No Debarment/Exclusion. Each Party certifies to the other that neither it nor any of its employees and agents is excluded under 42 U.S.C. §I320(a)-7 from participation under any federal health care program for the provision of items or services for which payment may be made under a federal health care program; and (ii) no action has occurred or is pending or threatened against it or to its knowledge against any employee, Distributor or agent engaged to provide items or services that could result in such exclusion (collectively, “Exclusions/Adverse Actions”). During the term of this Agreement, Each Party agrees to notify the other Party in writing of any Exclusions/Adverse Actions within twenty-one (21) days of learning of any such Exclusions/Adverse Actions and provide the basis of the Exclusions/Adverse Actions. Each Party acknowledges that the exclusion of any of its personnel from participation in the Medicare or Medicaid programs shall result in his or her immediate removal from work under this Agreement. Each Party acknowledges and agrees that any unresolved Exclusions/Adverse Actions of or against it or any employee, agent or independent Distributor utilized, directly or indirectly, in the performance of this Agreement may serve as the basis for the immediate termination of this Agreement by the other Party.
Appears in 3 contracts
Samples: Distribution Agreement (Millennium Healthcare Inc.), Distribution Agreement (Millennium Healthcare Inc.), Distribution Agreement (Millennium Healthcare Inc.)
No Debarment/Exclusion. Each Party certifies to the other that neither it nor any of its employees and employees, agents or contractors performing services under this Agreement is excluded under 42 U.S.C. §I320(a)-7 1320(a)-7 from participation under any federal health care program for the provision of items or services for which payment may be made under a federal health care programFederal Health Care Program; and (ii) no action has occurred or is pending or threatened against it or to its knowledge against any employee, Distributor Contractor or agent engaged to provide items or services that could result in such exclusion (collectively, “Exclusions/Adverse Actions”). During the term of this Agreement, Each Party agrees to notify the other Party in writing of any Exclusions/Adverse Actions within twenty-one five (215) days of learning of any such Exclusions/Adverse Actions and provide the basis of the Exclusions/Adverse Actions. Each Party acknowledges that the exclusion of any of its personnel from participation in the Medicare or Medicaid programs shall result in his or her immediate removal from work under this Agreement. , Each Party acknowledges and agrees that any unresolved Exclusions/Adverse Actions of or against it or any employee, agent or independent Distributor contractor utilized, directly or indirectly, in the .the performance of this Agreement may serve as the basis for the immediate termination of this Agreement by the other Party.
Appears in 1 contract
Samples: Laboratory Marketing Services Agreement (Atossa Genetics Inc)