Common use of Absence of Investigations; No Exclusion/Debarment Clause in Contracts

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/services/products from other vendors/contractors/suppliers (including Exchange Technology Providers), CRISP further warrants that it will require, through contract, that each vendor/contractor and/or supplier shall similarly warrant that the vendor/contractor/supplier and its employees are not ineligible to participate in federal health care programsor federal procurement or non-procurement programs because of being excluded, debarred, suspended or otherwise declared ineligible to participate, and that neither the vendor/contractor/supplier or 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 relating to controlled substances. The foregoing warranties do not apply to External HIEs or their employees or participants. Such warranties may be made in External HIE materials.

Absence of Investigations; No Exclusion/Debarment. The parties Participant and CRISP, respectively, agree, represent, and warrant thatfor themselves as stated below, 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 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 describedabovedescribed 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 or 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 informationprovided by a party under this Section 15.8 a 15.08(a) will be treated as that party’s Confidential Information under Section 16, 16 and will be subject to disclosure by the receiving party only 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-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-non- procurement programs: Program-related crimes;crimes crimes; crimes relating to patient abuse; felony conviction relating to health care fraud; or felony conviction relatingto relating to controlled substances. If CRISP furnishes goods/services/products from other vendors/contractors/suppliers (including Exchange Technology Provider or Direct Technology Providers), CRISP further warrants that it will require, through contract, that each vendor/contractor and/or supplier shall similarly warrant that the vendor/contractor/supplier and its employees are not ineligible to participate in federal health care programsor programs or federal procurement or non-procurement programs because of being excluded, debarred, suspended or otherwise declared ineligible to participate, and that neither the vendor/contractor/supplier or 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 relating to controlled substances. The foregoing warranties do not apply to External HIEs or their employees or participants. Such warranties may be made in External HIE materials.

Absence of Investigations; No Exclusion/Debarment. The parties Participant and CRISP, respectively, agree, represent, and warrant thatfor themselves as stated below, 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 a violation of Applicable Law related to the privacy or security of Data involving the CRISP HIE or of Health Data involving the Direct Service (“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 Servicesof Health Data involving the Direct Service. In the event that either party receives formal notice of a proposed Adverse Determination from a body describedabovedescribed 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 or CRISP ServicesHealth Data involving the Direct Service. 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 16.8(a) will be treated as that party’s Confidential Information under Section 1617, and will be subject to disclosure by the receiving party only as provided in Section 1617. 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-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-non- procurement programs: Program-related crimes;crimes crimes; crimes relating to patient abuse; felony conviction relating to health care fraud; or felony conviction relatingto relating to controlled substances. If CRISP furnishes goods/services/products from other vendors/contractors/suppliers (including Exchange Technology Provider or Direct Technology Providers), CRISP further warrants that it will require, through contract, that each vendor/contractor and/or supplier shall similarly warrant that the vendor/contractor/supplier and its employees are not ineligible to participate in federal health care programsor programs or federal procurement or non-procurement programs because of being excluded, debarred, suspended or otherwise declared ineligible to participate, and that neither the vendor/contractor/supplier or 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 relating to controlled substances. The foregoing warranties do not apply to External HIEs or their employees or participants. Such warranties may be made in External HIE materials.

Absence of Investigations; No Exclusion/Debarment. The parties Participant and CRISP, respectively, agree, represent, and warrant thatfor themselves as stated below, 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 a violation of Applicable Law related to the privacy or security of Data involving the CRISP HIE or of Health Data involving the DirectCRISP 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 of Health Data involving the Direct Services. In the event that either party receives formal notice of a proposed Adverse Determination from a body describedabovedescribed 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 or CRISP orHealth Data involving the DirectCRISP 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 156.08(a) will be treated as that party’s Confidential Information under Section 16, 17 and will be subject to disclosure by the receiving party only as provided in Section 1617. 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-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-non- procurement programs: Program-related crimes;crimes crimes; crimes relating to patient abuse; felony conviction relating to health care fraud; or felony conviction relatingto relating to controlled substances. If CRISP furnishes goods/services/products from other vendors/contractors/suppliers (including Exchange Technology Provider or Direct Technology Providers), CRISP further warrants that it will require, through contract, that each vendor/contractor and/or supplier shall similarly warrant that the vendor/contractor/supplier and its employees are not ineligible to participate in federal health care programsor programs or federal procurement or non-procurement programs because of being excluded, debarred, suspended or otherwise declared ineligible to participate, and that neither the vendor/contractor/supplier or 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 relating to controlled substances. The foregoing warranties do not apply to External HIEs or their employees or participants. Such warranties may be made in External HIE materials.

