Common use of Fraud and Abuse Compliance Clause in Contracts

Fraud and Abuse Compliance. (A) To Borrower’s knowledge (after due inquiry and investigation), none of Borrower, Property Manager or any of their Affiliates or any of their officers, directors, agents or employees, nor any agent acting on behalf of or for the benefit of any of the foregoing, has directly or indirectly in connection with Borrower or Property Manager or otherwise: (A) offered or paid any remuneration, in cash or in kind to, or made any financial arrangements with, any past, present or potential customers, past or present suppliers, patients, medical provider members, contractors or third party payors of Borrower or Property Manager in violation of applicable law; (B) given or agreed to give, or is aware that there has been made or that there is any agreement to make, any gift or gratuitous payment of any kind, nature or description (whether in money, property or services) to any customer or potential customer, supplier or potential supplier, contractor, third party payor or any other person in violation of applicable law; (C) made or agreed to make, or is aware that there has been made or that there is any agreement to make, any contribution, payment of gift of funds or property to, or for the private use of, any governmental official, employee or agent where either the contribution, payment or gift or the purpose of such contribution, payment or gift is or was illegal under the laws of the United States or under the laws of any state or any other governmental entity having jurisdiction over such payment, contribution or gift; (D) established or maintained any unrecorded fund or asset for any purpose or made any misleading, false or artificial entries on any of its books or records for any reason; (E) made, or agreed to make, or is aware that there has been made or that there is any agreement to make, any payment to any person with the intention or understanding that any part of such payment would be used for any purpose other than that described in the documents supporting such payment. Prudential Loan Nos. 706109321 - 706109336 and 706109394 CNL BV Portfolio Second Amended and Restated Loan Agreement (B) To Borrower’s knowledge (after due inquiry and investigation), none of Borrower, Property Manager or any of their Affiliates or any of their officers, directors, agents or employees, is a party to any contract, lease agreement or other arrangement (including any joint venture or consulting agreement) related to Borrower or Property Manager with any physician, health care facility, hospital, nursing facility, home health agency or other person who is in a position to make or influence referrals to or otherwise generate business or operations for Borrower or Property Manager or otherwise influence the affairs of Borrower or Property Manager, to provide services, lease space, lease equipment or engage in any other venture or activity that are prohibited by law or that did not provide commercially reasonable terms and fair market value consideration for the goods, property, services or use of money provided, exchanged or acquired thereunder at the time entered into. (C) Borrower is in compliance (and shall require Property Manager to be in compliance) with the applicable provisions of 42 U.S.C. §1320a-7b prohibiting illegal remuneration (including kickbacks, bribes or rebates) by properly disclosing and appropriately reflecting its pricing in any cost claimed or charge made, if any, under the applicable Third Party Payor Programs.

Fraud and Abuse Compliance. (A) To Borrower’s knowledge (after due inquiry and investigation), none of Borrower, Property Manager or any of their Affiliates or any of their officers, directors, agents or employees, nor any agent acting on behalf of or for the benefit of any of the foregoing, has directly or indirectly in connection with Borrower or Property Manager or otherwise: (A) offered or paid any remuneration, in cash or in kind to, or made any financial arrangements with, any past, present or potential customers, past or present suppliers, patients, medical provider members, contractors or third party payors of Borrower or Property Manager in violation of applicable law; (B) given or agreed to give, or is aware that there has been made or that there is any agreement to make, any gift or gratuitous payment of any kind, nature or description (whether in money, property or services) to any customer or potential customer, supplier or potential supplier, contractor, third party payor or any other person in violation of applicable law; (C) made or agreed to make, or is aware that there has been made or that there is any agreement to make, any contribution, payment of gift of funds or property to, or for the private use of, any governmental official, employee or agent where either the contribution, payment or gift or the purpose of such contribution, payment or gift is or was illegal under the laws of the United States or under the laws of any state or any other governmental entity having jurisdiction over such payment, contribution or gift; (D) established or maintained any unrecorded fund or asset for any purpose or made any misleading, false or artificial entries on any of its books or records for any reason; (E) made, or agreed to make, or is aware that there has been made or that there is any agreement to make, any payment to any person with the intention or understanding that any part of such payment would be used for any purpose other than that described in the documents supporting such payment. Prudential Loan Nos. 706109321 - 706109336 and 706109394 CNL BV Portfolio Second Amended and Restated Loan Agreement. (B) To Borrower’s knowledge (after due inquiry and investigation), none of Borrower, Property Manager or any of their Affiliates or any of their officers, directors, agents or employees, is a party to any contract, lease agreement or other arrangement (including any joint venture or consulting agreement) related to Borrower or Property Manager with any physician, health care facility, hospital, nursing facility, home health agency or other person who is in a position to make or influence referrals to or otherwise generate business or operations for Borrower or Property Manager or otherwise influence the affairs of Borrower or Property Manager, to provide services, lease space, lease Prudential Loan Nos. 706109321 - 706109336 CNL BV Portfolio Amended and Restated Loan Agreement equipment or engage in any other venture or activity that are prohibited by law or that did not provide commercially reasonable terms and fair market value consideration for the goods, property, services or use of money provided, exchanged or acquired thereunder at the time entered into. (C) Borrower is in compliance (and shall require Property Manager to be in compliance) with the applicable provisions of 42 U.S.C. §1320a-7b prohibiting illegal remuneration (including kickbacks, bribes or rebates) by properly disclosing and appropriately reflecting its pricing in any cost claimed or charge made, if any, under the applicable Third Party Payor Programs.

