Common use of REPRESENTATIONS AND WARRANTIES OF FELLOW Clause in Contracts

REPRESENTATIONS AND WARRANTIES OF FELLOW. The parties enter into this Agreement in reliance on the following representations and warranties being true and accurate as of the Effective Date of this Agreement and remaining so at all times during the Term of this Agreement. The Fellow hereby represents and warrants the following: 1. The Fellow is not excluded from a federal program as of the Effective Date of this Agreement and no adverse action by the federal government that will or may result in exclusion from a federal health care program has occurred or is pending or threatened against the Fellow. The Fellow agrees that he/she will not perform any act that shall cause him/her to be excluded from a federal health care program during the Term of this Agreement. 2. The Fellow has never been reprimanded, sanctioned or disciplined by any licensing board of any state, medical society, specialty board, medical staff, house staff or any healthcare facility and no such action is pending. 3. The Fellow is not subject to any disciplinary order, sanction or decree of any federal or state governmental agency having jurisdiction over the practice of medicine. 4. The Fellow has never resigned from the medical staff of any hospital in lieu of discipline or termination, or been denied membership or reappointment from the medical staff of any hospital; has never had hospital medical staff membership or clinical privileges suspended, curtailed, denied, reduced or revoked; and no such action is pending. 5. The Fellow is not now, nor has ever been, a defendant in a professional negligence lawsuit other than as fully disclosed in writing to Program. The Fellow will immediately disclose to the Program Director the details of any medical negligence lawsuit which is commenced against him/her, as well as any facts which reasonably might give rise to any other legal action against Hospital or School.

REPRESENTATIONS AND WARRANTIES OF FELLOW. The parties enter into this Agreement in reliance on the following representations and warranties being true and accurate as of the Effective Date of this Agreement and remaining so at all times during the Term of this Agreement. The Fellow hereby represents and warrants the following: 1. The Fellow is not excluded from a federal program as of the Effective Date of this Agreement and no adverse action by the federal government that will or may result in exclusion from a federal health care program has occurred or is pending or threatened against the Fellow. The Fellow agrees that he/she will not perform any act that shall cause him/her to be excluded from a federal health care program during the Term of this Agreement. 2. The Fellow has never been reprimanded, sanctioned or disciplined by any licensing board of any state, medical society, specialty board, medical staff, house staff or any healthcare facility and no such action is pending. 3. The Fellow is not subject to any disciplinary order, sanction or decree of any federal or state governmental agency having jurisdiction over the practice of medicine. 4. The Fellow has never resigned from the medical staff of any hospital in lieu of discipline or termination, or been denied membership or reappointment from the medical staff of any hospital; has never had hospital medical staff membership or clinical privileges suspended, curtailed, denied, reduced or revoked; and no such action is pending. 5. The Fellow is not now, nor has ever been, a defendant in a professional negligence lawsuit other than as fully disclosed in writing to Program. The Fellow will immediately disclose to the Program Director the details of any medical negligence lawsuit which is commenced against him/her, as well as any facts which reasonably might give rise to any other legal action against Hospital or School. 6. UTSW and Fellow acknowledge that the Hospital has provided them with the Hospital’s Code of Ethical Conduct and other Program Policies and Procedures related to the Hospital’s Compliance Programs including but not limited to the False Claims Act (“FCA”), 31 U.S.C. §§ 3729- 3733. The FCA imposes civil liability on any person or entity that knowingly submits, or causes to be submitted, a false or fraudulent claim for payment to the U.S. government. The FCA also prohibits knowingly making or using (or causing to be made or used) false records or statements in order to get a false or fraudulent claim paid by the federal government. UTSW and Fellow understand that under the FCA, those who knowingly submit, or cause another person or entity to submit, false claims for payment of government funds are liable for three times the government's damages plus civil penalties of $5,500 to $11,000 per false claim. Other possible enforcement actions include suspension of payment, referral to the Office of Inspector General for potential exclusion from the program, or disenrollment.