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 a violation 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 ServicesHIE. In the event that either party receives formal notice of a proposed Adverse Determination from a body describedabovedescribed 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 or CRISP ServicesHIE. 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 14.8 a will be treated as that party’s Confidential Information under Section 1615, and will be subject to disclosure by the receiving party as provided in Section 1615. 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 crimes; crimes relating to patient abuse; felony conviction relating to health care fraud; or felony conviction relatingto relating to controlled substances. If CRISP furnishes goods/services/products from other vendors/contractors/suppliers (including Exchange Technology Providers), CRISP further warrants that it will require, through contract, that each vendor/contractor and/or supplier shall similarly warrant that the vendor/contractor/supplier and its employees are not ineligible to participate in federal health care programsor programs or federal procurement or non-procurement programs because of being excluded, debarred, suspended or otherwise declared ineligible to participate, and that neither the vendor/contractor/supplier or 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 relating to controlled substances. The foregoing warranties do not apply to External HIEs or their employees or participants. Such warranties may be made in External HIE materials.

Absence of Investigations; No Exclusion/Debarment. The parties Participant and CRISP, respectively, agree, represent, and warrant thatfor themselves as stated below, 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 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 describedabovedescribed 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 or 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 15.8 a 15.08(a) will be treated as that party’s Confidential Information under Section 16, 16 and will be subject to disclosure by the receiving party only 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-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-non- procurement programs: Program-related crimes;crimes crimes; crimes relating to patient abuse; felony conviction relating to health care fraud; or felony conviction relatingto relating to controlled substances. If CRISP furnishes goods/services/products from other vendors/contractors/suppliers (including Exchange Technology Provider or Direct Technology Providers), CRISP further warrants that it will require, through contract, that each vendor/contractor and/or supplier shall similarly warrant that the vendor/contractor/supplier and its employees are not ineligible to participate in federal health care programsor programs or federal procurement or non-procurement programs because of being excluded, debarred, suspended or otherwise declared ineligible to participate, and that neither the vendor/contractor/supplier or 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 relating to controlled substances. The foregoing warranties do not apply to External HIEs or their employees or participants. Such warranties may be made in External HIE materials.

Absence of Investigations; No Exclusion/Debarment. The parties Participant and CRISP, respectively, agree, represent, and warrant thatfor themselves as stated below, 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 a violation of Applicable Law related to the privacy or security of Data involving the CRISP HIE or of Health Data involving the DirectCRISP 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 of Health Data involving the Direct Services. In the event that either party receives formal notice of a proposed Adverse Determination from a body describedabovedescribed 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 or CRISP orHealth Data involving the DirectCRISP 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 156.08(a) will be treated as that party’s Confidential Information under Section 16, 167 and will be subject to disclosure by the receiving party only as provided in Section 16167. 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-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-non- procurement programs: Program-related crimes;crimes crimes; crimes relating to patient abuse; felony conviction relating to health care fraud; or felony conviction relatingto relating to controlled substances. If CRISP furnishes goods/services/products from other vendors/contractors/suppliers (including Exchange Technology Provider or Direct Technology Providers), CRISP further warrants that it will require, through contract, that each vendor/contractor and/or supplier shall similarly warrant that the vendor/contractor/supplier and its employees are not ineligible to participate in federal health care programsor programs or federal procurement or non-procurement programs because of being excluded, debarred, suspended or otherwise declared ineligible to participate, and that neither the vendor/contractor/supplier or 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 relating to controlled substances. The foregoing warranties do not apply to External HIEs or their employees or participants. Such warranties may be made in External HIE materials.

