Common use of Exclusion From Federal Health Care Programs Clause in Contracts

Exclusion From Federal Health Care Programs. Licensee will conduct activities pursuant to this Agreement in accordance with applicable state and federal laws and any applicable regulations regarding Medicare, Medicaid, and other third party-payer programs, if any. Licensee represents and warrants to Xxxxxxx, as of the Effective Date, that (a) it is not excluded from, and has not been convicted of any crime or engaged in any conduct that could result in exclusion from, participation in any state or federal healthcare program, as defined in 42 U.S.C. § 1320a-7b(f), for the provision of items or services for which payment may be made by a federal healthcare program; (b) it has not contracted with any employee, contractor, agent, or vendor to perform work under this Agreement who is excluded from participation in any state or federal healthcare program; and (c) it is not subject to a final adverse action, as defined in 42 U.S.C. § 1320a-7a(e) and 42 U.S.C. § 1320a-7a(g), and has no adverse action pending or threatened against it. Licensee will notify Xxxxxxx of any final adverse action, discovery of contract with an excluded entity or individual, or exclusion within [***] of such action.

Appears in 2 contracts

Samples: Option and License Agreement (Rapport Therapeutics, Inc.), Option and License Agreement (Rapport Therapeutics, Inc.)

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Exclusion From Federal Health Care Programs. Licensee will Xxxxxxx shall conduct activities pursuant to this Agreement in accordance with applicable state and federal laws and any applicable regulations regarding Medicare, Medicaid, and other third party-payer programs, if any. Licensee Xxxxxxx represents and warrants to XxxxxxxTRACON, as of the Effective Date, that (a1) it is not excluded from, and has not been convicted of any crime or engaged in any conduct that could result in exclusion from, participation in any state or federal healthcare program, as defined in 42 U.S.C. § §1320a-7b(f), for the provision of items or services for which payment may be made by a federal healthcare program; (b2) it has not contracted with any employee, contractor, agent, or vendor to perform work under this Agreement who is excluded from participation in any state or federal healthcare program; and (c3) it is not subject to a final adverse action, as defined in 42 U.S.C. § 1320a-7a(e) and 42 U.S.C. § 1320a-7a(g), and has no adverse action pending or threatened against it. Licensee will Xxxxxxx shall notify Xxxxxxx TRACON of any final adverse action, discovery of contract with an excluded entity or individual, or exclusion within [***] thirty (30) days of such action.

Appears in 2 contracts

Samples: License and Option Agreement (Tracon Pharmaceuticals, Inc.), License and Option Agreement (Tracon Pharmaceuticals, Inc.)

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