Not Excluded Sample Clauses

Not Excluded. The Design Professional warrants that neither Design Professional, nor, to the best of Design Professional’s knowledge, Design Professional Personnel, is excluded from participating in the Medicare or Medicaid program nor currently debarred or suspended or listed on the General Services Administration’s (“GSA”) List of Parties Excluded from Federal Procurement or Non-procurement Programs in accordance with Executive Orders 12549 and 12689, “Debarment and Suspension”. Design Professional will immediately notify the University if it becomes debarred or suspended during the term of this Agreement. Design Professional further represents that no adverse action by the federal government that will or may result in exclusions from a federal health care program has occurred or is pending or threatened against Design Professional or its affiliates, or to the best of its knowledge, against any Design Professional Personnel. Design Professional agrees that it will not perform any act that will cause Design Professional to be excluded from a federal health care program or debarred, suspended or listed in the GSA’s List of Parties Excluded from Federal Procurement or Non-procurement Programs during the term of this Agreement.
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Not Excluded. Supplier warrants that neither Supplier, nor, to the best of Supplier’s knowledge, Supplier Personnel, is excluded from participating in the Medicare or Medicaid program nor currently debarred or suspended or listed on the General Services Administration’s (“GSA”) List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with Executive Orders 12549 and 12689, “Debarment and Suspension”. Supplier shall immediately notify the University if it becomes debarred or suspended during the term of this Agreement. Supplier further represents that no adverse action by the federal government that will or may result in exclusions from a federal health care program has occurred or is pending or threatened against Supplier or its affiliates, or to the best of its knowledge, against any Supplier Personnel. Supplier agrees that it shall not perform any act that shall cause Supplier to be excluded from a federal health care program or debarred, suspended or listed in the GSA’s List of Parties Excluded from Federal Procurement or Nonprocurement Programs during the term of this Agreement.
Sample 1
Not Excluded. Nothing in the Agreement limits or excludes a party's liability for: (i) death or personal injury caused by its negligence, (ii) fraud or fraudulent misrepresentation; (iii) any willful abandonment of the Agreement; (iv) (in the case of the Customer) payment of any fees or other amounts due to Quinyx pursuant to the Agreement; or (v) any other liability which cannot be limited or excluded by applicable law. The limitations of liability set forth in this Section 8 shall not limit Customer’s obligation to pay any fees due and owing under this Agreement.
Sample 1
Not Excluded. University warrants that neither University, nor, to the best of University’s knowledge, University Personnel and/or any of its Principals, is excluded from participating in the Medicare or Medicaid program nor currently debarred, suspended, proposed for debarment, declared ineligible for the award of contracts by any U.S. Federal Agency or listed in the U.S. Government System for Award Management (“XXX”). University shall immediately notify Participant if it or University Personnel and/or any of its Principals becomes debarred or suspended during the term of this Agreement. University further represents that no adverse action by the federal government that will or may result in exclusions from a federal health care program has occurred or is pending or threatened against University or its affiliates, or to its reasonable knowledge, against any University Personnel. University agrees that it shall not perform any act that shall cause University to be excluded from a federal health care program or debarred, suspended or listed in the XXX as excluded from participating in federal procurement or nonprocurement programs during the term of this Agreement.
Sample 1
Not Excluded. Each party represents and warrants that (a) neither it nor any employee, contractor or agent engaged to provide items or Services under this Agreement is excluded 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; (b) no final adverse action, as such term is defined under 42 U.S.C. 1320(a)-7, has occurred or is pending or threatened against the party or, to its knowledge, against any employee, contractor or agent engaged to provide items or Services under this Agreement; and (c) neither party nor, to its knowledge, any employee, contractor or agent engaged to provide items or Services under this Agreement, is under investigation by any federal or state governmental agency in connection with any medical items or services furnished or xxxxxxxx submitted to any federal health care program (collectively “Exclusions/Adverse Actions”). During the Term of this Agreement, each party agrees to notify the other party in writing of any Exclusions/Adverse Action within ten (10) days of learning of any such Exclusions/Adverse Action and provide the basis of the Exclusions/Adverse Action.
Sample 1
Not Excluded. Each Party represents and warrants that (a) neither it nor any employee, contractor or agent engaged to provide Programs under this Agreement is excluded from participation under any federal health care program; (b) no final adverse action, as such term is defined under 42 U.S.C. § 1320(a)-7, has occurred or is pending or threatened against the Party or, to its knowledge, against any employee, contractor or agent engaged to provide Programs under this Agreement; and (c) neither Party nor, to its knowledge, any employee, contractor or agent engaged to provide Programs under this Agreement, is under investigation by any federal or state governmental agency in connection with any medical items or services furnished or xxxxxxxx submitted to any federal health care program (collectively “Exclusions/Adverse Actions”). During the Term of this Agreement, each Party agrees to notify the other party in writing of any Exclusions/Adverse Action within ten (10) days of learning of any such Exclusions/Adverse Action and provide the basis of the Exclusions/Adverse Action.
Sample 1
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Related to Not Excluded