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 a violation 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 describedabovedescribed 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 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 crimes; crimes relating to patient abuse; felony conviction relating to health care fraud; or felony conviction relatingto relating to controlled substances. If CRISP furnishes goods/services/products from other vendors/contractors/suppliers (including Exchange Technology Providers), CRISP further warrants that it will require, through contract, that each vendor/contractor and/or supplier shall similarly warrant that the vendor/contractor/supplier and its employees are not ineligible to participate in federal health care programsor programs or federal procurement or non-procurement programs because of being excluded, debarred, suspended or otherwise declared ineligible to participate, and that neither the vendor/contractor/supplier or 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-non- procurement programs: Program-related crimes; crimes relating to patient abuse; felony conviction relating to health care fraud; or felony conviction relating to controlled substances. The foregoing warranties do not apply to External HIEs or their employees or participants. Such warranties may be made in External HIE materials.

Absence of Investigations; No Exclusion/Debarment. The parties Participant and CRISP, respectively, agree, represent, and warrant thatfor themselves as stated below, 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 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 describedabovedescribed 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 or 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 informationprovided by a party under this Section 15.8 a 15.08(a) will be treated as that party’s Confidential Information under Section 16, 16 and will be subject to disclosure by the receiving party only 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-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-non- procurement programs: Program-related crimes;crimes crimes; crimes relating to patient abuse; felony conviction relating to health care fraud; or felony conviction relatingto relating to controlled substances. If CRISP furnishes goods/services/products from other vendors/contractors/suppliers (including Exchange Technology Provider or Direct Technology Providers), CRISP further warrants that it will require, through contract, that each vendor/contractor and/or supplier shall similarly warrant that the vendor/contractor/supplier and its employees are not ineligible to participate in federal health care programsor programs or federal procurement or non-non- procurement programs because of being excluded, debarred, suspended or otherwise declared ineligible to participate, and that neither the vendor/contractor/supplier or 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 relating to controlled substances. The foregoing warranties do not apply to External HIEs or their employees or participants. Such warranties may be made in External HIE materials.

Absence of Investigations; No Exclusion/Debarment. The parties Participant and CRISP respectively, agree, representrepresents, and warrant thatfor themselves as stated below, 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 a violation 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 ServicesHIE. In the event that either party receives formal notice of a proposed Adverse Determination from a body describedabovedescribed 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 or CRISP ServicesHIE. 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 14.08 a will be treated as that party’s Confidential Information under Section 1615, and will be subject to disclosure by the receiving party as provided in Section 1615. 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 crimes; crimes relating to patient abuse; felony conviction relating to health care fraud; or felony conviction relatingto relating to controlled substances. If CRISP furnishes goods/services/products from other vendors/contractors/suppliers (including Exchange Technology Providers), CRISP further warrants that it will require, through contract, that each vendor/contractor and/or supplier shall similarly warrant that the vendor/contractor/supplier and its employees are not ineligible to participate in federal health care programsor programs or federal procurement or non-procurement programs because of being excluded, debarred, suspended or otherwise declared ineligible to participate, and that neither the vendor/contractor/supplier or 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 relating to controlled substances. The foregoing warranties do not apply to External HIEs or their employees or participants. Such warranties may be made in External HIE materials.

Absence of Investigations; No Exclusion/Debarment. The parties Participant and CRISP, respectively, agree, represent, and warrant thatfor themselves as stated below, 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 a violation of Applicable Law related to the privacy or security of Data involving the CRISP HIE or of Health Data involving the Direct Service (“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 Servicesof Health Data involving the Direct Service. In the event that either party receives formal notice of a proposed Adverse Determination from a body describedabovedescribed 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-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 ServicesHealth Data involving the Direct Service. 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 16.8(a) will be treated as that party’s Confidential Information under Section 1617, and will be subject to disclosure by the receiving party only as provided in Section 1617. 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-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 crimes; crimes relating to patient abuse; felony conviction relating to health care fraud; or felony conviction relatingto relating to controlled substances. If CRISP furnishes goods/services/products from other vendors/contractors/suppliers (including Exchange Technology Provider or Direct Technology Providers), CRISP further warrants that it will require, through contract, that each vendor/contractor and/or supplier shall similarly warrant that the vendor/contractor/supplier and its employees are not ineligible to participate in federal health care programsor programs or federal procurement or non-procurement programs because of being excluded, debarred, suspended or otherwise declared ineligible to participate, and that neither the vendor/contractor/supplier or 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 relating to controlled substances. The foregoing warranties do not apply to External HIEs or their employees or participants. Such warranties may be made in External HIE materials.

