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 ▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇ ▇.▇.▇. §§ ▇▇▇▇-▇▇▇▇▇▇▇-▇ and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of Pfizer, 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 any civil or criminal investigations of the matters covered by this Agreement; (3) Pfizer’s investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and any civil or criminal investigation(s) in connection with the matters covered by this Agreement (including attorney’s fees); (4) the negotiation and performance of this Agreement; (5) the payment Pfizer makes to the United States pursuant to this Agreement; 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 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 Pfizer.

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 PfizerArthrex, 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 any civil or criminal investigations investigation(s) of the matters covered by this Agreement; (3) PfizerArthrex’s investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and any civil or criminal investigation(s) in connection with the matters covered by this Agreement (including attorney’s attorneys’ fees); (4) the negotiation and performance of this Agreement; (5) the payment Pfizer Arthrex makes to the United States pursuant to this AgreementAgreement and any payments that Arthrex 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 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 Pfizer.

Unallowable Costs Defined. All That all costs (as defined in the Federal Acquisition RegulationRegulations (“FAR”), 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social ▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇ ▇.▇.▇. §§ ▇▇▇▇-▇▇▇▇▇▇▇-▇ and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of PfizerElan, 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 Medicare Program, Medicaid Program, TRICARE Program, and the FEHBP: (1) the matters covered by this AgreementAgreement and the related plea agreement; (2) the United States’ audit(s), ) and any civil or and criminal investigations investigation(s) of the matters covered by this Agreement; (3) PfizerElan’s investigation, defense, and any corrective actions undertaken in response to the United States’ audit(s) and any civil or and criminal investigation(s) in connection with the matters covered by this Agreement (including attorney’s attorneys’ fees); (4) the negotiation and performance of this Agreement; (5) the payment Pfizer payments Elan makes to the United States or any State pursuant to this Agreement, or the Medicaid State Settlement Agreements and any payments that Elan may make to Relator including costs and attorney’s fees; and (6) the negotiation of, and obligations undertaken pursuant to the CIA toto : (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 this paragraph 8.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 PfizerElan.

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 Pfizerthe Prime Defendants or the ▇▇▇▇ Defendants, its and 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 any civil or criminal investigations investigation(s) of the matters covered by this Agreement; (3) Pfizer’s investigationthe Prime Defendants’ and the ▇▇▇▇ Defendants’ investigations, defensedefenses, and corrective actions undertaken in response to the United States’ audit(s) and any civil or criminal investigation(s) in connection with the matters covered by this Agreement (including attorney’s attorneys’ fees); (4) the negotiation and performance of this Agreement; (5) the payment Pfizer makes payments that the Prime Defendants, Dr. Siva, and the ▇▇▇▇ PC make to the United States pursuant to this AgreementAgreement and any payments that the Prime Defendants, Dr. Siva, and the ▇▇▇▇ PC may make to Relator ▇▇▇▇▇▇▇▇▇▇ and Relators ▇▇▇▇▇▇ and ▇▇▇▇, 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, and the TRICARE Program, and Federal Employees Health Benefits Program (“FEHBP”) (hereinafter referred to as Unallowable Costs). However, nothing in paragraph 8.a.(6Paragraph 35.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 Pfizerthe Prime Defendants.

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 PfizerDefendants, 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 any civil or criminal investigations investigation(s) of the matters covered by this Agreement; (3) Pfizer’s Defendants’ investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and any civil or criminal investigation(s) in connection with the matters covered by this Agreement (including attorney’s attorneys’ fees); (4) the negotiation and performance of this Agreement; (5) the payment Pfizer makes Defendants make to the United States pursuant to this AgreementAgreement and any payments that 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 8.a.(6Paragraph 16.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 PfizerDefendants.

Unallowable Costs Defined. All That all costs (as defined in the Federal Acquisition RegulationRegulations (“FAR”), 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social ▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇ ▇.▇.▇. §§ ▇▇▇▇-▇▇▇▇▇▇▇-▇ and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of PfizerElan, its present or former officers, directors, employees, shareholders, and agents 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 the related plea agreement; (2) the United States’ audit(s), ) and any civil or and criminal investigations investigation(s) of the matters covered by this Agreement; (3) PfizerElan’s investigation, defense, and any corrective actions undertaken in response to the United States’ audit(s) and any civil or and criminal investigation(s) in connection with the matters covered by this Agreement (including attorney’s attorneys’ fees); (4) the negotiation and performance of this Agreement; (5) the payment Pfizer payments Elan makes to the United States or any State pursuant to this Agreement, or the Medicaid State Settlement Agreements and any payments that Elan may make to Relator; and (6) the negotiation of, and obligations undertaken pursuant to the CIA toto : (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 this paragraph 8.a.(6) 14.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 PfizerElan.

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 ▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇ ▇.▇.▇. §§ ▇▇▇▇-▇▇▇▇▇▇▇-▇ and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of PfizerUT, 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 any civil or criminal investigations of the matters covered by this Agreement; (3) PfizerUT’s investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and any civil or criminal investigation(s) in connection with the matters covered by this Agreement (including attorney’s fees); (4) the negotiation and performance of this Agreement; (5) the payment Pfizer UT makes to the United States pursuant to this Agreement; 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 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 PfizerUT.

