Not Excluded Sample Clauses
The "Not Excluded" clause serves to clarify that certain items, rights, or obligations are specifically included within the scope of an agreement, even if other sections might suggest they are excluded. In practice, this clause is often used to override general exclusions by explicitly stating that particular matters remain covered, such as specific liabilities, warranties, or types of damages. Its core function is to prevent ambiguity and ensure that the parties understand which provisions are still applicable, thereby reducing the risk of disputes over interpretation.
Not Excluded. The Design Professional warrants that neither Design Professional, nor, to the best of Design Professional’s knowledge, Design Professional Personnel, is excluded from participating in the Medicare or Medicaid program nor currently debarred or suspended or listed on the General Services Administration’s (“GSA”) List of Parties Excluded from Federal Procurement or Non-procurement Programs in accordance with Executive Orders 12549 and 12689, “Debarment and Suspension”. Design Professional will immediately notify the University if it becomes debarred or suspended during the term of this Agreement. Design Professional further represents that no adverse action by the federal government that will or may result in exclusions from a federal health care program has occurred or is pending or threatened against Design Professional or its affiliates, or to the best of its knowledge, against any Design Professional Personnel. Design Professional agrees that it will not perform any act that will cause Design Professional to be excluded from a federal health care program or debarred, suspended or listed in the GSA’s List of Parties Excluded from Federal Procurement or Non-procurement Programs during the term of this Agreement.
Not Excluded. Supplier warrants that neither Supplier, nor, to the best of Supplier’s knowledge, Supplier Personnel, is excluded from participating in the Medicare or Medicaid program nor currently debarred or suspended or listed on the General Services Administration’s (“GSA”) List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with Executive Orders 12549 and 12689, “Debarment and Suspension”. Supplier shall immediately notify the University if it becomes debarred or suspended during the term of this Agreement. Supplier further represents that no adverse action by the federal government that will or may result in exclusions from a federal health care program has occurred or is pending or threatened against Supplier or its affiliates, or to the best of its knowledge, against any Supplier Personnel. Supplier agrees that it shall not perform any act that shall cause Supplier to be excluded from a federal health care program or debarred, suspended or listed in the GSA’s List of Parties Excluded from Federal Procurement or Nonprocurement Programs during the term of this Agreement.
Not Excluded. Nothing in these terms excludes the liability of the Supplier:
(a) for death or personal injury caused by the Supplier's negligence; or
(b) for fraud or fraudulent misrepresentation.
Not Excluded. Nothing in the Agreement limits or excludes a party's liability for: (i) death or personal injury caused by its negligence, (ii) fraud or fraudulent misrepresentation; (iii) any willful abandonment of the Agreement; (iv) (in the case of the Customer) payment of any fees or other amounts due to Quinyx pursuant to the Agreement; or (v) any other liability which cannot be limited or excluded by applicable law. The limitations of liability set forth in this Section 8 shall not limit Customer’s obligation to pay any fees due and owing under this Agreement.
Not Excluded. Each Party represents and warrants that (a) neither it nor any employee, contractor or agent engaged to provide Programs under this Agreement is excluded from participation under any federal health care program; (b) no final adverse action, as such term is defined under 42 U.S.C. § 1320(a)-7, has occurred or is pending or threatened against the Party or, to its knowledge, against any employee, contractor or agent engaged to provide Programs under this Agreement; and (c) neither Party nor, to its knowledge, any employee, contractor or agent engaged to provide Programs under this Agreement, is under investigation by any federal or state governmental agency in connection with any medical items or services furnished or ▇▇▇▇▇▇▇▇ submitted to any federal health care program (collectively “Exclusions/Adverse Actions”). During the Term of this Agreement, each Party agrees to notify the other party in writing of any Exclusions/Adverse Action within ten (10) days of learning of any such Exclusions/Adverse Action and provide the basis of the Exclusions/Adverse Action.
Not Excluded. Bank warrants that neither Bank, nor, to the best of Bank’s knowledge, Bank Personnel and/or any of its Principals, is excluded from participating in the Medicare or Medicaid program nor currently debarred, suspended, proposed for debarment, declared ineligible for the award of contracts by any U.S. Federal agency or listed in the U.S. Government System for Award Management (▇▇▇) ▇▇▇.▇▇▇.gov in accordance with Executive Orders 12549 and 12689, “Debarment and Suspension”. Bank shall immediately notify the University if it or Bank Personnel and/or any of its Principals becomes debarred or suspended during the term of this Agreement. Bank further represents that no adverse action by the federal government that will or may result in exclusions from a federal health care program has occurred or is pending or threatened against Bank or its affiliates, or to the best of its knowledge, against any Bank Personnel. Bank agrees that it shall not perform any act that shall cause Bank to be excluded from a federal health care program or debarred, suspended or listed in the U.S. Government System for Award Management (▇▇▇) as excluded from participating in Federal Procurement or Nonprocurement Programs during the term of this Agreement.
Not Excluded. Each party represents and warrants that (a) neither it nor any employee, contractor or agent engaged to provide items or Services under this Agreement is excluded from participation under any federal health care program for the provision of items or Services for which payment may be made under a federal health care program; (b) no final adverse action, as such term is defined under 42 U.S.C. 1320(a)-7, has occurred or is pending or threatened against the party or, to its knowledge, against any employee, contractor or agent engaged to provide items or Services under this Agreement; and (c) neither party nor, to its knowledge, any employee, contractor or agent engaged to provide items or Services under this Agreement, is under investigation by any federal or state governmental agency in connection with any medical items or services furnished or ▇▇▇▇▇▇▇▇ submitted to any federal health care program (collectively “Exclusions/Adverse Actions”). During the Term of this Agreement, each party agrees to notify the other party in writing of any Exclusions/Adverse Action within ten (10) days of learning of any such Exclusions/Adverse Action and provide the basis of the Exclusions/Adverse Action.
Not Excluded. University warrants that neither University, nor, to the best of University’s knowledge, University Personnel and/or any of its Principals, is excluded from participating in the Medicare or Medicaid program nor currently debarred, suspended, proposed for debarment, declared ineligible for the award of contracts by any U.S. Federal Agency or listed in the U.S. Government System for Award Management (“▇▇▇”). University shall immediately notify Participant if it or University Personnel and/or any of its Principals becomes debarred or suspended during the term of this Agreement. University further represents that no adverse action by the federal government that will or may result in exclusions from a federal health care program has occurred or is pending or threatened against University or its affiliates, or to its reasonable knowledge, against any University Personnel. University agrees that it shall not perform any act that shall cause University to be excluded from a federal health care program or debarred, suspended or listed in the ▇▇▇ as excluded from participating in federal procurement or nonprocurement programs during the term of this Agreement.