Treatment of Unallowable Costs Previously Submitted for Payment. Defendants further agree that within 90 days of the Effective Date of this Agreement they shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants or any of their subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree that the United States, at a minimum, shall be entitled to recoup from Defendants any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants or any of their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraph) on Defendants or any of their subsidiaries or affiliates’ cost reports, cost statements, or information reports.
Treatment of Unallowable Costs Previously Submitted for Payment. Within 90 days of the Effective Date of this Agreement, Defendants shall identify and repay by adjustment to future claims for payment or otherwise any Unallowable Costs included in payments previously sought by Defendants or any of its subsidiaries or affiliates from the United States. Defendants agree that the United States, at a minimum, shall be entitled to recoup from Defendants any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted requests for payment. The United States, including the Department of Justice and/or the affected agencies, reserves its rights to audit, examine, or re-examine Defendants’ books and records and to disagree with any calculations submitted by Defendants or any of its subsidiaries or affiliates regarding any Unallowable Costs included in payments previously sought by Defendants, or the effect of any such Unallowable Costs on the amount of such payments.
Treatment of Unallowable Costs Previously Submitted for Payment. Within 90 days of the Effective Date of this Agreement, Xxxxxxxxx shall identify and repay by adjustment to future claims for payment or otherwise any Unallowable Costs included in payments previously sought by Xxxxxxxxx or any of its subsidiaries or affiliates from the United States. Xxxxxxxxx agrees that the United States, at a minimum, shall be entitled to recoup from Xxxxxxxxx any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted requests for payment. The United States, including the Department of Justice and/or the affected agencies, reserves its rights to audit, examine, or re-examine Xxxxxxxxx’x books and records and to disagree with any calculations submitted by Xxxxxxxxx or any of its subsidiaries or affiliates regarding any Unallowable Costs included in payments previously sought by Xxxxxxxxx, or the effect of any such Unallowable Costs on the amount of such payments.
Treatment of Unallowable Costs Previously Submitted for Payment. Defendants further agree that within 90 days of the Effective Date of this Agreement it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants or any of their subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree that the United States, at a minimum, shall be entitled to recoup from Defendants any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously submitted cost reports, information reports, cost statements, or requests for payment.
Treatment of Unallowable Costs Previously Submitted for Payment. Within 90 days of the Effective Date of this Agreement, 3M shall identify and repay by adjustment to future claims for payment or otherwise any Unallowable Costs included in payments previously sought by 3M or any of its subsidiaries or affiliates from the United States. 3M agrees that the United States, at a minimum, shall be entitled to recoup from 3M any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted requests for payment. The United States, including the Department of Justice and/or the affected agencies, reserves its rights to audit, examine, or re-examine 3M’s books and records and to disagree with any calculations submitted by 3M or any of its subsidiaries or affiliates regarding any Unallowable Costs included in payments previously sought by 3M, or the effect of any such Unallowable Costs on the amount of such payments.
Treatment of Unallowable Costs Previously Submitted for Payment. Majestic Oaks further agrees that within 90 days of the effective date of this Agreement, it will identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid, VA and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid Program that have affected its reimbursement from any federal program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Majestic Oaks or any of its subsidiaries, and will request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the unallowable costs. Majestic Oaks agrees that the United States, at a minimum, will be entitled to recoup from Majestic Oaks any overpayment plus applicable interest as a result of the inclusion of such –16– Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or request for payment. Any payment due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice, and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Majestic Oaks or any of its subsidiaries on the effect of inclusion of unallowable costs (as defined in this Paragraph) on Majestic Oaks or any of its subsidiaries’ cost reports, cost statements, or information reports. Notwithstanding the foregoing, Majestic Oaks shall not be required to resubmit or amend any previously filed cost report simply because it reflects Unallowable Costs, provided that the reporting of such Unallowable Costs do not directly or indirectly impact reimbursement due in connection with any federal program (for example consulting fees which might comprise Unallowable Costs which are over and above a regulatory ceiling and therefore not subject to being reimbursement even if reported). Nothing in this Agreement shall constitute a waiver of the rights of the United States to examine or reexamine the unallowable costs described in this Paragraph.
Treatment of Unallowable Costs Previously Submitted for Payment. St. Jude Medical further agrees that within 90 days of the Effective Date of this Agreement it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by St. Jude Medical or any of its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. St. Jude Medical agrees that the United States, at a minimum, shall be entitled to recoup from St. Jude Medical any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously- submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by St. Jude Medical or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraph) on St. Jude Medical or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.
Treatment of Unallowable Costs Previously Submitted for Payment. Within 90 days of the Effective Date of this Agreement, PHH shall identify and repay by adjustment to future claims for payment or otherwise any Unallowable Costs included in payments previously sought by PHH or any of its subsidiaries or affiliates from the United States. PHH agrees that the United States, at a minimum, shall be entitled to recoup from PHH any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted requests for payment. The United States, including the Department of Justice and/or the affected agencies, reserves its rights to audit, examine, or re-examine PHH’s books and records and to disagree with any calculations submitted by PHH or any of its subsidiaries or affiliates regarding any Unallowable Costs included in payments previously sought by PHH, or the effect of any such Unallowable Costs on the amount of such payments.
Treatment of Unallowable Costs Previously Submitted for Payment. Within 90 days of the Effective Date of this Agreement, Crane shall identify and repay by adjustment to future claims for payment or otherwise any Unallowable Costs included in payments previously sought by Crane or any of its subsidiaries or affiliates from the United States. Xxxxx agrees that the United States, at a minimum, shall be entitled to recoup from Crane any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted requests for payment. The United States, including the Department of Justice and/or the affected agencies, reserves its rights to audit, examine, or re-examine Xxxxx’x books and records and to disagree with any calculations submitted by Crane or any of its subsidiaries or affiliates regarding any Unallowable Costs included in payments previously sought by Crane, or the effect of any such Unallowable Costs on the amount of such payments.
Treatment of Unallowable Costs Previously Submitted for Payment. Within 90 days of the Effective Date of this Agreement, Xxxxxxxxx Electric shall identify and repay by adjustment to future claims for payment or otherwise any Unallowable Costs included in payments previously sought by Xxxxxxxxx Electric or any of its subsidiaries or affiliates from the United States. Xxxxxxxxx Electric agrees that the United States, at a minimum, shall be entitled to recoup from Xxxxxxxxx Electric any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted requests for payment. The United States, including the Department of Justice and/or the affected agencies, reserves its rights to audit, examine, or re-examine Xxxxxxxxx Electric’s books and records and to disagree with any calculations submitted by Xxxxxxxxx Electric or any of its subsidiaries or affiliates regarding any Unallowable Costs included in payments previously sought by Xxxxxxxxx Electric, or the effect of any such Unallowable Costs on the amount of such payments.
