Representations of Provider. Provider represents and warrants that, except as previously disclosed in writing to Purdue, the following are true with respect to each Provider (if applicable):
A. Provider’s license or certification in any state has never been suspended, revoked, restricted, or deemed to be probationary;
B. Provider has never been reprimanded, sanctioned, or disciplined by any licensing or accrediting board;
C. There has never been entered against Provider a final judgment in a professional liability action and no action, based on an allegation of professional liability or malpractice by the Provider has ever been settled by payment to the plaintiff;
D. Provider has never been denied membership or reappointment of membership on the medical staff of any hospital, and no clinical privileges of the Provider have ever been suspended, curtailed, or revoked; and
E. As of the date hereof, Provider has not been the subject of any report or disclosure submitted to the National Practitioner Data Bank.
Representations of Provider. Provider states that:
0.0. Xx has sufficient resources, employees, facilities, and available tasks to provide the internships contemplated by this agreement;
0.0. Xx is an equal opportunity employer and does not discriminate in hiring or other employment decisions on any basis forbidden by law (including sex, age, race, color, national origin, religion, or disability); and
0.0. Xx maintains and enforces policies prohibiting workplace sexual harassment (and other forms of harassment prohibited by law), and that it promptly responds to and investigates all complaints received under these policies.
Representations of Provider. Provider represents and warrants to Exodus that (i) Provider is organized, validly existing and in good standing under the laws of ______________, with all requisite corporate power and authority to enter into this Agreement and conduct its business as it is now being conducted, (ii) the names and titles of the directors, executive officers, and stockholders that own at least 10% of shares of voting stock of Provider, as of the date of this Agreement, are attached as Appendix 2; (iii) Provider is not identified on any of the OFAC Lists; (iv) no director, officer, employee, or holder of equity or debt securities of Provider is identified on, or is 50% or more owned, directly or indirectly, by any party that is identified on any of the OFAC Lists, (v) Provider will comply with all applicable sanctions and export control laws and will not provide the Services under this Agreement to any parties that, at the time such Services are provided, are (A) located or resident in any country or territory that is subject to a U.S. trade embargo or other applicable sanctions prohibiting such services, including but not limited to, the Crimea region of Ukraine, Cuba, Iran, North Korea, and Syria or (B) identified on any of the OFAC Lists or other applicable sanctions list prohibiting such services; (vi) Provider has implemented sanctions compliance procedures reasonably designed to ensure compliance with OFAC sanctions regulations and other applicable sanctions laws; (vii) Provider has all licenses, franchises, permits and other governmental authorizations that are legally required to enable it to conduct its business as presently conducted in all material respects; and (viii) a copy of the Articles of Incorporation of Provider, as currently in full force and effect, is attached as Appendix 4.
Representations of Provider. Provider represents and warrants that it:
a. is Board Certified in Ophthalmology;
b. possesses an active license to practice medicine from the State of Nevada which is in good standing;
c. has an active and unrestricted license to prescribe controlled substances with the Drug Enforcement Agency and a Nevada Board of Pharmacy registration;
d. is not and/or has never been subject to any agreement or understanding, written or oral, that he or she will not engage in the practice of medicine, either temporarily or permanently;
e. has never been denied membership or reappointment to the medical staff of any hospital or healthcare facility;
f. holds an active business license with Xxxxx County and is currently in good standing with the Nevada Secretary of State and Department of Taxation (as applicable);
g. has never been excluded or suspended from participation in, or sanctioned by, a federal or state health care program;
h. has never been convicted of a felony or misdemeanor involving fraud, dishonesty, moral turpitude, controlled substances or any crime related to the provision of medical services;
i. at all times will comply with all applicable laws and regulations in the performance of the Services; and
j. will comply with the Standards of Performance, attached hereto as Exhibit B and incorporated by reference.
Representations of Provider. Provider states that:
4.1. It has sufficient resources, employees, facilities, and available tasks to provide the internships contemplated by this Agreement;
4.2. It is an equal opportunity employer and does not discriminate in hiring or other employment decisions/practices on any basis prohibited by law (including sex, age, race, color, national origin, religion, or disability); and
4.3. It maintains and enforces policies prohibiting workplace sexual harassment (and other forms of harassment prohibited by law), and that it promptly responds to and investigates all complaints received under these policies.
Representations of Provider. (1) Provider recognizes that participation in the Plan is dependent upon Providers license to do business in the State in which he/she practices, professional competence, ethical standards, and willingness to participate and adhere to the highest standard of professional service.
(2) APP shall not be held responsible or liable for negligence or malpractice on the part of Provider or any of Providers employees.
(3) Provider agrees that for a period of thirty-six (36) months from and after the termination of this Agreement, Provider will not directly or indirectly organize or offer to APP Providers or similar Providers, a Plan similar to that of APP.
(4) Provider agrees to adhere to this Participation Agreement for the duration of this contract.
(5) Provider agrees to continue to treat Member for the duration of Members membership after termination of this agreement.
Representations of Provider. (a) PROVIDER warrants that it has the authority to contract on behalf of its Participating Providers and to bind them to all of the terms and provisions of this Agreement. PROVIDER shall notify Participating Providers of their rights and duties under this Agreement and of all amendments and modifications thereto.