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 15.8 154.8 a will be treated as that party’s Confidential Information under Section 16165, and will be subject to disclosure by the receiving party as provided in Section 16156. 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 crimes; crimes relating to patient abuse; felony conviction relating to health care fraud; or felony conviction relatingto controlled substances. If CRISP furnishes goods/services/products from other vendors/contractors/suppliers (including Exchange Technology Providers), CRISP further warrants that it will require, through contract, that each vendor/contractor and/or supplier shall similarly warrant that the vendor/contractor/supplier and its employees are not ineligible to participate in federal health care programsor federal procurement or non-procurement programs because of being excluded, debarred, suspended or otherwise declared ineligible to participate, and that neither the vendor/contractor/supplier or 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 relating to controlled substances. The foregoing warranties do not apply to External HIEs or their employees or participants. Such warranties may be made in External HIE materials.

Absence of Investigations; No Exclusion/Debarment. The parties Participant and CRISP, respectively, agree, representrepresents, and warrant thatfor themselves as stated below, 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 a violation of Applicable Law related to the privacy or security of Data involving the CRISP HIE or the Direct Service (“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 Servicesthe Direct Service. In the event that either party receives formal notice of a proposed Adverse Determination from a body describedabovedescribed 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 or CRISP ServicesHealth Data involving the Direct Service. 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 16.8 a will be treated as that party’s Confidential Information under Section 1617, and will be subject to disclosure by the receiving party only as provided in Section 1617. 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-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 crimes; crimes relating to patient abuse; felony conviction relating to health care fraud; or felony conviction relatingto relating to controlled substances. If CRISP furnishes goods/services/products from other vendors/contractors/suppliers (including Exchange or Direct Service Technology Providers), CRISP further warrants that it will require, through contract, that each vendor/contractor and/or supplier shall similarly warrant that the vendor/contractor/supplier and its employees are not ineligible to participate in federal health care programsor programs or federal procurement or non-non- procurement programs because of being excluded, debarred, suspended or otherwise declared ineligible to participate, and that neither the vendor/contractor/supplier or 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 relating to controlled substances. The foregoing warranties do not apply to External HIEs or their employees or participants. Such warranties may be made in External HIE materials.

Absence of Investigations; No Exclusion/Debarment. The parties Participant and CRISP, respectively, agree, represent, and warrant thatfor themselves as stated below, 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 a violation of Applicable Law related to the privacy or security of Data involving the CRISP HIE or of Health Data involving the DirectCRISP 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 of Health Data involving the Direct Services. In the event that either party receives formal notice of a proposed Adverse Determination from a body describedabovedescribed 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 or CRISP orHealth Data involving the DirectCRISP 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 156.08(a) will be treated as that party’s Confidential Information under Section 16, 167 and will be subject to disclosure by the receiving party only as provided in Section 16176. 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-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-non- procurement programs: Program-related crimes;crimes crimes; crimes relating to patient abuse; felony conviction relating to health care fraud; or felony conviction relatingto relating to controlled substances. If CRISP furnishes goods/services/products from other vendors/contractors/suppliers (including Exchange Technology Provider or Direct Technology Providers), CRISP further warrants that it will require, through contract, that each vendor/contractor and/or supplier shall similarly warrant that the vendor/contractor/supplier and its employees are not ineligible to participate in federal health care programsor programs or federal procurement or non-procurement programs because of being excluded, debarred, suspended or otherwise declared ineligible to participate, and that neither the vendor/contractor/supplier or 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 relating to controlled substances. The foregoing warranties do not apply to External HIEs or their employees or participants. Such warranties may be made in External HIE materials.