Absence of Investigations; No Exclusion/Debarment Sample Clauses

Absence of Investigations; No Exclusion/Debarment. The parties agree, represent, and warrant that, as of the Effective Date and at all times during the term of the Agreement: a. By Participant, that Participant has not received an adverse determination or a sanction or penalty from any federal, state, local or international regulatory or law enforcement organization finding aviolation of Applicable Law related to the privacy or security of Data involving the CRISP HIE (“an “Adverse Determination”). By CRISP, that CRISP has not received an Adverse Determination or a sanction or penalty from any federal, state, local or international regulatory or law enforcement organization finding a violation of Applicable Law related to the privacy or security of Data involving the CRISP HIE or CRISP Services. In the event that either party receives formal notice of a proposed Adverse Determination from a body describedabove, it will inform the other party of the notice and provide relevant details, subject to bona-fide advice of legal counsel as to preservation of attorney-client privilege or other bona-fide legal interests of the party, so that the other party can take appropriate remedial or other responsive action to protect its interests and rights under this Agreement or otherwise. The parties agree that the provisions of this Section apply only to Adverse Determinations relating to Data involving the HIE or CRISP Services. No information provided pursuant to this Section will be deemed to be an admission of fault or liability by the party providing it. All information provided by a party under this Section 15.8 a will be treated as that party’s Confidential Information under Section 16, and will be subject to disclosure by the receiving party as provided in Section 16. x. XXXXX warrants that neither CRISP nor any of its employees is currently ineligible to participate in federal health care programs or federal procurement or non-procurement programs because of being excluded, debarred, suspended or otherwise declared ineligible to participate. CRISP warrants that neither it nor any of its employees has been convicted of any of the following offenses but has not yet been excluded, debarred, suspended or otherwise declared ineligible to participate in federal health care programs or federal procurement or non-procurement programs: Program-related crimes;crimes relating to patient abuse; felony conviction relating to health care fraud; or felony conviction relatingto controlled substances. If CRISP furnishes goods/se...
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Absence of Investigations; No Exclusion/Debarment. The Participant and CRISP, respectively, agree, represent, and warrant for themselves as stated below, as of the Effective Date and at all times during the term of the Agreement: organization finding a violation of Applicable Law related to the privacy or security of Data involving the CRISP HIE or CRISP Services (an “Adverse Determination”). By CRISP, that CRISP has not received an Adverse Determination or a sanction or penalty from any federal, state, local or international regulatory or law enforcement organization finding a violation of Applicable Law related to the privacy or security of Data involving the CRISP HIE or CRISP Services. In the event that either party receives formal notice of a proposed Adverse Determination from a body described above, it will inform the other party of the notice and provide relevant details, subject to bona-fide advice of legal counsel as to preservation of attorney-client privilege or other bona-fide legal interests of the party, so that the other party can take appropriate remedial or other responsive action to protect its interests and rights under this Agreement or otherwise. The parties agree that the provisions of this Section apply only to Adverse Determinations relating to Data involving the HIE Data involving CRISP Services. No information provided pursuant to this Section will be deemed to be an admission of fault or liability by the party providing it. All information provided by a party under this Section 15.08(a) will be treated as that party’s Confidential Information under Section 16 and will be subject to disclosure by the receiving party only as provided in Section 16.
Sample 1

Related to Absence of Investigations; No Exclusion/Debarment

  • SUSPENSION & DEBARMENT Contractor represents and warrants as previously certified in Contractor’s Bidder’s Certification, that neither Contractor nor its principals or affiliates presently are nor have ever been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in any governmental contract by any governmental department or agency within the United States.

  • Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

  • Investigations and Remediations Lessor shall retain the responsibility and pay for any investigations or remediation measures required by governmental entities having jurisdiction with respect to the existence of Hazardous Substances on the Premises prior to the Start Date, unless such remediation measure is required as a result of Lessee's use (including "Alterations", as defined in Paragraph 7.3(a) below) of the Premises, in which event Lessee shall be responsible for such payment. Lessee shall cooperate fully in any such activities at the request of Lessor, including allowing Lessor and Lessor's agents to have reasonable access to the Premises at reasonable times in order to carry out Lessor's investigative and remedial responsibilities.

  • DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION By executing this contract the firm affirms that it is in compliance with the requirements of 2 C.F.R. Part 180 and that neither it, its principals, nor its subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

  • Suspension and Debarment Contractor certifies that it and its principals are not suspended or debarred from doing business with the state or federal government as listed on the State of Texas Debarred Vendor List maintained by the Texas Comptroller of Public Accounts and the System for Award Management (XXX) maintained by the General Services Administration. This certification is made pursuant to the regulations implementing Executive Order 12549 and Executive Order 12689, Debarment and Suspension, 2 C.F.R. Part 376, and any relevant regulations promulgated by the Department or Agency funding this project. This provision shall be included in its entirety in Contractor’s subcontracts, if any, if payment in whole or in part is from federal funds.

  • Investigation of Breach If the Seller (i) has knowledge of a breach of a representation or warranty made in Section 3.4, (ii) receives notice from the Depositor, the Trust, the Owner Trustee or the Indenture Trustee of a breach of a representation or warranty made in Section 3.4, (iii) receives a written request to repurchase a Receivable due to an alleged breach of a representation and warranty in Section 3.4 from the Owner Trustee, the Indenture Trustee, any Verified Note Owner or any Noteholder (which repurchase request shall provide sufficient detail so as to allow the Seller to reasonably investigate the alleged breach of the representations and warranties in Section 3.4; provided, that with respect to a repurchase request from a Noteholder or a Verified Note Owner, such repurchase request shall initially be provided to the Indenture Trustee) for a Receivable (each, a “Repurchase Request”) or (iv) receives a final report from the Asset Representations Reviewer that indicates that the Asset Representations Reviewer has determined that a test procedure under the Asset Representations Review Agreement has not been satisfied with respect to a representation or warranty set forth in Section 3.4 for a Receivable, then, in each case, the Seller will investigate the Receivable to confirm the breach and determine if the breach materially and adversely affects the interests of the Purchaser, the Issuer or the Noteholders in any Receivable. None of the Servicer, the Issuer, the Owner Trustee, the Indenture Trustee, the Asset Representations Reviewer or the Administrator will have an obligation to investigate whether a breach of any representation or warranty has occurred or whether any Receivable is required to be repurchased under this Section 3.5.

  • Survival Regardless of Investigation The indemnification and contribution provided for herein will remain in full force and effect regardless of any investigation made by or on behalf of Indemnitee or any officer, director, employee, agent or controlling person of Indemnitee.

  • No Duty of Investigation; Notice in Trust Instruments, Etc No purchaser, lender, transfer agent or other Person dealing with the Trustees or any officer, employee or agent of the Trust or a Series thereof shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustees or by said officer, employee or agent or be liable for the application of money or property paid, loaned, or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, instrument, certificate, Share, other security of the Trust or a Series thereof or undertaking, and every other act or thing whatsoever executed in connection with the Trust shall be conclusively presumed to have been executed or done by the executors thereof only in their capacity as Trustees under this Declaration or in their capacity as officers, employees or agents of the Trust or a Series thereof. Every written obligation, contract, instrument, certificate, Share, other security of the Trust or a Series thereof or undertaking made or issued by the Trustees may recite that the same is executed or made by them not individually, but as Trustees under the Declaration, and that the obligations of the Trust or a Series thereof under any such instrument are not binding upon any of the Trustees or Shareholders individually, but bind only the Trust Property or the Trust Property of the applicable Series, and may contain any further recital which they may deem appropriate, but the omission of such recital shall not operate to bind the Trustees individually. The Trustees shall at all times maintain insurance for the protection of the Trust Property or the Trust Property of the applicable Series, its Shareholders, Trustees, officers, employees and agents in such amount as the Trustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisable.

  • No Duty of Investigation Notice in Trust Instruments, etc. No purchaser, lender, transfer agent or other person dealing with the Trustees or with any officer, employee or agent of the Trust shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustees or by said officer, employee or agent or be liable for the application of money or property paid, loaned, or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, undertaking, instrument, certificate, Share, other security of the Trust, and every other act or thing whatsoever executed in connection with the Trust shall be conclusively taken to have been executed or done by the executors thereof only in their capacity as Trustees under this Declaration or in their capacity as officers, employees or agents of the Trust. The Trustees may maintain insurance for the protection of the Trust Property, its Shareholders, Trustees, officers, employees and agents in such amount as the Trustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisable or is required by the 1940 Act.

  • CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION

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