Common use of Stipulated Penalties Review Clause in Contracts

Stipulated Penalties Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for Stipulated Penalties under this CIA shall be: (a) whether J&J and/or the J&J Pharmaceutical Affiliate(s) were in full and timely compliance with the obligations of this CIA for which OIG demands payment; and (b) the period of noncompliance. J&J and/or the J&J Pharmaceutical Affiliate(s) shall have the burden of proving their full and timely compliance and the steps taken to cure the noncompliance, if any. OIG shall not have the right to appeal to the DAB an adverse ALJ decision related to Stipulated Penalties. If the ALJ agrees with OIG with regard to a finding of a breach of this CIA and orders J&J to pay Stipulated Penalties, such Stipulated Penalties shall become due and payable 20 days after the ALJ issues such a decision unless J&J and/or the J&J Pharmaceutical Affiliate(s) requests review of the ALJ decision by the DAB. If the ALJ decision is properly appealed to the DAB and the DAB upholds the determination of OIG, the Stipulated Penalties shall become due and payable 20 days after the DAB issues its decision.

Stipulated Penalties Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for Stipulated Penalties under this CIA shall be: (a) whether J&J the U.S. Healthcare Parties and/or the J&J Pharmaceutical Affiliate(s) Xxxxx Entities were in full and timely compliance with the obligations of this CIA for which OIG demands payment; and (b) the period of noncompliance. J&J The U.S. Healthcare Parties and/or the J&J Pharmaceutical Affiliate(s) Xxxxx Entities shall have the burden of proving their full and timely compliance and the steps taken to cure the noncompliance, if any. OIG shall not have the right to appeal to the DAB an adverse ALJ decision related to Stipulated Penalties. If the ALJ agrees with OIG with regard to a finding of a breach of this CIA and orders J&J the U.S. Healthcare Parties and/or the Xxxxx Entities to pay Stipulated Penalties, such Stipulated Penalties shall become due and payable 20 days after the ALJ issues such a decision unless J&J the U.S. Healthcare Parties and/or the J&J Pharmaceutical Affiliate(s) requests Xxxxx Entities request review of the ALJ decision by the DAB. If the ALJ decision is properly appealed to the DAB and the DAB upholds the determination of OIG, the Stipulated Penalties shall become due and payable 20 days after the DAB issues its decision.

Stipulated Penalties Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for Stipulated Penalties under this CIA shall be: (a) whether J&J and/or the J&J Pharmaceutical Affiliate(s) APM, Park Center, and Xxxxxx were in full and timely compliance with the obligations of this this‌ CIA for which OIG demands payment; and (b) the period of noncompliance. J&J and/or the J&J Pharmaceutical Affiliate(s) APM, Park Center, and Xxxxxx shall have the burden of proving their full and timely compliance and the steps taken to cure the noncompliance, if any. OIG shall not have the right to appeal to the DAB an adverse ALJ decision related to Stipulated Penalties. If the ALJ agrees with OIG with regard to a finding of a breach of this CIA and orders J&J APM, Park Center, and Xxxxxx to pay Stipulated Penalties, such Stipulated Penalties shall become due and payable 20 days after the ALJ issues such a decision unless J&J and/or the J&J Pharmaceutical Affiliate(s) APM, Park Center, and Xxxxxx requests review of the ALJ decision by the DAB. If the ALJ decision is properly appealed to the DAB and the DAB upholds the determination of OIG, the Stipulated Penalties shall become due and payable 20 days after the DAB issues its decision.