REPRESENTATIONS AND WARRANTIES OF FELLOW. The parties enter into this Agreement in reliance on the following representations and warranties being true and accurate as of the Effective Date of this Agreement and remaining so at all times during the Term of this Agreement. The Fellow hereby represents and warrants the following: 1. The Fellow is not excluded from a any federal program as of the Effective Date of this Agreement and no adverse action by the federal government that will or may result in exclusion from a federal health care program has occurred or is pending or threatened against the Fellow. The Fellow agrees that he/she they will not perform any act that shall could cause him/her them to be excluded from a any federal health care program during the Term of this Agreement. 2. The Fellow has never been reprimanded, sanctioned or disciplined by any licensing board of any state, medical society, specialty board, medical staff, house staff or any healthcare facility and no such action is pending. 3. The Fellow is not subject to any disciplinary order, sanction or decree of any federal or state governmental agency having jurisdiction over the practice of medicine. 4. The Fellow has never resigned from the medical staff of any hospital in lieu of discipline or termination, or been denied membership in or reappointment from to the medical staff of any hospital; has never had hospital medical staff membership or clinical privileges suspended, curtailed, denied, reduced or revoked; and no such action is pending. 5. The Fellow is not now, nor has ever been, named as a defendant in a professional negligence lawsuit other than as fully disclosed in writing to Programthe Fellowship. The Fellow will immediately disclose to the Program Director the details of any medical negligence lawsuit which is commenced against him/herinvolving the Fellow, as well as including any facts which reasonably might give rise to any other legal action against Hospital the Fellow or SchoolUTSW 6. UTSW and Fellow acknowledge that UTSW has provided the Fellow with the applicable Code of Ethical Conduct and other Policies and Procedures related to the Hospital’s Compliance Programs including but not limited to the False Claims Act (“FCA”), 31 U.S.C. §§ 3729-3733. The FCA imposes civil liability on any person or entity that knowingly submits, or causes to be submitted, a false or fraudulent claim for payment to the U.S. government. The FCA also prohibits knowingly making or using (or causing to be made or used) false records or statements in order to get a false or fraudulent claim paid by the federal government. UTSW and Fellow understand that under the FCA, those who knowingly submit, or cause another person or entity to submit, false claims for payment of government funds can result in an enforcement action which could include civil penalties, suspension of payment, referral to the Office of Inspector General for potential exclusion from the program, and disenrollment.

REPRESENTATIONS AND WARRANTIES OF FELLOW. The parties enter into this Agreement in reliance on the following representations and warranties being true and accurate as of the Effective Date of this Agreement and remaining so at all times during the Term of this Agreement. The Fellow hereby represents and warrants the following: 1. The Fellow is not excluded from a federal program as of the Effective Date of this Agreement and no adverse action by the federal government that will or may result in exclusion from a federal health care program has occurred or is pending or threatened against the Fellow. The Fellow agrees that he/she will not perform any act that shall cause him/her to be excluded from a federal health care program during the Term of this Agreement. 2. The Fellow has never been reprimanded, sanctioned or disciplined by any licensing board of any state, medical society, specialty board, medical staff, house staff or any healthcare facility and no such action is pending. 3. The Fellow is not subject to any disciplinary order, sanction or decree of any federal or state governmental agency having jurisdiction over the practice of medicine. 4. The Fellow has never resigned from the medical staff of any hospital in lieu of discipline or termination, or been denied membership or reappointment from the medical staff of any hospital; has never had hospital medical staff membership or clinical privileges suspended, curtailed, denied, reduced or revoked; and no such action is pending. 5. The Fellow is not now, nor has ever been, a defendant in a professional negligence lawsuit other than as fully disclosed in writing to Program. The Fellow will immediately disclose to the Program Director the details of any medical negligence lawsuit which is commenced against him/her, as well as any facts which reasonably might give rise to any other legal action against Hospital or School. 6. UTSW and Fellow acknowledge that the Hospital has provided them with the Hospital’s Code of Ethical Conduct and other Program Policies and Procedures related to the Hospital’s Compliance Programs including but not limited to the False Claims Act (“FCA”), 31 U.S.C. §§ 3729-3733. The FCA imposes civil liability on any person or entity that knowingly submits, or causes to be submitted, a false or fraudulent claim for payment to the U.S. government. The FCA also prohibits knowingly making or using (or causing to be made or used) false records or statements in order to get a false or fraudulent claim paid by the federal government. UTSW and Fellow understand that under the FCA, those who knowingly submit, or cause another person or entity to submit, false claims for payment of government funds are liable for three times the government's damages plus civil penalties of $5,500 to $11,000 per false claim. Other possible enforcement actions include suspension of payment, referral to the Office of Inspector General for potential exclusion from the program, or disenrollment.