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 the Hospitals, 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) the Hospitals’ 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; (5) the payment the Hospitals make to the United States and to California pursuant to this Agreement and any payments that the Hospitals may make to Relator, including costs and attorneys’ fees; and (6) the negotiation of, and obligations undertaken pursuant to the CIA to: (i) retain an independent review organization to perform annual reviews as described in Section III of the CIA; and (ii) prepare and submit reports to the OIG-HHS 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). However, nothing in paragraph 15.a.(6) that may apply to the obligations undertaken pursuant to the CIA affects the status of costs that are not allowable based on any other authority applicable to the Hospitals.

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 the HospitalsMallinckrodt, their 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) audits and civil investigation(s) investigations of the matters covered by this Agreement; (3) the Hospitals’ Mallinckrodt’s 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; (5) the payment the Hospitals make Mallinckrodt makes to the United States and to California pursuant to this Agreement and any payments that the Hospitals Mallinckrodt may make to Relator, including for costs and attorneys’ fees; and (6) the negotiation of, and obligations undertaken pursuant to the CIA to: (i) retain an independent review organization to perform annual reviews as described in Section III of the CIA; and (ii) prepare and submit reports to the OIG-HHS HHS, 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). However, nothing in paragraph 15.a.(6) 15.a.6 that may apply to the obligations undertaken pursuant to the CIA affects the status of costs that are not allowable based on any other authority applicable to the HospitalsMallinckrodt.

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 the HospitalsTuomey, Buyer or Palmetto, 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) and litigation of the matters covered by this Agreement; (3) the Hospitals’ ▇▇▇▇▇▇’▇ investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil investigation(s) and litigation in connection with the matters covered by this Agreement (including attorneys’ attorney’s fees); (4) the negotiation and performance of this Agreement; (5) the payment the Hospitals payments Tuomey and Palmetto make to the United States and to California pursuant to this Agreement (including the District Court Deposit Amount) and any payments that the Hospitals Tuomey may make to Relator, Relator (including costs and attorneys’ fees); and (6) the negotiation of, and obligations undertaken pursuant to to, the CIA to: : (i) retain an independent review organization to perform annual reviews as described in Section III of the CIA; and (ii) prepare and submit reports to the OIG-HHS 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). However, nothing in paragraph 15.a.(614.a.(6) that may apply to the obligations undertaken pursuant to the CIA affects the status of costs that are not allowable based on any other authority applicable to the HospitalsTuomey, Buyer or Palmetto.

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 the Hospitals▇▇▇▇▇▇▇▇, their its present or former officers, directors, employees, shareholders, and agents in connection with: (1i) the matters covered by this AgreementSettlement Agreement and the DPA executed herewith; (2ii) the United States’ audit(s) audits and civil investigation(s) and criminal investigations of the matters covered by this Settlement Agreement; (3iii) the Hospitals’ ▇▇▇▇▇▇▇▇’s investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) audits and civil investigation(s) and criminal investigations in connection with the matters covered by this Settlement Agreement (including attorneys’ fees); (4iv) the negotiation and performance of this AgreementSettlement Agreement and the DPA; (5v) the payment the Hospitals make payments McKinsey makes to the United States and to California pursuant to this Agreement and any payments that the Hospitals may make to RelatorSettlement Agreement, including costs and attorneys’ fees; and (6vi) the negotiation of, of and obligations undertaken pursuant to the CIA to: (i) to retain an independent review organization to perform annual reviews as described in Section III of the CIA; , and (ii) to prepare and submit reports to the OIG-HHS OIG- HHS, are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (FEHBP) the FEHBP (hereinafter referred to as “Unallowable Costs”). However, nothing in paragraph 15.a.(67.a.(vi) that may apply to the obligations undertaken pursuant to the CIA affects the status of costs that are not allowable based on any other authority applicable to the HospitalsMcKinsey.

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 the HospitalsDefendants, 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 and any criminal investigation(s) of the matters covered by this Agreement; (3) the HospitalsDefendants’ 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; (5) the payment the Hospitals payments Defendants make to the United States and to California pursuant to this Agreement and any payments that the Hospitals Defendants may make to Relator, including costs and attorneys’ fees; and (6) the negotiation of, and obligations undertaken pursuant to the CIA to: : (i) retain an independent review organization to perform annual reviews as described in Section III of the CIA; and (ii) prepare and submit reports to the OIG-HHS 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”). However, nothing in paragraph 15.a.(622.a.(6) that may apply to the obligations undertaken pursuant to the CIA affects the status of costs that are not allowable based on any other authority applicable to the HospitalsDefendants.

