Common use of Unallowable Costs Defined Clause in Contracts

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of Akorn, its present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this Agreement; (2) the United States’ audit(s) and civil investigation(s) of the matters covered by this Agreement; (3) Akorn’s investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil investigation(s) in connection with the matters covered by this Agreement (including attorneys’ fees); (4) the negotiation and performance of this Agreement; and (5) the payment Akorn makes to the United States pursuant to this Agreement and any payments that Akorn may make to Relator, including costs and attorneys fees; are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (FEHBP) (hereinafter referred to as Unallowable Costs).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of Akornkaléo, its present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this Agreement; (2) the United States’ audit(s) and civil and criminal investigation(s) of the matters covered by this Agreement; (3) Akornkaléo’s investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil and criminal investigation(s) in connection with the matters covered by this Agreement (including attorneys’ fees); (4) the negotiation and performance of this Agreement; and (5) the payment Akorn kaléo makes to the United States pursuant to this Agreement and any payments that Akorn kaléo may make to Relator, including costs and attorneys fees; attorneys’ fees are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (FEHBP) (hereinafter referred to as “Unallowable Costs”).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of AkornDefendants, its their present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this Agreement; (2) the United States’ audit(s) and civil investigation(s) of the matters covered by this Agreement; (3) Akorn’s Defendants’ investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil investigation(s) in connection with the matters covered by this Agreement (including attorneys’ fees); (4) the negotiation and performance of this Agreement; and (5) the payment Akorn makes Defendants make to the United States pursuant to this Agreement and any payments that Akorn Defendants may make to Relator, including costs and attorneys fees; . are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (FEHBP) (hereinafter referred to as “Unallowable Costs”).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of AkornNICA, its present or former officers, directors, employees, shareholders, and agents in connection with: (1) i. the matters covered by this Agreement; (2) ii. the United States’ audit(s) and civil investigation(s) of the matters covered by this Agreement; (3) Akorniii. NICA’s investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil investigation(s) in connection with the matters covered by this Agreement (including attorneys’ fees); (4) iv. the negotiation and performance of this Agreement; and (5) v. the payment Akorn NICA makes to the United States pursuant to this Agreement and any payments that Akorn NICA may make to RelatorRelators, including costs and attorneys fees; attorneys’ fees are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (FEHBP) (hereinafter referred to as Unallowable Costs).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of Akornthe Arriva Defendants, its their present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this Agreement; (2) the United States’ audit(s) and civil investigation(s) of the matters covered by this Agreement; (3) Akorn’s The Arriva Defendants’ investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil investigation(s) in connection with the matters covered by this Agreement (including attorneys’ fees); (4) the negotiation and performance of this Agreement; and (5) the payment Akorn makes the Arriva Defendants make to the United States pursuant to this Agreement and any payments that Akorn the Arriva Defendants may make to Relator, including costs and attorneys attorneys’ fees; are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (FEHBP) (hereinafter referred to as Unallowable Costs).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of Akornkaléo, its present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this Agreement; (2) the United States’ audit(s) and civil and criminal investigation(s) of the matters covered by this Agreement; (3) Akorn▇▇▇▇▇’s investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil and criminal investigation(s) in connection with the matters covered by this Agreement (including attorneys’ fees); (4) the negotiation and performance of this Agreement; and (5) the payment Akorn ▇▇▇▇▇ makes to the United States pursuant to this Agreement and any payments that Akorn kaléo may make to Relator, including costs and attorneys fees; attorneys’ fees are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (FEHBP) (hereinafter referred to as “Unallowable Costs”).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of Akorn, its the Defendants or their present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this Agreement; (2) the United States’ audit(s) and civil investigation(s) of the matters covered by this Agreement; (3) Akorn’s the Defendants’ investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil investigation(s) in connection with the matters covered by this Agreement (including attorneys’ fees); (4) the negotiation and performance of this Agreement; and (5) the payment Akorn makes payments the Defendants make to the United States pursuant to this Agreement and any payments that Akorn the Defendants may make to Relator, including costs and attorneys fees; attorneys’ fees are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (FEHBP) FEHBP (hereinafter referred to as Unallowable Costs).