs, as defined under 42 U.S.C. 1320a-7b(f), or any form of state Medicaid program. Each party further represents and warrants that neither it nor any of its owners, officers, directors, managers, or employees providing services under this Agreement have been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal or state department or agency.