Unallowable Costs Defined. All That 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 the Hospitals▇▇▇▇▇▇, their present together with its current and former parent corporations; each of its direct and indirect subsidiaries; brother or sister corporations; divisions; current or former owners, officers, directors, employees, shareholders, agents, and agents affiliates; and the predecessors, successors and assigns of any of them in connection with:with the following shall be “unallowable costs” on government contracts and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (FEHBP): (1) the matters covered by this AgreementAgreement and any related plea or deferred prosecution agreement; (2) the United States’ audit(s) and civil and any criminal investigation(s) of the matters covered by this Agreement; (3) the Hospitals’ ▇▇▇▇▇▇’▇ 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’ attorney’s fees); (4) the negotiation and performance of this AgreementAgreement and any plea or deferred prosecution agreement; (5) the payment the Hospitals make ▇▇▇▇▇▇ makes to the United States and to California pursuant to this Agreement and any payments that the Hospitals may make to RelatorAgreement, including any costs and attorneys’ attorneys fees; and (6) the negotiation of, and obligations undertaken pursuant to the CIA to: (i) retain an independent review organization to perform annual reviews as described in Section III of the CIA; and (ii) prepare and submit reports to the HHS-OIG-HHS 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). However, nothing in paragraph 15.a.(6this Paragraph 8.a.(6) that may apply to the obligations undertaken pursuant to the CIA affects the status of costs that are not allowable based on any other authority applicable to the Hospitals▇▇▇▇▇▇. (All costs described or set forth in this Paragraph 8.a. are hereafter “unallowable costs.”)

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-4731.20547; 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 the HospitalsMylan, their 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) the Hospitals’ Mylan’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; (5) the payment the Hospitals make Mylan makes to the United States and to California pursuant to this Agreement and any payments that the Hospitals Mylan may make to any Relator, including costs and attorneys’ attorney’s fees; and (6) the negotiation of, and obligations undertaken pursuant to the CIA to: (i) retain an independent review organization to perform annual reviews as described in Section III of the CIA; and (ii) prepare and submit reports to the OIG-HHS 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”). However, nothing in paragraph 15.a.(6Paragraph 13.a(6) that may apply to the obligations undertaken pursuant to the CIA affects the status of costs that are not allowable based on any other authority applicable to the HospitalsMylan.

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 the HospitalsMallinckrodt, their 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) audits and civil investigation(s) investigations of the matters covered by this Agreement; (3) the Hospitals’ Mallinckrodt’s 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; (5) the payment the Hospitals make Mallinckrodt makes to the United States and to California pursuant to this Agreement and any payments that the Hospitals Mallinckrodt may make to RelatorRelators, including for costs and attorneys’ fees; and (6) the negotiation of, and obligations undertaken pursuant to the CIA to: (i) retain an independent review organization to perform annual reviews as described in Section III of the CIA; and (ii) prepare and submit reports to the OIG-HHS HHS, 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). However, nothing in paragraph 15.a.(6) 15.a.6 that may apply to the obligations undertaken pursuant to the CIA affects the status of costs that are not allowable based on any other authority applicable to the HospitalsMallinckrodt.

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 the HospitalsOroville Hospital, their its present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this Agreement; (2) the United States’ or California’s audit(s) and civil investigation(s) of the matters covered by this Agreement; (3) the Hospitals’ Oroville Hospital’s investigation, defense, and corrective actions undertaken in response to the United States’ or California’s 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; (5) the payment the Hospitals make Oroville Hospital makes to the United States and to California pursuant to this Agreement and any payments that the Hospitals Oroville Hospital may make to RelatorRelators, including costs and attorneys’ fees; and (6) the negotiation of, and obligations undertaken pursuant to the CIA to: (i) retain an independent review organization to perform annual reviews as described in Section III of the CIA; and (ii) prepare and submit reports to the OIG-HHS 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). However, nothing in paragraph 15.a.(612.a.(6) that may apply to the obligations undertaken pursuant to the CIA affects the status of costs that are not allowable based on any other authority applicable to the HospitalsOroville Hospital.

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 the HospitalsLife Care, their 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) the HospitalsDefendants’ 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; (5) the payment the Hospitals Defendants make to the United States and to California pursuant to this Agreement and any payments that the Hospitals Defendants may make to RelatorRelators, including costs and attorneys’ fees; and (6) the negotiation of, and obligations undertaken pursuant to the CIA to: : (i) retain an independent review organization to perform annual reviews as described in Section III of the CIA; and (ii) prepare and submit reports to the OIG-HHS 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). However, nothing in paragraph Paragraph 15.a.(6) that may apply to the obligations undertaken pursuant to the CIA affects the status of costs that are not allowable based on any other authority applicable to the HospitalsDefendants.