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-▇▇▇▇▇▇▇-▇ 1395kkk-1 and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of PfizerProvidence or its Companies, 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), Government’s audits and any civil or and criminal investigations of the matters covered by this Agreement; (3) PfizerProvidence’s investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) Government’s audits and civil and any civil or criminal investigation(s) investigations in connection with the matters covered by this Agreement (including attorney’s fees); (4) the negotiation and performance of this Agreement; (5) the payment Pfizer Providence makes to the United States Government pursuant to this Agreement; and (6) the negotiation of, and obligations undertaken pursuant to the CIA to: (i) retain an independent review organization organizations 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, and Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (“FEHBP”) (hereinafter referred to as Unallowable Costs). However, nothing in paragraph 8.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 PfizerProvidence.

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 Pfizer, 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 any civil or criminal investigations investigation(s) of the matters covered by this Agreement; (3) Pfizer▇▇▇▇▇▇▇▇▇▇▇▇▇▇’s investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and any civil or criminal investigation(s) in connection with the matters covered by this Agreement (including attorney’s attorneys’ fees); (4) the negotiation and performance of this Agreement;; and (5) the payment Pfizer payments ▇▇▇▇▇▇▇▇▇▇▇▇▇▇ makes to the United States pursuant to this AgreementAgreement and any payments that ▇▇▇▇▇▇▇▇▇▇▇▇▇▇ 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 8.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 Pfizer▇▇▇▇▇▇▇▇▇▇▇▇▇▇.

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 ▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇ ▇.▇.▇. §§ ▇▇▇▇-▇▇▇▇▇▇▇-▇ and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of Pfizer21C, 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 civil or criminal investigations investigation(s) of the matters covered by this Agreement; (3) Pfizer21C’s investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil and any civil or criminal investigation(s) in connection with the matters covered by this Agreement (including attorney’s fees); (4) the negotiation and performance of this Agreement; (5) the payment Pfizer 21C makes to the United States pursuant to this AgreementAgreement and any payments that 21C 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 8.a.(617.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 Pfizer.21C.

Unallowable Costs Defined. All To the extent applicable, all costs (as defined in the Federal Acquisition RegulationRegulations (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-▇▇▇▇▇▇▇-▇ 1395ggg and 1396-1396w-5; 1396v, and the regulations and official program directives promulgated thereunder) incurred by or on behalf of Pfizeron ACPA, its present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this Agreement;Covered Conduct, (2) the United States’ States= audit(s), ) and any civil or criminal investigations investigations(s) of the matters covered by this Agreement;Covered Conduct, (3) Pfizer’s ACPA=s investigation, defense, and any corrective actions undertaken in direct response to the United States’ States= audit(s) and any civil or criminal investigation(s) in connection with the matters covered by this Agreement (including attorney’s =s fees);, Agreement, (4) the negotiation and performance of this Agreement;this (5) the payment Pfizer ACPA makes to the United States pursuant to this Agreement; , and (6) the negotiation ofof the CIA, and the obligations undertaken pursuant to the CIA to: : (i) retain 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-OIG- HHS, are unallowable costs for government contracting purposes on Government contracts 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 this sub-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 PfizerACPA. All costs described or set forth in this Paragraph 12(a) 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 ▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇ ▇.▇.▇. §§ ▇▇▇▇-▇▇▇▇▇▇▇-▇ and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of PfizerOmnicare, 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 any civil or criminal investigations investigation(s) of the matters covered by this Agreement; (3) PfizerOmnicare’s investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and any civil or criminal investigation(s) in connection with the matters covered by this Agreement (including attorney’s fees); (4) the negotiation and performance of this Agreement; (5) the payment Pfizer Omnicare makes to the United States pursuant to this AgreementAgreement and any payments that Omnicare may make to Relators, 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 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 Pfizer.

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 PfizerCHS, 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 any civil or criminal investigations investigation of the matters covered by this Agreement; (3) PfizerCHS’s investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) audit and any civil or criminal investigation(s) investigation in connection with the matters covered by this Agreement (including attorney’s attorneys’ fees); (4) the negotiation and performance of this Agreement; (5) the any payment Pfizer that CHS makes to the United States pursuant to this AgreementAgreement and any payment that CHS 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 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 and any other authority applicable to PfizerFederal health care program.

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 ▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇ ▇.▇.▇. §§ ▇▇▇▇-▇▇▇▇▇▇▇-▇ and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of Pfizerthe 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 any civil or criminal investigations investigation(s) of the matters covered by this Agreement; (3) Pfizer’s Defendants' investigation, defense, and corrective actions undertaken in response to the United States’ ' audit(s) and any civil or criminal investigation(s) in connection with the matters covered by this Agreement (including attorney’s 's fees); (4) the negotiation and performance of this Agreement; (5) the payment Pfizer makes Defendants make to the United States pursuant to this AgreementAgreement and any payments that Defendants may make to Relators, including costs and 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, . 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 8.a.(6Paragraph 11.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 PfizerDefendants.

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 ▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇ ▇.▇.▇. §§ ▇▇▇▇-▇▇▇▇▇▇▇-▇ and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of PfizerDiversicare, 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 civil or criminal investigations investigation(s) of the matters covered by this Agreement; (3) PfizerDiversicare’s investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil and any civil or criminal investigation(s) in connection with the matters covered by this Agreement (including attorney’s attorneys’ fees); (4) the negotiation and performance of this Agreement; (5) the payment Pfizer Diversicare makes to the United States pursuant to this AgreementAgreement and any payments that Diversicare may make to Relators, 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 8.a.(617.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 PfizerDiversicare.