Common use of Exclusions and Convictions Clause in Contracts

Exclusions and Convictions. The Director represents and warrants that neither he nor any immediate family member [i.e., any child, stepchild, parent, stepparent, spouse, sibling, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, or sisters-in-law and any person (other than a tenant or domestic employees) who shares the Director’s home] has been: (i) debarred, suspended or otherwise determined to be ineligible to participate in any federal or state program (including any federal or state licensing program) or to contract with any federal or state agency; or (ii) convicted in any court of any federal or state felony; (iii) convicted in any court of any federal or state misdemeanor, related to: (A) the delivery of an item or service under Medicare or a state health care program, (B) the abuse or neglect of a patient in connection with the delivery of a health care item or service; (C) theft, fraud, embezzlement, breach of fiduciary duty, or other financial misconduct in connection with the delivery of a health care item or service; (D) the interference with or obstruction of any investigation into any criminal offense described in 42 C.F.R. § 1001.101 or 1001.201; (E) the unlawful manufacture, distribution, prescription, or dispensing of a controlled substance (the foregoing collectively referred to herein as, “Excluded”). If the Director or an immediate family member of the Director is, or during the Directorship Term becomes, Excluded, the Director shall immediately notify the Company and, notwithstanding anything herein to the contrary, the Company may immediately terminate this Agreement.

Exclusions and Convictions. The Director represents and warrants that neither he she nor any immediate family member [i.e., any child, stepchild, parent, stepparent, spouse, sibling, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, or sisters-in-law and any person (other than a tenant or domestic employees) who shares the Director’s home] has been: (i) debarred, suspended or otherwise determined to be ineligible to participate in any federal or state program (including any federal or state licensing program) or to contract with any federal or state agency; or (ii) convicted in any court of any federal or state felony; (iii) convicted in any court of any federal or state misdemeanor, related to: (A) the delivery of an item or service under Medicare or a state health care program, (B) the abuse or neglect of a patient in connection with the delivery of a health care item or service; (C) theft, fraud, embezzlement, breach of fiduciary duty, or other financial misconduct in connection with the delivery of a health care item or service; (D) the interference with or obstruction of any investigation into any criminal offense described in 42 C.F.R. C.F. R. § 1001.101 or 1001.2011001 .201; (E) the unlawful manufacture, distribution, prescription, or dispensing of a controlled substance (the foregoing collectively referred to herein as, “Excluded”). If the Director or an immediate family member of the Director is, or during the Directorship Term becomes, Excluded, the Director shall immediately notify the Company and, notwithstanding anything herein to the contrary, the Company may immediately terminate this Agreement.

Exclusions and Convictions. The Director represents and warrants that neither he nor any immediate family member [i.e., any child, stepchild, parent, stepparent, spouse, sibling, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, or sisters-in-law and any person (other than a tenant or domestic employees) who shares the Director’s home] has been: (i) debarred, suspended or otherwise determined to be ineligible to participate in any federal or state program (including any federal or state licensing program) or to contract with any federal or state agency; or (ii) convicted in any court of any federal or state felony; (iii) convicted in any court of any federal or state misdemeanor, related to: (A) the delivery of an item or service under Medicare or a state health care program, (B) the abuse or neglect of a patient in connection with the delivery of a health care item or service; (C) theft, fraud, embezzlement, breach of fiduciary duty, or other financial misconduct in connection with the delivery of a health care item or service; (D) the interference with or obstruction of any investigation into any criminal offense described in 42 C.F.R. § 1001.101 or 1001.201; (E) the unlawful manufacture, distribution, prescription, or dispensing of a controlled substance (the foregoing collectively referred to herein as, “Excluded”). If the Director or an immediate family member of the Director is, or during the Directorship Term becomes, Excluded, the Director shall immediately notify the Company and, notwithstanding anything herein to the contrary, the Company may immediately terminate this Agreement. Apria, Inc. has requested confidential treatment of this registration statement and associated correspondence pursuant to Rule 83 of the Securities and Exchange Commission.

Exclusions and Convictions. The Director represents and warrants that neither he she nor any immediate family member [i.e., any child, stepchild, parent, stepparent, spouse, sibling, mother-in-law, father-in-law, Apria, Inc. has requested confidential treatment of this registration statement and associated correspondence pursuant to Rule 83 of the Securities and Exchange Commission. son-in-law, daughter-in-law, brother-in-law, or sisters-in-law and any person (other than a tenant or domestic employees) who shares the Director’s home] has been: (i) debarred, suspended or otherwise determined to be ineligible to participate in any federal or state program (including any federal or state licensing program) or to contract with any federal or state agency; or (ii) convicted in any court of any federal or state felony; (iii) convicted in any court of any federal or state misdemeanor, related to: (A) the delivery of an item or service under Medicare or a state health care program, (B) the abuse or neglect of a patient in connection with the delivery of a health care item or service; (C) theft, fraud, embezzlement, breach of fiduciary duty, or other financial misconduct in connection with the delivery of a health care item or service; (D) the interference with or obstruction of any investigation into any criminal offense described in 42 C.F.R. C.F. R. § 1001.101 or 1001.2011001 .201; (E) the unlawful manufacture, distribution, prescription, or dispensing of a controlled substance (the foregoing collectively referred to herein as, “Excluded”). If the Director or an immediate family member of the Director is, or during the Directorship Term becomes, Excluded, the Director shall immediately notify the Company and, notwithstanding anything herein to the contrary, the Company may immediately terminate this Agreement.