Debarment/Exclusion. Executive hereby certifies to the Company that, as provided in Section 306(a) and Section 306(b) of the U.S. Federal Food, Drug and Cosmetic Act (21 U.S.C. § 335a(a) and 335a(b)) and/or under any equivalent law within or outside the United States, he/she has not in the past been and/or is not currently (or threatened to be or subject to any pending action, suit, claim investigation or administrative proceeding which could result in him/her being) (i) debarred or (ii) excluded from participation in any federally funded healthcare program or (iii) otherwise subject to any governmental sanction in any jurisdiction (including disqualification from participation in clinical research) that would affect or has affected Executive’s ability to perform his/her obligations under this Agreement or his/her employment or prevent him/her from working for the Company in any capacity in any jurisdiction. Executive hereby confirms that he/she is not on any of the following exclusion lists: (a) Food and Drug Administration Debarment List; (b) General Services Administration Excluded Parties List System; or (c) Office of Inspector General List of Excluded Individuals/Entities. Executive warrants and represents to the Company that he/she will notify the Company immediately if any of the foregoing occurs or is threatened and that the obligation to provide such notice will remain in effect following the termination of his/her employment with the Company for any reason, voluntary or involuntary. Any violation of this section by Executive may result in the termination of his/her employment with the Company. Immediately upon the request of the Company at any time, Executive will certify to the Company in writing his/her compliance with the provisions of this section.
Debarment/Exclusion. Each Party represents and warrants that neither it nor any of its employees or representatives has been or is debarred pursuant to the FDCA or has been or is excluded from participating in a federal health care program, including without limitation the Medicare and Medicaid programs. Moreover, each Party covenants that in the event it or any of its employees or representatives is subsequently debarred under the FDCA or excluded from a federal health care program during the term hereof, it shall notify the other, within five (5) business days.
Debarment/Exclusion. Consultant represents and warrants that neither Consultant, Consultant’s group practice (if applicable), nor any person or entity authorized to assist Consultant in the performance of the Consulting Services has ever been and is not currently debarred, suspended, or excluded from, proposed for debarment, suspension, or exclusion from, or otherwise ineligible for the award of contracts by any federal agency or participation in any federal health care program. Consultant’s representation and warranty hereunder includes, but is not limited to, debarment under Section 306(a) or (b) of the federal Food, Drug, and Cosmetic Act, exclusion from participation in any federal health care program (as defined in 42 U.S.C. § 1320a–7b(f)) under 42 U.S.C. § 1320a-7(a) or (b), or exclusion by any federal government agency from receiving federal contracts or federally approved subcontracts under the Federal Acquisition Regulations (FAR) or supplements thereto.
Debarment/Exclusion. (19.1) Customer represents and warrants that none of Customer or any of its employees or agents performing hereunder, has ever been, is currently, or is the subject of a proceeding that could lead to that party becoming, as applicable, a Debarred Entity or Individual, an Excluded Entity or Individual or a Convicted Entity or Individual. Customer further covenants, represents and warrants that if it or any of its employees or agents performing hereunder becomes or is the subject of a proceeding that could lead to that party becoming, as applicable, a Debarred Entity or Individual, an Excluded Entity or Individual or a Convicted Entity or Individual, Customer will immediately notify ADC, and ADC will have the right to immediately terminate this Agreement. This provision will survive the termination or expiration of this Agreement. For purposes of this provision, the following definitions will apply:
Debarment/Exclusion. (a) PUSH shall not employ, contract with or retain any person directly or indirectly to perform services under this Agreement if such a person is:
(i) excluded from a Federal health care program as outlined in Sections 1128 and 1156 of the Social Security Act (see the Office of Inspector General of the Department of Health and Human Services List of Excluded Individuals / Entities at xxxx://xxx.xxx.xxx.xxx/FRAUD/exclusions/listofexcluded.html); (ii) debarred by the Food and Drug Administration under 21 U.S.C. 335a (see the FDA Office of Regulatory Affairs Debarment List at xxxx://xxx.xxx.xxx/ora/compliance_ref/debar/); or
(iii) excluded from contracting with the federal government (see the Excluded Parties Listing System at xxxx://xxxx.xxxxx.xxx)
(b) In the event that PUSH is so excluded or debarred during the term of this Agreement, PUSH shall immediately notify the VILLAGE and cease all work hereunder. PUSH acknowledges that exclusion or debarment may result in immediate termination of this Agreement.