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll and 1396-1396- 1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of AkornInform, its present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this Agreement; (2) the United States’ audit(s) and civil and any criminal investigation(s) of the matters covered by this Agreement; (3) AkornInform’s investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil and any criminal investigation(s) in connection with the matters covered by this Agreement (including attorneys’ fees); (4) the negotiation and performance of this Agreement; and (5) the payment Akorn Inform makes to the United States pursuant to this Agreement and any payments that Akorn Inform may make to Relator, including costs and attorneys fees; attorneys’ fees are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (FEHBP) FEHBP (hereinafter referred to as Unallowable Costs).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of Akorn▇▇▇▇ ▇▇▇▇▇▇▇▇, its present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this Agreement; (2) the United States’ audit(s) and civil investigation(s) of the matters covered by this Agreement; (3) Akorn▇▇▇▇ ▇▇▇▇▇▇▇▇’s investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil investigation(s) in connection with the matters covered by this Agreement (including attorneys’ fees); (4) the negotiation and performance of this Agreement; and (5) the payment Akorn ▇▇▇▇ Pharmacy makes to the United States pursuant to this Agreement and any payments that Akorn ▇▇▇▇ Pharmacy may make to Relator, including costs and attorneys fees; fees are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (FEHBP) (hereinafter referred to as Unallowable Costs).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of AkornUltragenyx, its present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this Agreement; (2) the United States’ audit(s) and civil and any criminal investigation(s) of the matters covered by this Agreement; (3) AkornUltragenyx’s investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil and any criminal investigation(s) in connection with the matters covered by this Agreement (including attorneys’ fees); (4) the negotiation and performance of this Agreement; and (5) the payment Akorn payments Ultragenyx makes to the United States pursuant to this Agreement and any payments that Akorn may make to Relator, including costs and attorneys fees; Agreement. are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (FEHBP) (hereinafter referred to as Unallowable Costs).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll 1395kkk-1 and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of Akorn▇▇▇▇▇▇, its her present or former officers, directors, employees, shareholders, employees and agents in connection with: (1) the matters covered by this Settlement Agreement; (2) the United States’ and the State of Connecticut’s audit(s) and civil investigation(s) of the matters covered by this Settlement Agreement; (3) Akorn’s ▇▇▇▇▇▇’▇ investigation, defense, and corrective actions undertaken in response to the United States’ and the State of Connecticut’s audit(s) and civil investigation(s) in connection with the matters covered by this Settlement Agreement (including attorneys’ attorney’s fees); (4) the negotiation and performance of this Settlement Agreement; and (5) the payment Akorn ▇▇▇▇▇▇ makes to the United States and the State of Connecticut pursuant to this Settlement Agreement and any payments that Akorn may make to Relator, including costs and attorneys fees; are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (FEHBP) (hereinafter referred to as Unallowable Costs).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of AkornDefendants, its their present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this Agreement; (2) the United States’ audit(s) and civil investigation(s) of the matters covered by this Agreement; (3) Akorn’s Defendants’ investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil investigation(s) in connection with the matters covered by this Agreement (including attorneys’ fees); (4) the negotiation and performance of this Agreement; and; (5) the payment Akorn makes Defendants make to the United States pursuant to this Agreement and any payments that Akorn Defendants may make to DNJ Relator or EDPA Relator, including costs and attorneys fees; attorneys’ fees are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (FEHBP) FEHBP (hereinafter referred to as Unallowable Costs).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of Akorn, CareCloud its present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this Agreement; (2) the United States’ audit(s) and civil and criminal investigation(s) of the matters covered by this Agreement; (3) AkornCareCloud’s investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil and any criminal investigation(s) in connection with the matters covered by this Agreement (including attorneys’ fees); (4) the negotiation and performance of this Agreement; and; (5) the payment Akorn CareCloud makes to the United States pursuant to this Agreement and any payments that Akorn CareCloud may make to Relator, including costs and attorneys fees; attorneys’ fees are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (FEHBP) (hereinafter referred to as Unallowable Costs).