(b) PROVIDER shall provide HNI, upon request, with its written applicable policies and procedures and its bylaws and articles of incorporation and any modifications thereto.
(c) PROVIDER represents that the terms of this Agreement do not conflict with the terms of its agreements with Participating Providers. PROVIDER further represents that the terms of this Agreement shall apply in any situation where there is an inconsistency or conflict with the terms of any agreement between the Participating Provider and PROVIDER or with respect to any matter which is not addressed in any such agreement between the Participating Provider and PROVIDER. PROVIDER shall be responsible to HNI for any such inconsistency or conflict in terms. This provision shall supersede any similar provision in any agreement between PROVIDER and a Participating Provider.
Representations of Provider. (a) Provider warrants that it has the authority to contract and to be bound to all of the terms and provisions of this Agreement. Provider further warrants that it has the authority to contract on behalf of its Practitioners and to bind them to all of the terms and provisions of the Agreement. Provider will notify Practitioners of their rights and duties under this Agreement and of all amendments and modifications thereto.
(b) Provider represents that the terms of this Agreement do not conflict with the terms of its agreements with Practitioners; nonetheless, Provider represents that the terms of this Agreement shall apply in any situation where there is an inconsistency or conflict with the terms of any agreement between the Practitioner and Provider or with respect to any matter which is not addressed in any such agreement between the Practitioner and Provider, and that Provider shall be responsible to CHP for any such inconsistency or conflict in terms. Provider will notify CHP of any of Provider’s Practitioners not participating under this Agreement. This provision shall supersede any similar provision in any agreement between Provider and a Practitioner.
(c) Provider shall provide CHP with a list of the Practitioner names, practice locations, federal tax identification numbers, practice license numbers, Medicare and Medicaid certification number, professional practice name, specialty areas, and the business hours of all physicians and allied health professionals that contract with Provider in Appendix I of this Agreement.
i. If more than one such Provider uses the same federal tax identification number, the professional practice name registered with that number shall be included.
ii. Provider shall provide CHP with at least a quarterly list of additions, deletions, and address changes to the list of Practitioners and a complete list annually. Nothing herein shall prohibit or restrict Provider from seeking to include additional physicians and other providers of health care as Practitioners under this Agreement; however, CHP reserves the right to decline or terminate any Practitioner’s participation privileges under this Agreement.
iii. The initial list of Providers is to be included in Appendix I of this Agreement and any additions or deletions shall be by written notification to CHP.
(d) Provider shall immediately notify CHP whenever a Practitioner fails to renew his or her agreement with Provider, whenever Provider has reason to believe a Practitione...
Representations of Provider. Provider hereby represents and warrants to Solstice that: (i) this Agreement constitutes the legal, valid and binding obligation of Provider, enforceable against Provider in accordance with its terms; (ii) the execution, delivery and performance of this Agreement has been duly authorized by all required action of Provider, and (iii) such execution, delivery and performance does not violate any provisions of the organizational documents of Provider, any agreement to which Provider is a party, or any Laws applicable to Provider. Provider warrants and represents that Provider is licensed to provide vision care services in the state(s) where Covered Services are to be provided pursuant to this Agreement; has a current Drug Enforcement Agency certificate, where required by Law; and has the resources, staff, equipment and facilities to provide the services required under this Agreement.
Representations of Provider. Provider represents and warrants to Company as follows:
(i) The person signing this Agreement on behalf of Provider has the power and authority to execute this Agreement and to carry out the transactions contemplated herein;
(ii) The execution, delivery and performance of this Agreement and the consummation of the transactions contemplated herein have been duly authorized by the requisite action on the part of Provider;
(iii) Prior to executing this Agreement, any Order or any Modification, Provider shall have reviewed and negotiated the various time limits or periods set forth in this Agreement and such Order or Modification. Provider’s execution of this Agreement, such Order or Modification shall constitute Provider’s representation and warranty that Provider is capable of and will perform its obligations hereunder or thereunder within such time limits and periods;
(iv) Provider possesses a high level of expertise in the business, administration, management and supervision required to undertake its obligations contemplated hereunder and is fully and properly licensed, qualified, experienced, equipped, organized and financed to perform hereunder;
(v) To the extent its obligations hereunder are impacted by conditions at a site owned or operated by Company, including without limitation seasonal weather and climate conditions, ongoing and/or adjacent operations, and the availability and cost of materials, labor, utilities and site access, Provider shall have familiarized itself with respect to such site conditions and shall have reflected such conditions in its pricing, fees, schedule and other obligations hereunder;
(vi) The execution, delivery and performance of this Agreement and the consummation of the transactions contemplated herein do not and shall not constitute (i) a breach, conflict with or default under any other agreement, whether written or oral, by which Provider or any of its material assets are bound; or (ii) an event that would, with notice or lapse of time, or both, constitute such a breach, conflict or default;
(vii) Provider is financially solvent, able to pay its debts as they mature, and possesses sufficient working capital to complete its obligations hereunder; and
(viii) Each Deliverable or material or any part thereof, and the sale, distribution or the use thereof, do not and will not infringe any patent, copyright, trade secret or other proprietary right of any third party.