  • Not Exclusive Nothing herein shall be construed as prohibiting you or your affiliates from acting as an underwriter or financial adviser or in any other capacity for any other persons (including other registered investment companies or other investment managers).

  • Rights Not Exclusive The rights provided for in this Agreement and the other Loan Documents are cumulative and are not exclusive of any other rights, powers, privileges or remedies provided by law or in equity, or under any other instrument, document or agreement now existing or hereafter arising.

  • Services Not Exclusive Nothing in this Agreement shall limit or restrict USBFS from providing services to other parties that are similar or identical to some or all of the services provided hereunder.

  • Agreement Not Exclusive The City retains the right to hire other professionals, contractors and service providers for this or other matters, in the City’s sole discretion.

  • Contract Rights Not Exclusive The rights to payment of Indemnifiable Amounts and advancement of Indemnifiable Expenses provided by this Agreement shall be in addition to, but not exclusive of, any other rights which Indemnitee may have at any time under applicable law, the Company’s Certificate of Incorporation or By-laws, or any other agreement, vote of stockholders or directors (or a committee of directors), or otherwise, both as to action in Indemnitee’s official capacity and as to action in any other capacity as a result of Indemnitee’s serving as a director or officer of the Company.

  • Indemnification Not Exclusive, etc The right of indemnification provided by this Article 8 shall not be exclusive of or affect any other rights to which any such Covered Person or shareholder may be entitled. As used in this Article 8, a "disinterested" Person is one against whom none of the actions, suits or other proceedings in question, and no other action, suit or other proceeding on the same or similar grounds is then or has been pending or threatened. Nothing contained in this Article 8 shall affect any rights to indemnification to which personnel of the Trust, other than Trustees and officers, and other Persons may be entitled by contract or otherwise under law, nor the power of the Trust to purchase and maintain liability insurance on behalf of any such Person.

  • Indemnification Not Exclusive The right of indemnification hereby provided shall not be exclusive of or affect any other rights to which any such Covered Person may be entitled. As used in this Article 10, the term "Covered Person" shall include such person's heirs, executors and administrators, and a "disinterested person" is a person against whom none of the actions, suits or other proceedings in question or another action, suit, or other proceeding on the same or similar grounds is then or has been pending. Nothing contained in this Article shall affect any rights to indemnification to which personnel of the Trust, other than Trustees and officers, and other persons may be entitled by contract or otherwise under law, nor the power of the Trust to purchase and maintain liability insurance on behalf of such person.

  • INCOME NOT EXPRESSLY MENTIONED Items of income of a resident of a Contracting State which are not expressly mentioned in the foregoing Articles of this Agreement shall be taxable only in that Contracting State except that if such income is derived from sources in the other Contracting State, it may also be taxed in that other State.

  • Breach excludes 11 1) Any unintentional acquisition, access, or use of PHI by a workforce member or 12 person acting under the authority of CONTRACTOR or COUNTY, if such acquisition, access, or use 13 was made in good faith and within the scope of authority and does not result in further use or disclosure 14 in a manner not permitted under the Privacy Rule. 15 2) Any inadvertent disclosure by a person who is authorized to access PHI at 16 CONTRACTOR to another person authorized to access PHI at the CONTRACTOR, or organized health 17 care arrangement in which COUNTY participates, and the information received as a result of such 18 disclosure is not further used or disclosed in a manner not permitted under the HIPAA Privacy Rule. 19 3) A disclosure of PHI where CONTRACTOR or COUNTY has a good faith belief 20 that an unauthorized person to whom the disclosure was made would not reasonably have been able to 21 retain such information.

  • Indemnification Hereunder Not Exclusive The indemnification provided by this Agreement shall not be deemed to be exclusive of any other rights to which the Indemnitee may be entitled under the Company’s Articles, any agreement, vote of shareholders or vote of Disinterested Directors, provisions of applicable law, or otherwise, both as to action or omission in the Indemnitee’s official capacity and as to action or omission in another capacity on behalf of the Company while holding such office.

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