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of AkornNAPS, its present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this Agreement; (2) the United States’ audit(s) and civil investigation(s) of the matters covered by this Agreement; (3) Akorn’s NAPS’ investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil investigation(s) in connection with the matters covered by this Agreement (including attorneys’ fees); (4) the negotiation and performance of this Agreement; and (5) the payment Akorn NAPS makes to the United States pursuant to this Agreement and any payments that Akorn NAPS may make to Relator, including costs and attorneys attorneys’ fees; are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (FEHBP) (hereinafter referred to as Unallowable Costs).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of AkornNostrum and ▇▇▇▇▇, its their present or former officers, directors, employees, shareholders, and agents in connection with:connection (1) the matters covered by this Agreement; (2) the United States’ audit(s) and civil investigation(s) of the matters covered by this Agreement; (3) Akorn’s Nostrum and ▇▇▇▇▇’▇ investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil investigation(s) in connection with the matters covered by this Agreement (including attorneys’ fees); (4) the negotiation and performance of this Agreement; and (5) the payment Akorn makes payments Nostrum and ▇▇▇▇▇ make to the United States pursuant to this Agreement and any payments that Akorn may make to Relator, including costs and attorneys fees; Agreement. are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (FEHBP) (hereinafter referred to as Unallowable Costs).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of AkornMorseLife, its present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this Agreement; (2) the United States’ audit(s) and civil investigation(s) of the matters covered by this Agreement; (3) AkornMorseLife’s investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil investigation(s) in connection with the matters covered by this Agreement (including attorneys’ fees); (4) the negotiation and performance of this Agreement; and (5) the payment Akorn MorseLife makes to the United States pursuant to this Agreement and any payments that Akorn may make to RelatorAgreement, including costs and attorneys fees; are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (FEHBP) (hereinafter referred to as Unallowable Costs).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of AkornExagen, its present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this Agreement; (2) the United States’ audit(s) and civil investigation(s) of the matters covered by this Agreement; (3) AkornExagen’s investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil investigation(s) in connection with the matters covered by this Agreement (including attorneys’ fees); (4) the negotiation and performance of this Agreement; and (5) the payment Akorn Exagen makes to the United States pursuant to this Agreement and any payments that Akorn Exagen may make to Relator, including costs and attorneys fees; attorneys’ fees are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (FEHBP) (hereinafter referred to as Unallowable Costs).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act▇▇▇▇▇▇▇▇ ▇▇▇, 42 U.S.C. ▇▇ ▇.▇.▇. §§ 1395▇▇▇▇-1395lll ▇▇▇▇▇▇▇-▇ and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of AkornDefendants, its their present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this Agreement; (2) the United States’ audit(s) audit and civil investigation(s) investigation of the matters covered by this Agreement; (3) Akorn’s Defendants’ investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) audit and civil investigation(s) investigation in connection with the matters covered by this Agreement (including attorneys’ attorney’s fees); (4) the negotiation and performance of this Agreement; and (5) the payment Akorn makes Defendants make to the United States pursuant to this Agreement and any payments that Akorn Defendants may make to Relator, including costs and attorneys fees; attorney’s fees are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (FEHBP) (hereinafter referred to as Unallowable Costs).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of AkornDefendants, its their present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this Agreement; (2) the United States’ audit(s) and civil investigation(s) of the matters covered by this Agreement; (3) Akorn’s Defendants’ investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil investigation(s) in connection with the matters covered by this Agreement (including attorneys’ fees); (4) the negotiation and performance of this Agreement; and (5) the payment Akorn makes payments Defendants make to the United States pursuant to this Agreement and any payments that Akorn Defendants may make to Relator, including costs and attorneys attorney’s fees; are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (FEHBP) (hereinafter referred to as Unallowable Costs).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll 1395lll-1 and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of AkornMedicrea, its present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this Agreement; (2) the United States’ audit(s) and civil investigation(s) investigation of the matters covered by this Agreement; (3) AkornMedicrea’s investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil investigation(s) investigation in connection with the matters covered by this Agreement (including attorneys’ attorney’s fees); (4) the negotiation and performance of this Agreement; and; (5) the payment Akorn Medicrea makes to the United States pursuant to this Agreement and any payments that Akorn Medicrea may make to Relator, including costs and attorneys attorneys’ fees; , are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (FEHBP) (hereinafter referred to as Unallowable Costs).