Common use of Exclusion Review Clause in Contracts

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Chapter 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this IA shall be whether Choudhary-Rolla Neurology was in material breach of this IA and, if so: x. Xxxxxxxxx-Xxxxx Neurology cured such breach within 30 days of its receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-day period, but that, during the 30-day period following Choudhary-Rolla Neurology’s receipt of the Notice of Material Breach: (i) Xxxxxxxxx-Xxxxx Neurology had begun to take action to cure the material breach; (ii) Xxxxxxxxx-Rolla Neurology pursued such action with due diligence; and (iii) Choudhary-Rolla Neurology provided to OIG a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Choudhary-Rolla Neurology, only after a DAB decision in favor of OIG. Choudhary-Rolla Neurology’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Choudhary-Rolla Neurology upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Choudhary-Rolla Neurology may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Choudhary-Rolla Neurology shall waive Xxxxxxxxx-Rolla Neurology’s right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Xxxxxxxxx-Xxxxx Neurology, Xxxxxxxxx-Rolla Neurology shall be reinstated effective the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Chapter Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this IA CIA shall be be: a. whether Choudhary-Rolla Neurology Serono was in material breach of this IA and, if so: x. Xxxxxxxxx-Xxxxx Neurology cured CIA; b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; or b. and c. whether the alleged material breach could not have been cured within the 30-day period, but that, during the 30-day period following Choudhary-Rolla Neurology’s receipt of the Notice of Material Breach: (i) Xxxxxxxxx-Xxxxx Neurology Serano had begun to take action to cure the material breachbreach within that period; (ii) Xxxxxxxxx-Rolla Neurology Serono has pursued and is pursuing such action with due diligence; and (iii) Choudhary-Rolla Neurology Serano provided to OIG within that period a reasonable timetable for curing the material breachbreach and Serono has followed the timetable. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ifthe ALJ rules for Choudhary-Rolla NeurologyXxxxxx, only after a DAB decision in favor of OIG. Choudhary-Rolla Neurology’s Serono's election of its contractual right to appeal to the DAB shall not abrogate OIG’s 's authority to exclude Choudhary-Rolla Neurology Xxxxxx upon the issuance of an ALJ’s 's decision in favor of OIGofOIG. If the ALJ sustains the determination of OIG ofOIG and determines 42 Corporate Integrity Agreement Serano Holding, Inc. Case 1:05-cr-10282-RCL Document 7-6 Filed 12/21/05 Page 15 of 20 that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ AU issues such a decision, notwithstanding that Choudhary-Rolla Neurology Serono may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the the_ exclusion shall take effect 20 days after the DAB decision. Choudhary-Rolla Neurology Serono shall waive Xxxxxxxxx-Rolla Neurology’s its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Xxxxxxxxx-Xxxxx NeurologyofSerono, Xxxxxxxxx-Rolla Neurology Serono shall be reinstated effective on the date of the original exclusion. 4.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Chapter 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this IA CIA shall be be: a. whether Choudhary-Rolla Neurology Ocean Dental was in material breach of this IA and, if so:CIA; x. Xxxxxxxxx-Xxxxx Neurology cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-day period following Choudhary-Rolla Neurology’s receipt of the Notice of Material Breach: (i) Xxxxxxxxx-Xxxxx Neurology Ocean Dental had begun to take action to cure the material breachbreach within that period; (ii) Xxxxxxxxx-Rolla Neurology Ocean Dental has pursued and is pursuing such action with due diligence; and (iii) Choudhary-Rolla Neurology Ocean Dental provided to OIG within that period a reasonable timetable for curing the material breachbreach and Ocean Dental has followed the timetable. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Choudhary-Rolla NeurologyOcean Dental, only after a DAB decision in favor of OIG. Choudhary-Rolla NeurologyOcean Dental’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Choudhary-Rolla Neurology Ocean Dental upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Choudhary-Rolla Neurology Ocean Dental may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Choudhary-Rolla Neurology Ocean Dental shall waive Xxxxxxxxx-Rolla Neurology’s its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Xxxxxxxxx-Xxxxx NeurologyOcean Dental, Xxxxxxxxx-Rolla Neurology Ocean Dental shall be reinstated effective the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Chapter 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this IA CIA shall be be: a. whether ChoudharyTri-Rolla Neurology County was in material breach of this IA and, if so:CIA; x. Xxxxxxxxx-Xxxxx Neurology cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-day period following Choudhary-Rolla Neurology’s receipt of the Notice of Material Breach: (i) XxxxxxxxxTri-Xxxxx Neurology County had begun to take action to cure the material breachbreach within that period; (ii) XxxxxxxxxTri-Rolla Neurology County has pursued and is pursuing such action with due diligence; and (iii) ChoudharyTri-Rolla Neurology County provided to OIG within that period a reasonable timetable for curing the material breachbreach and Tri-County has followed the timetable. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for ChoudharyTri-Rolla NeurologyCounty, only after a DAB decision in favor of OIG. ChoudharyTri-Rolla NeurologyCounty’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude ChoudharyTri-Rolla Neurology County upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that ChoudharyTri-Rolla Neurology County may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. ChoudharyTri-Rolla Neurology County shall waive Xxxxxxxxx-Rolla Neurology’s its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of XxxxxxxxxTri-Xxxxx NeurologyCounty, XxxxxxxxxTri-Rolla Neurology County shall be reinstated effective the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Chapter Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this IA CIA shall be be: a. whether Choudhary-Rolla Neurology First Call was in material breach of this IA and, if so:CIA; x. Xxxxxxxxx-Xxxxx Neurology cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether the alleged material breach could not have been cured within the 30-day period, but that, during the 30-day period following Choudhary-Rolla Neurology’s receipt of the Notice of Material Breach: (i) Xxxxxxxxx-Xxxxx Neurology First Call had begun to take action to cure the material breachbreach within that period; (ii) Xxxxxxxxx-Rolla Neurology First Call has pursued and is pursuing such action with due diligence; and (iii) Choudhary-Rolla Neurology First Call provided to OIG within that period a reasonable timetable for curing the material breachbreach and First Call has followed the timetable. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Choudhary-Rolla NeurologyFirst Call, only after a DAB decision in favor of OIG. Choudhary-Rolla NeurologyFirst Call’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Choudhary-Rolla Neurology First Call upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Choudhary-Rolla Neurology First Call may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Choudhary-Rolla Neurology First Call shall waive Xxxxxxxxx-Rolla Neurology’s its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Xxxxxxxxx-Xxxxx NeurologyFirst Call, Xxxxxxxxx-Rolla Neurology First Call shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Chapter Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this IA CIA shall be be: a. whether Choudhary-Rolla Neurology Allegiance was in material breach of this IA and, if so:CIA; x. Xxxxxxxxx-Xxxxx Neurology cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether the alleged material breach could not have been cured within the 30-day period, but that, during the 30-day period following Choudhary-Rolla Neurology’s receipt of the Notice of Material Breach: (i) Xxxxxxxxx-Xxxxx Neurology Allegiance had begun to take action to cure the material breachbreach within that period; (ii) Xxxxxxxxx-Rolla Neurology Allegiance has pursued and is pursuing such action with due diligence; and (iii) Choudhary-Rolla Neurology Allegiance provided to OIG within that period a reasonable timetable for curing the material breachbreach and Allegiance has followed the timetable. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Choudhary-Rolla NeurologyAllegiance, only after a DAB decision in favor of OIG. Choudhary-Rolla NeurologyAllegiance’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Choudhary-Rolla Neurology Allegiance upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Choudhary-Rolla Neurology Allegiance may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Choudhary-Rolla Neurology Allegiance shall waive Xxxxxxxxx-Rolla Neurology’s its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Xxxxxxxxx-Xxxxx NeurologyAllegiance, Xxxxxxxxx-Rolla Neurology Allegiance shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Chapter Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this IA shall be whether Choudhary-Rolla Neurology Xxxxx was in material breach of this IA and, if so, whether: x. Xxxxxxxxx-Xxxxx Neurology cured such breach within 30 days of its receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Choudhary-Rolla Neurology’s Xxxxx’x receipt of the Notice of Material Breach: (i) Xxxxxxxxx-Xxxxx Neurology had begun to take action to cure the material breach; (ii) Xxxxxxxxx-Rolla Neurology Xxxxx pursued such action with due diligence; and (iii) Choudhary-Rolla Neurology Xxxxx provided to OIG a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Choudhary-Rolla NeurologyXxxxx, only after a DAB decision in favor of OIG. Choudhary-Rolla Neurology’s Xxxxx’x election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Choudhary-Rolla Neurology Xxxxx upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Choudhary-Rolla Neurology Xxxxx may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Choudhary-Rolla Neurology Xxxxx shall waive Xxxxxxxxx-Rolla Neurology’s its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Xxxxxxxxx-Xxxxx, Xxxxx Neurology, Xxxxxxxxx-Rolla Neurology shall be reinstated effective on the date of the original exclusion.