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 the HospitalsDefendants, 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 and any criminal investigation(s) of the matters covered by this Agreement; (3) the HospitalsDefendants’ 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; (5) the payment the Hospitals any payments Defendants make to the United States and to California pursuant to this Agreement and any payments that the Hospitals Defendants may make to Relator, including costs and attorneys’ fees; and (6) the negotiation of, and obligations undertaken pursuant to the CIA to: : (i) retain an independent review organization to perform annual reviews as described in Section III of the CIA; and (ii) prepare and submit reports to the OIG-HHS HHS. 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). However, nothing in paragraph 15.a.(6Paragraph 9(a)(6) that may apply to the obligations undertaken pursuant to the CIA affects the status of costs that are not allowable based on any other authority applicable to the HospitalsDefendants.

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 the HospitalsHFC, their 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) the Hospitals’ HFC’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; (5) the payment the Hospitals make HFC makes to the United States and to California pursuant to this Agreement and any payments that the Hospitals may make to Relator, including costs and attorneys’ feesAgreement; and, if applicable (6) in the event that the OIG enters into a CIA with HFC, the negotiation of, and obligations undertaken pursuant to the CIA to: : (i) retain an independent review organization to perform annual reviews as described in Section III of the CIA; and and (ii) prepare and submit reports to the OIG-HHS HHS, 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). However, nothing in paragraph 15.a.(6this Paragraph 9.a.(6) that may apply to the obligations undertaken pursuant to the CIA affects the status of costs that are not allowable based on any other authority applicable to the HospitalsHFC.

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 the HospitalsDefendants, 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 and criminal investigation(s) of the matters covered by this Agreement; (3) the HospitalsDefendants’ 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’ attorney’s fees); (4) the negotiation and performance of this Agreement; (5) the payment the Hospitals Defendants make to the United States and to California pursuant to this Agreement and any payments that the Hospitals Defendants may make to RelatorRelators, including costs and attorneys’ attorney’s fees; and (6) the negotiation of, and obligations undertaken pursuant to the CIA to: : (i) retain an independent review organization to perform annual reviews as described in Section III of the CIA; and and (ii) prepare and submit reports to the OIG-HHS HHS, 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). However, nothing in paragraph 15.a.(614.a.(6) that may apply to the obligations undertaken pursuant to the CIA affects the status of costs that are not allowable based on any other authority applicable to the HospitalsDefendants.

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 the HospitalsDefendants, 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) the HospitalsDefendants’ 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; (5) the payment the Hospitals Defendants make to the United States and to California pursuant to this Agreement and any payments that the Hospitals Defendants may make to Relator, including costs and attorneys’ fees; and (6) the negotiation of, and obligations undertaken pursuant to the CIA to: (i) retain an independent review organization to perform annual reviews as described in Section III of the CIA; and (ii) prepare and submit reports to the OIG-HHS 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”). However, nothing in paragraph 15.a.(611.a.(6) that may apply to the obligations undertaken pursuant to the CIA affects the status of costs that are not allowable based on any other authority applicable to the HospitalsSMMC.

Unallowable Costs Defined. All That 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 1395ggg and 1396-1396w-51396v; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of the HospitalsPediatrix, their its present or former officers, directors, employees, shareholders, and agents in connection withwith the following shall be “unallowable costs” on government contracts and under the Medicaid Program, TRICARE Program, and FEHBP: (1) the matters covered by this Agreement; (2) the United States’ audit(s) or any states’ audits and civil investigation(s) investigations of the matters covered by this Agreement; (3) the Hospitals’ Pediatrix’s investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) or any states’ audits and civil investigation(s) investigations in connection with the matters covered by this Agreement (including attorneys’ attorney’s fees); (4) the negotiation and performance of this Agreement; (5) the payment the Hospitals make payments Pediatrix makes to the United States and to California the Medicaid Participating States pursuant to this Agreement and any payments that the Hospitals Pediatrix may make to Relator, including costs attorney’s fees and attorneys’ feesexpenses; and (6) the negotiation of, and obligations undertaken pursuant to the CIA to: : (i) retain an independent review organization to perform annual reviews as described in Section III of the CIA; and and (ii) prepare and submit reports to the OIG-HHS 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)HHS. However, nothing in paragraph 15.a.(6this Paragraph 13.a.(6) that may apply to the obligations undertaken pursuant to the CIA affects the status of costs that are not allowable based on any other authority applicable to the HospitalsPediatrix. (All costs described or set forth in this Paragraph 13.a are hereafter “unallowable costs.”)