Fraud and Abuse Compliance. (A) To Borrower’s knowledge (after due inquiry and investigation), none of Borrower, Property Manager or any of their Affiliates or any of their officers, directors, agents or employees, nor any agent acting on behalf of or for the benefit of any of the foregoing, has directly or indirectly in connection with Borrower or Property Manager or otherwise: (A) offered or paid any remuneration, in cash or in kind to, or made any financial arrangements with, any past, present or potential customers, past or present suppliers, patients, medical provider members, contractors or third party payors of Borrower or Property Manager in violation of applicable law; (B) given or agreed to give, or is aware that there has been made or that there is any agreement to make, any gift or gratuitous payment of any kind, nature or description (whether in money, property or services) to any customer or potential customer, supplier or potential supplier, contractor, third party payor or any other person in violation of applicable law; (C) made or agreed to make, or is aware that there has been made or that there is any agreement to make, any contribution, payment of gift of funds or property to, or for the private use of, any governmental official, employee or agent where either the contribution, payment or gift or the purpose of such contribution, payment or gift is or was illegal under the laws of the United States or under the laws of any state or any other governmental entity having jurisdiction over such payment, contribution or gift; (D) established or maintained any unrecorded fund or asset for any purpose or made any misleading, false or artificial entries on any of its books or records for any reason; (E) made, or agreed to make, or is aware that there has been made or that there is any agreement to make, any payment to any person with the intention or understanding that any part of such payment would be used for any purpose other than that described in the documents supporting such payment. Prudential Loan Nos. 706109321 - 706109336 and 706109394 CNL BV Portfolio Second Amended and Restated Loan Agreement. (B) To Borrower’s knowledge (after due inquiry and investigation), none of Borrower, Property Manager or any of their Affiliates or any of their officers, directors, agents or employees, is a party to any contract, lease agreement or other arrangement (including any joint venture or consulting agreement) related to Borrower or Property Manager with any physician, health care facility, hospital, nursing facility, home health agency or other person who is in a position to make or influence referrals to or otherwise generate business or operations for Borrower or Property Manager or otherwise influence the affairs of Borrower or Property Manager, to provide services, lease space, lease equipment or engage in any other venture or activity that are prohibited by law or that did not provide commercially reasonable terms and fair market value consideration for the goods, property, services or use of money provided, exchanged or acquired thereunder at the time entered into. (C) Borrower is in compliance (and shall require Property Manager to be in compliance) with the applicable provisions of 42 U.S.C. §1320a-7b prohibiting illegal remuneration (including kickbacks, bribes or rebates) by properly disclosing and appropriately reflecting its pricing in any cost claimed or charge made, if any, under the applicable Third Party Payor Programs.. Prudential Loan Nos. 706109322, 706109323, 706109324, 706109325, 706109326, 706109327, 706109328, 706109329, 706109333, 706109334, 706109335 and 706109336 CNL BV Portfolio Loan Agreement

Fraud and Abuse Compliance. (A) To Borrower’s knowledge (after due inquiry and investigation), none of Borrower, Property Manager or any of their Affiliates or any of their officers, directors, agents or employees, nor any agent acting on behalf of or for the benefit of any of the foregoing, has directly or indirectly in connection with Borrower or Property Manager or otherwise: (A) offered or paid any remuneration, in cash or in kind to, or made any financial arrangements with, any past, present or potential customers, past or present suppliers, patients, medical provider members, contractors or third party payors of Borrower or Property Manager in violation of applicable law; (B) given or agreed to give, or is aware that there has been made or that there is any agreement to make, any gift or gratuitous payment of any kind, nature or description (whether in money, property or services) to any customer or potential customer, supplier or potential supplier, contractor, third party payor or any other person in violation of applicable law; (C) made or agreed to make, or is aware that there has been made or that there is any agreement to make, any contribution, payment of gift of funds or property to, or for the private use of, any governmental official, employee or agent where either the contribution, payment or gift or the purpose of such contribution, payment or gift is or was illegal under the laws of the United States or under the laws of any state or any other governmental entity having jurisdiction over such payment, contribution or gift; (D) established or maintained any unrecorded fund or asset for any purpose or made any misleading, false or artificial entries on any of its books or records for any reason; (E) made, or agreed to make, or is aware that there has been made or that there is any agreement to make, any payment to any person with the intention or understanding that any part of such payment would be used for any purpose other than that described in the documents supporting such payment. Prudential Loan Nos. 706109321 - 706109336 and 706109394 CNL BV Portfolio Second Amended and Restated Loan Agreement. (B) To Borrower’s knowledge (after due inquiry and investigation), none of Borrower, Property Manager or any of their Affiliates or any of their officers, directors, agents or employees, is a party to any contract, lease agreement or other arrangement (including any joint venture or consulting agreement) related to Borrower or Property Manager with any physician, health care facility, hospital, nursing facility, home health agency or other person who is in a position to make or influence referrals to or otherwise generate business or operations for Borrower or Property Manager or otherwise influence the affairs of Borrower or Property Manager, to provide services, lease space, lease equipment or engage in any other venture or activity that are prohibited by law or that did not provide commercially reasonable terms and fair market value consideration for the goods, property, services or use of money provided, exchanged or acquired thereunder at the time entered into. (C) Borrower is in compliance (and shall require Property Manager to be in compliance) with the applicable provisions of 42 U.S.C. §1320a-7b prohibiting illegal remuneration (including kickbacks, bribes or rebates) by properly disclosing and appropriately reflecting its pricing in any cost claimed or charge made, if any, under the applicable Third Party Payor Programs.