Debarment/Exclusion. Biovest represents and warrants that Biovest has not been debarred pursuant to the Federal Food, Drug and Cosmetic Act (the “Act”) or excluded from any Federal Health Care Program, including but not limited to, Medicare or Medicaid (each a “Federal Health Care Program”) or the General Services Administration. In addition, Biovest agrees to notify AYTU immediately if Biovest is debarred under the Federal Food Drug and Cosmetic Act or excluded under a Federal Health Care Program or from the General Services Administration during the term of the Agreement. Biovest understands that such debarment or exclusion may result in the immediate termination of the Agreement.
Debarment/Exclusion. CMS TopRidge Pharma represents and warrants that CMS TopRidge Pharma has not been debarred pursuant to the Federal Food, Drug and Cosmetic Act or excluded from any Federal Health Care Program, including but not limited to, Medicare or Medicaid (each a “Federal Health Care Program”) or the General Services Administration. In addition, CMS TopRidge Pharma agrees to notify AstraZeneca immediately if CMS TopRidge Pharma is debarred under the Federal Food Drug and Cosmetic Act or excluded under a Federal Health Care Program or from the General Services Administration during the term of the Agreement. CMS TopRidge Pharma understands that such debarment or exclusion may result in the immediate termination of the Agreement. We suggest delete this clause, reason same as above.
Debarment/Exclusion. Each Party represents and certifies that it and any person or entity employed or engaged by it including, without limitation, employees, contractors, or agents who will provide Services in connection with this Agreement (collectively, “Personnel”) are not currently:
(i) excluded, debarred, suspended or otherwise ineligible to participate in federal health care programs as defined in 42 U.S.C. § 1320a-7b or in federal procurement or non procurement activities as defined in Executive Order 12689 (collectively, “ Ineligible”);
(ii) debarred pursuant to the Generic Drug Enforcement Act of 1992, 21 U.S.C. § 335(a), as amended, or any similar state law or regulation (“Debarred”);
Debarment/Exclusion. Each party hereby represents and warrants to the other Party that neither it nor any of its employees, contractors or agents are, and at no time have been and, will not at any time during the Term of this Agreement be: (i) sanctioned within the meaning of Social Security Act Section 1128A or any amendments thereof; (ii) convicted of violating the federal Sxxxx law, federal False Claims Act, federal Anti-Kickback Statute, HIPAA provisions, federal Civil Money Penalties statute, or similar state laws, or (iii) debarred, excluded or suspended from participation in any federally funded healthcare program, including, but not limited to, Medicare and Medicaid (“Federal Program”). Each Party hereby agrees to immediately notify the other Party of any threatened, proposed, or actual exclusion of the notifying Party from any Federal Program. In the event that a Party is excluded from participating in any Federal Program during the Term of this Agreement, or if at any time during the Term of this Agreement it is determined that a Party is in breach of this provision, this Agreement shall automatically terminate as of the date of such exclusion or breach.
Debarment/Exclusion. Fellow represents and warrants to the Hospital that as of the date of this Agreement and at all times during the term of this Agreement, the following shall be true, complete and correct:
(i) Fellow is in compliance with all applicable federal and state laws and regulations, including, but not limited to, federal and state healthcare fraud and abuse provisions;
(ii) Fellow is not a target or subject of a federal or state criminal, civil, or administrative investigation;
(iii) Fellow is not a party to any actual or threatened criminal, civil or administrative action or proceeding concerning a potential violation of federal or state laws including, but not limited to, federal or state healthcare fraud and abuse provisions;
(iv) Fellow is not, and has not previously been excluded, debarred, or suspended from participating in any federal or state healthcare program or other federal or state program;
(v) Fellow is duly licensed as a physician under the laws of the State of Texas, such license and Physician’s federal DEA registration are in good standing and neither are being or have been revoked, suspended, terminated or limited in any way; and
(vi) None of the activities described in paragraph XV or XVI below are pending and in the event any event listed in XV or XVI does occur, Fellow will timely disclose such action or event to Hospital in accordance with paragraph XVI. Upon the occurrence of such event, whether or not notice is given to Hospital, Hospital may terminate this Agreement immediately upon written notice to Fellow.