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition RegulationRegulation (“FAR”), 48 C.F.R. § 31.205-47; 47 and in Titles XVIII and XIX of the Social Security Act▇▇▇▇▇▇▇▇ ▇▇▇, 42 U.S.C. ▇▇ ▇.▇.▇. §§ 1395▇▇▇▇-1395lll ▇▇▇▇▇▇▇ and 1396-1396w-5; 1396v, and the regulations and official program directives promulgated thereunder) incurred by or on behalf of the Hospitals▇▇▇ ▇▇▇▇▇, their its predecessors, parents, divisions, subsidiaries, or affiliates, and its present or former officers, directors, employees, shareholders, and agents in connection with: with the following shall be “unallowable costs” on Government contracts: (1) the matters covered by this Agreement; ; (2) the United States’ audit(s) audit and civil investigation(s) of the and criminal investigation relating to matters covered by this Agreement; ; (3) the Hospitals’ ▇▇▇ ▇▇▇▇▇’▇ investigation, defense, and any corrective actions undertaken in response to the United States’ audit(s) civil and civil investigation(s) criminal investigations in connection with the matters covered by this Agreement (including attorneys’ fees); ; (4) the negotiation and performance of this Agreement; Agreement and the Medicaid State Settlement Agreements and any agreement(s) with Relators concerning fees and costs; (5) the payment the Hospitals make payments made to the United States and to California or any State pursuant to this Agreement or the Medicaid State Settlement Agreements and any payments that the Hospitals ▇▇▇ ▇▇▇▇▇ may make to Relator, including costs any qui tam plaintiffs; and attorneys’ fees; and (6) the negotiation of, of and obligations undertaken pursuant to the CIA to: (ia) retain an independent review organization to perform annual reviews as described in Section III of the CIA; and (iib) prepare and submit reports to the OIG-HHS 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)HHS. However, nothing in paragraph 15.a.(6) that may apply to the obligations undertaken pursuant to the CIA this Paragraph affects the status of costs that are not allowable based on any other authority applicable to the Hospitals▇▇▇ ▇▇▇▇▇. (All costs described or set forth in this Paragraph are hereafter, “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 the HospitalsDefendants, 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) the HospitalsDefendants’ 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; (5) the payment the Hospitals payments Defendants make to the United States and to California pursuant to this Agreement and any payments that the Hospitals Defendants may make to Relatorthe Relators, including costs and attorneys’ attorney’s fees; and (6) the negotiation of, and obligations undertaken pursuant to the CIA to: (i) retain an independent review organization to perform quarterly/annual reviews as described in Section III of the ▇▇▇▇▇ Lab’s IA and Tampa Pain’s CIA; and (ii) prepare and submit reports to the OIG-HHS are unallowable costs for government contracting purposes and under the Medicare Program, the Medicaid Program, the TRICARE Program, and Federal Employees Health Benefits Program (FEHBP) FEHBP (hereinafter referred to as “Unallowable Costs”). However, nothing in paragraph 15.a.(6Paragraph 21.a.(6) that may apply to the obligations undertaken pursuant to the IA or CIA affects the status of costs that are not allowable based on any other authority applicable to the HospitalsDefendants.

