Common use of Notice of Material Breach and Intent to Exclude Clause in Contracts

Notice of Material Breach and Intent to Exclude. The parties agree that a material breach of this CIA by Good Shepherd constitutes an independent basis for Good Shepherd’s exclusion from participation in the Federal health care programs. The length of the exclusion shall be in the OIG’s discretion, but not more than five years per material breach. Upon a determination by OIG that Good Shepherd has materially breached this CIA and that exclusion is the appropriate remedy, OIG shall notify Good Shepherd of: (a) Good Shepherd’s material breach; and (b) OIG’s intent to exercise its contractual right to impose exclusion. (This notification shall be referred to as the “Notice of Material Breach and Intent to Exclude.”)