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of AkornDePuy, its present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this Agreement; (2) the United States’ audit(s) ), civil investigation, and civil investigation(s) criminal investigation of the matters covered by this Agreement; (3) Akorn’s ▇▇▇▇▇’▇ investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) ), civil investigation, and civil investigation(s) criminal investigation in connection with the matters covered by this Agreement (including attorneys’ fees); (4) the negotiation and performance of this Agreement; and (5) the payment Akorn DePuy makes to the United States pursuant to this Agreement and any payments that Akorn DePuy may make to Relator, including costs and attorneys fees; attorneys’ fees are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (FEHBP) (hereinafter referred to as Unallowable Costs).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of AkornElara Caring, its present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this Agreement; (2) the United States’ audit(s) and civil investigation(s) of the matters covered by this Agreement; (3) Akorn▇▇▇▇▇ ▇▇▇▇▇▇’s investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil investigation(s) in connection with the matters covered by this Agreement (including attorneys’ fees); (4) the negotiation and performance of this Agreement; and (5) the payment Akorn Elara Caring makes to the United States pursuant to this Agreement and any payments that Akorn Elara Caring may make to Relator, including costs and attorneys attorneys’ fees; . are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (FEHBP) (hereinafter referred to as Unallowable Costs).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll 1395kkk-1 and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of AkornX, its present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this Agreement; (2) the United States’ audit(s) and civil investigation(s) of the matters covered by this Agreement; (3) Akorn’s Defendants’ investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil investigation(s) in connection with the matters covered by this Agreement (including attorneys’ attorney’s fees); (4) the negotiation and performance of this Agreement; and (5) the payment Akorn makes Defendants make to the United States pursuant to this Agreement and any payments that Akorn Defendants may make to RelatorRelators, including costs and attorneys fees; attorneys’ fees are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (FEHBP) (hereinafter referred to as “Unallowable Costs”).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of AkornVHC, its present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this Agreement; (2) the United States’ audit(s) and civil investigation(s) of the matters covered by this Agreement; (3) AkornVHC’s investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil investigation(s) in connection with the matters covered by this Agreement (including attorneys’ fees); (4) the negotiation and performance of this Agreement; and (5) the payment Akorn VHC makes to the United States pursuant to this Agreement and any payments that Akorn VHC may make to RelatorRelators, including costs and attorneys fees; attorneys’ fees are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (“FEHBP”) (hereinafter referred to as “Unallowable Costs”).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll 1395kkk-1 and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of AkornRIDCC, its present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this Agreement; (2) the United States’ audit(s) and civil investigation(s) of the matters covered by this Agreement; (3) AkornRIDCC’s investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil investigation(s) in connection with the matters covered by this Agreement (including attorneys’ attorney’s fees); (4) the negotiation and performance of this Agreement; and; (5) the payment Akorn RIDCC makes to the United States pursuant to this Agreement and any payments that Akorn may make to Relator, including costs and attorneys fees; Agreement. are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (FEHBP) (hereinafter referred to as Unallowable Costs).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of AkornNumotion, its present or former officers, directors, employees, shareholders, and agents in connection with: (1i) the matters covered by this Agreement; (2ii) the United States’ audit(s) and civil investigation(s) investigations of the matters covered by this Agreement; (3iii) AkornNumotion’s investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil investigation(s) investigations in connection with the matters covered by this Agreement (including attorneys’ fees); (4iv) the negotiation and performance of this Agreement; and (5v) the payment Akorn payments Numotion makes to the United States pursuant to this Agreement and any payments that Akorn Numotion may make to RelatorRelators, including costs and attorneys attorneys’ fees; , are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, Federal Healthcare Programs and the Federal Employees Health Benefits Program (“FEHBP”) (hereinafter referred to as “Unallowable Costs”).