Unallowable Costs Defined. All that all costs (as defined in the Federal Acquisition RegulationRegulation (“FAR”), 48 C.F.R. § 31.205-47; 47 and in Titles XVIII and XIX of the Social Security Act▇▇▇▇▇▇▇▇ ▇▇▇, 42 U.S.C. ▇▇ ▇.▇.▇. §§ 1395▇▇▇▇-1395lll ▇▇▇▇▇▇▇ and 1396-1396w-5; 1396v, and the regulations and official program directives promulgated thereunder) incurred by or on behalf of the HospitalsNeuroMetrix, their its predecessors, parents, divisions, subsidiaries, or affiliates, and its present or former officers, directors, employees, shareholders, and agents in connection with: : (1) the matters covered by this Agreement and the related Deferred Prosecution Agreement; ; (2) the United States’ audit(s) civil and civil investigation(s) of the criminal investigation relating to matters covered by this Agreement; ; (3) the Hospitals’ NeuroMetrix’s investigation, defense, and any corrective actions undertaken in response to the United States’ audit(s) civil and civil investigation(s) criminal investigations in connection with the matters covered by this Agreement (including attorneys’ fees); ; (4) the negotiation and performance of this Agreement and the Deferred Prosecution Agreement; ; (5) the payment the Hospitals make payments made to the United States and to California pursuant to this Agreement and any payments that the Hospitals may make to Relator, including costs Deferred Prosecution Agreement; and attorneys’ fees; and (6) the negotiation of, of and obligations undertaken pursuant to the CIA to: (ia) retain an independent review organization to perform annual reviews as described in Section III of the CIA; and (iib) prepare and submit reports to the OIG-HHS HHS, are unallowable costs for government contracting purposes and on Government contracts under the Medicare Program, Medicaid Program, TRICARE Program, Department of Veterans Affairs (DVA), and the Federal Employees Health Benefits Program (FEHBP) (hereinafter referred to as Unallowable Costs). However, nothing in paragraph 15.a.(6) that may apply to the obligations undertaken pursuant to the CIA this Paragraph affects the status of costs that are not allowable based on any other authority applicable to the HospitalsNeuroMetrix. (All costs described or set forth in this Paragraph are hereafter, “Unallowable Costs”).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition RegulationRegulation (“FAR”), 48 C.F.R. § 31.205-47; 47 and in Titles XVIII and XIX of the Social Security Act▇▇▇▇▇▇▇▇ ▇▇▇, 42 U.S.C. ▇▇ ▇.▇.▇. §§ 1395▇▇▇▇-1395lll ▇▇▇▇▇▇▇ and 1396-1396w-5; 1396v, and the regulations and official program directives promulgated thereunder) incurred by or on behalf of the HospitalsCephalon, their its predecessors, parents, divisions, subsidiaries, or affiliates, and its present or former officers, directors, employees, shareholders, and agents in connection with: with the following shall be “unallowable costs” on Government contracts with DVA, DLA, BOP, and other agencies and under the Medicare Program, Medicaid Program, TRICARE Program, and FEHB: (1) the matters covered by this Agreement; ; (2) the United States’ audit(s) audit and civil investigation(s) of the and criminal investigation relating to matters covered by this Agreement; ; (3) the Hospitals’ Cephalon’s investigation, defense, and any corrective actions undertaken in response to the United States’ audit(s) civil and civil investigation(s) criminal investigations in connection with the matters covered by this Agreement (including attorneys’ fees); ; (4) the negotiation and performance of this Agreement and the Medicaid State Settlement Agreement; ; (5) the payment the Hospitals make payments made to the United States and to California or any State pursuant to this Agreement or the Medicaid State Settlement Agreement and any payments that the Hospitals Cephalon may make to Relator, including costs any qui tam plaintiffs; and attorneys’ fees; and (6) the negotiation of, of and obligations undertaken pursuant to the CIA to: (ia) retain an independent review organization to perform annual reviews as described in Section III of the CIA; and (iib) prepare and submit reports to the OIG-HHS 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)HHS. However, nothing in paragraph 15.a.(6) that may apply to the obligations undertaken pursuant to the CIA this Paragraph affects the status of costs that are not allowable based on any other authority applicable to the HospitalsCephalon (All costs described or set forth in this Paragraph are hereafter, “Unallowable Costs”).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. C.F.R § 31.205-47; 47 and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll 1395ggg and 1396-1396w-5; 1396v, and the regulations and official program directives promulgated thereunder) incurred by or on behalf of the HospitalsSpectranetics, their its predecessors, parents, divisions, subsidiaries, or affiliates, and its present or former officers, directors, employees, shareholders, and agents in connection withwith the following shall be “unallowable costs” on all Government contracts and under Federal health care programs: (1) the matters covered by this Agreement; (2) the United States’ audit(s) audit and civil investigation(s) and any criminal investigation of the matters covered by this Agreement; (3) the Hospitals’ Spectranetics’s investigation, defense, and any corrective actions undertaken in response to the United States’ audit(s) audit, civil, and civil investigation(s) any criminal investigation in connection with the matters covered by this Agreement (including attorneys’ fees); (4) the negotiation and performance of this Agreement; (5) the payment the Hospitals make payments Spectranetics makes to the United States and to California pursuant to this Agreement and any payments that the Hospitals may make to Relator, including costs and attorneys’ feesAgreement; and (6) the negotiation of, of and obligations undertaken pursuant to the CIA to: : (i) retain an independent review organization to perform annual reviews as described in Section III of the CIA; and and (ii) prepare and submit reports to the OIG-HHS 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)HHS. However, nothing in paragraph 15.a.(6this Paragraph 7.a.(6) that may apply to the obligations undertaken pursuant to the CIA affects the status of costs that are not allowable based on any other authority applicable to the HospitalsSpectranetics. (All costs described or set forth in this Paragraph are hereafter, “Unallowable Costs.”)