Establishment of Artemisia, Acceded Parties, Costs Sample Clauses

Establishment of Artemisia, Acceded Parties, Costs. 2.1 Establishment ARTEMISIA association. By signing this Artemisia Supplementary Agreement, the Initial Signing Parties agree to establish an association under Dutch law in Eindhoven, The Netherlands with the name “ARTEMISIA” and with articles of association substantially in accordance with the Draft Articles of Association and to become member of ARTEMISIA as specified in the Draft Articles of Association. The Initial Signing Parties agree that the first Steering Board and Presidium of ARTEMISIA shall be appointed by the notarial deed of establishment of ARTEMISIA in accordance with Annex 4.
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  • Treatment of Unallowable Costs Previously Submitted for Payment Mallinckrodt further agrees that within 120 days of the Effective Date of this Agreement it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Mallinckrodt or any of its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Mallinckrodt agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Mallinckrodt or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

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