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll 1395lll-1 and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of Akorn▇▇▇▇▇▇, its present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this Agreement; (2) the United States’ audit(s) and civil and any criminal investigation(s) of the matters covered by this Agreement; (3) Akorn▇▇▇▇▇▇’s investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil and any criminal investigation(s) in connection with the matters covered by this Agreement (including attorneys’ fees); (4) the negotiation and performance of this Agreement; and (5) the payment Akorn ▇▇▇▇▇▇ makes to the United States pursuant to this Agreement and any payments that Akorn Pacira may make to Relator, including costs and attorneys fees; attorneys’ fees are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (“FEHBP”) (hereinafter referred to as collectively, the “Unallowable Costs”).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of AkornOraPharma, its present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this Agreement; (2) the United States’ audit(s) and civil investigation(s) of the matters covered by this Agreement; (3) AkornOraPharma’s investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil investigation(s) in connection with the matters covered by this Agreement (including attorneys’ fees); (4) the negotiation and performance of this Agreement; and (5) the payment Akorn OraPharma makes to the United States pursuant to this Agreement and any payments that Akorn OraPharma may make to Relator, including costs and attorneys fees; attorneys’ fees are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (FEHBP) (hereinafter referred to as Unallowable Costs).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of Akorn▇▇▇ ▇▇▇▇▇▇▇▇, Saratoga Center, or its present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this Agreement; (2) the United States’ audit(s) audit and civil investigation(s) investigations of the matters covered by this Agreement; (3) Akorn’s The Settling Parties’ investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil investigation(s) investigation in connection with the matters covered by this Agreement (including attorneys’ fees); (4) the negotiation and performance of this Agreement; and (5) the payment Akorn ▇▇▇ ▇▇▇▇▇▇▇▇ makes to the United States pursuant to this Agreement and any payments that Akorn may make to RelatorAgreement, including costs and attorneys fees; are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (FEHBP) (hereinafter referred to as Unallowable Costs).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of AkornDiopsys, its present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this Agreement; (2) the United States’ audit(s) and civil and any criminal investigation(s) of the matters covered by this Agreement; (3) Akorn’s Diopsys’ investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil and any criminal investigation(s) in connection with the matters covered by this Agreement (including attorneys’ fees); (4) the negotiation and performance of this Agreement; and (5) the payment Akorn Diopsys makes to the United States pursuant to this Agreement and any payments that Akorn Diopsys may make to Relator, including costs and attorneys attorneys’ fees; . are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (FEHBP) (hereinafter referred to as Unallowable Costs).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll and 1396-1396- 1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of AkornDefendants, its their present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this AgreementThe Civil Action and investigation and litigation thereof; (2) the United States’ audit(s) and civil investigation(s) of the matters covered by this Agreement; (3) Akorn’s Defendants’ investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) audits and civil investigation(s) investigations in connection with the matters covered by this Agreement (including attorneys’ fees); (4) the negotiation and performance of this Agreement; and (5) the payment Akorn makes payments Defendants make to the United States pursuant to this Agreement and any payments that Akorn Defendants may make to Relatorthe Relators, including costs and attorneys attorneys’ fees; are unallowable costs for government contracting purposes and under the Medicare ProgramMedicare, Medicaid ProgramMedicaid, TRICARE ProgramTRICARE, and Federal Employees Health Benefits Program (“FEHBP”) (hereinafter referred to as “Unallowable Costs”).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll 1395kkk and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of AkornPoplar, its present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this Agreement; (2) the United States’ ' audit(s) and civil investigation(s) of the matters covered by this Agreement; (3) Akorn’s ▇▇▇▇▇▇'s investigation, defense, and corrective actions undertaken in response to the United States’ ' audit(s) and civil investigation(s) in connection with the matters covered by this Agreement (including attorneys’ attorney's fees); (4) the negotiation and performance of this Agreement; and (5) the payment Akorn Poplar makes to the United States pursuant to this Agreement and any payments that Akorn Poplar may make to Relator, including costs and attorneys fees; attorney's fees are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (FEHBP) (hereinafter referred to as Unallowable Costs).