No Debarment or Exclusion. Each Party represents and warrants that, as of the Effective Date, neither it nor any of its Affiliates, nor any of their officers, employees or agents has been debarred or is subject to debarment as authorized by Section 306 of the United States Federal Food, Drug, and Cosmetic Act or has been excluded from participation in Government Health Care Programs under 42 U.S.C. § 1320a-7, and neither Party nor any of its Affiliates will use in any capacity, in connection with the Exploitation of the Products in the Field, any Person who has been debarred pursuant to Section 306 of the United States Federal Food, Drug, and Cosmetic Act, who is the subject of a conviction described in such section, who has been excluded from participation in Government Health Care Programs under 42 U.S.C. § 1320a-7 or who has been convicted of any crime or engaged in any conduct for which such Person could be excluded from participation in Government Health Care Programs under 42 U.S.C. § 1320a-7. Each Party agrees to inform the other Party in writing immediately if it, any of its officers, employees or agents, or any Person who is performing services hereunder is debarred, is the subject of a conviction described in Section 306 of the United States Federal Food, Drug, and Cosmetic Act, is excluded from participation in Government Health Care Programs under 42 U.S.C. § 1320a-7 or is convicted of any crime for which such Person could be excluded from participation in Government Health Care Programs under 42 U.S.C. § 1320a-7, or if any action, suit, claim, investigation or legal or administrative proceeding is pending or, to the best of such Party’s knowledge, is threatened, relating to the debarment, exclusion or conviction of such Party or any Person used in any capacity by such Party or any of its Affiliates in connection with the Exploitation of the Products.
No Debarment or Exclusion. In the course of performing its obligations under this Agreement, each Party has not used and shall not use, during the Term of this Agreement, any employee or consultant who has been debarred by any Regulatory Authority, or is the subject of debarment proceedings by a Regulatory Authority or who has been excluded from participation in a federal health care program.
No Debarment or Exclusion. No Governmental Entity of competent jurisdiction shall have enacted, issued, promulgated, enforced or entered any Order that shall have become final and non-appealable for the debarment or exclusion of the Company or any of its Subsidiaries under Medicare or any Medicaid program.
No Debarment or Exclusion. 70 11.8 Compliance with Anti-Corruption Laws. 71 11.9 Additional Third Party Technology. 73 11.10 [***] 73 ARTICLE 12 INDEMNIFICATION; INSURANCE 74 12.1 Indemnification by Xxxxxxx. 74 12.2 Indemnification by Xencor. 74 12.3 Indemnification Procedures. 75 12.4 Insurance. 76 ARTICLE 13 TERM AND TERMINATION 76 13.1 Term. 76
No Debarment or Exclusion. In connection with its activities under this Agreement, Distributor will not use any Representative, either itself or through a subsidiary or affiliate, that has been debarred or excluded by any Regulatory Authority or, to Distributor’s knowledge, is the subject of debarment or exclusion proceedings by any Regulatory Authority. If Distributor learns that any Representative performing on its behalf under this Agreement has been debarred or excluded by any Regulatory Authority, or has become the subject of debarment or exclusion proceedings by any Regulatory Authority, then Distributor shall promptly notify Regenity and shall prohibit such Representative from performing further on Distributor’s behalf under this Agreement.
No Debarment or Exclusion. SUPPLIER represents and warrants that it has not been excluded, nor any of its employees been excluded from payment for U.S. federal healthcare programs, nor do they appear on the List of Excluded Individuals/Entities of the Office of the Inspector General of the U.S. Department of Health and Human Services. STRYKER represents and warrants that it has not been excluded, nor any of its employees been excluded from payment for U.S. federal healthcare programs, nor do they appear on the List of Excluded Individuals/Entities of the Office of the Inspector General of the U.S. Department of Health and Human Services. To the extent that this representation fails to be true and correct at any time during the Term with respect to a Party, then the other Party shall have the right to terminate this Agreement immediately.
No Debarment or Exclusion. Neither Seller, nor any of its employees, officers or directors has been, is, or is in anticipation of being (based on a conviction by the courts or a finding of fault by a regulatory authority): (a) debarred pursuant to the Generic Drug Enforcement Act of 1992 (21 U.S.C. § 335a); (b) disqualified from participating in clinical trials pursuant to 21 C.F.R. §312.70; (c) disqualified as a testing facility under 21 C.F.R. Part 58, Subpart K; (d) excluded, debarred or suspended from or otherwise ineligible to participate in a "Federal Health Care Program" as defined in 42 U.S.C. 1320a-7b, or any other governmental payment, procurement or non-procurement program; or (e) included on the HHS/OIG List of Excluded Individuals/Entities, the General Services Administration's List of Parties Excluded from Federal Programs, or the FDA Debarment List.
