Common use of Treatment of Unallowable Costs Previously Submitted for Payment Clause in Contracts

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt further agrees that within 120 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 Mallinckrodt 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. Mallinckrodt agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt 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 Mallinckrodt or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Defendants further agrees agree that within 120 90 days of the Effective Date of this Agreement it 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 Paragraphparagraph) 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 Mallinckrodt Defendants or any of its 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. Mallinckrodt agrees Defendants agree that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt 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 Mallinckrodt Defendants or any of its their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt Defendants or any of its their subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt The Debtors further agrees agree that within 120 90 days of the Effective Date of this Agreement it 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 Mallinckrodt the Debtors or any of its their current 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. Mallinckrodt agrees The Debtors agree that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt the Debtors 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 Mallinckrodt the Debtors or any of its their current subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt the Debtors or any of its their current subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Arthrex further agrees that within 120 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 Paragraphparagraph) 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 Mallinckrodt Arthrex 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. Mallinckrodt Arthrex agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Arthrex 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 Mallinckrodt Arthrex or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt Arthrex or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt UT further agrees that that, within 120 90 days of the Effective Date of this Agreement 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 Mallinckrodt UT 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 Costsunallowable costs. Mallinckrodt UT agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt UT 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 Mallinckrodt UT or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt UT or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt CHS further agrees that within 120 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 Mallinckrodt CHS 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. Mallinckrodt CHS agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt CHS 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 Mallinckrodt CHS or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt CHS or any of its subsidiaries or affiliates’ ' cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt The Prime Entity Defendants further agrees agree that within 120 90 days of the Effective Date of this Agreement it 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 Paragraphparagraph) 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 Mallinckrodt the Prime Entity Defendants, or any of its 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. Mallinckrodt agrees The Prime Entity Defendants agree that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt the Prime Entity 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 Mallinckrodt the Prime Entity Defendants or any of its their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt the Prime Entity Defendants’ or any of its their subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Endo further agrees that within 120 ninety (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 fiscal agents and FEHBP fiscal agentscarriers and/or contractors, any Unallowable Costs (as defined in this Paragraphparagraph) 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 Mallinckrodt Endo 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. Mallinckrodt Xxxx agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Endo 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 Mallinckrodt Endo or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt Endo or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Defendants further agrees agree that within 120 90 days of the Effective Date of this Agreement it 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 Mallinckrodt Defendants or any of its 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. Mallinckrodt agrees Defendants agree that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt 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 Mallinckrodt Defendants or any of its their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt Defendants or any of its their subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Pfizer further agrees that that, within 120 90 days of the Effective Date of this Agreement 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 Mallinckrodt Pfizer 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 Costsunallowable costs. Mallinckrodt Pfizer agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Pfizer 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 Mallinckrodt Pfizer or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt Pfizer or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Ultragenyx further agrees that within 120 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 Paragraphparagraph) 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 Mallinckrodt Ultragenyx 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. Mallinckrodt Ultragenyx agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Ultragenyx 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 Mallinckrodt Ultragenyx or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt Ultragenyx or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Dignity Health further agrees that within 120 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 Paragraphparagraph) 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 Mallinckrodt Dignity Health 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. Mallinckrodt Dignity Health agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Dignity Health 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 Mallinckrodt Dignity Health or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt Dignity Health or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt The Released Xxxxx Entities further agrees agree that within 120 90 days of the Effective Date of this Agreement it they shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid 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 programProgram, including, but not limited to, payments sought in any cost reportsreport, cost statements, information reports, or payment requests already submitted by Mallinckrodt or any of its subsidiaries or affiliatesthe Released Xxxxx Entities, and shall request, and agree, that such cost reports, cost statements, information reports, reports or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Mallinckrodt agrees The Released Xxxxx Entities agree that the United States, at a minimum, shall will be entitled to recoup from Mallinckrodt the Released Xxxxx Entities any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-previously submitted cost reports, information reports, cost statements, or requests for payment. If any Released Xxxxx Entity fails to identify such costs in past filed cost reports in conformity with this Paragraph, the United States may seek an appropriate penalty or other sanction in addition to the recouped amount. 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 Mallinckrodt or any of its subsidiaries or affiliates Released Xxxxx Entity, on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt or any of its subsidiaries or affiliates’ the cost reports, cost statementsstatement, or information reportsreports of the Released Xxxxx Entity.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt BCBS further agrees that within 120 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 Mallinckrodt BCBS 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 Costsunallowable costs. Mallinckrodt BCBS agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt BCBS 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 Mallinckrodt BCBS or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt BCBS or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Zyno Medical further agrees that within 120 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 Paragraphparagraph) 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 Mallinckrodt Zyno 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. Mallinckrodt Zyno Medical agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Zyno Medical any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-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 Mallinckrodt Zyno Medical or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt Zyno Medical or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Akorn further agrees that within 120 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 Paragraphparagraph) 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 Mallinckrodt Akorn 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. Mallinckrodt Akorn agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Akorn 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 Mallinckrodt Akorn or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt Akorn or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Elan further agrees that within 120 90 days of the Effective Date of this Agreement it shall shall, if applicable, 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 Mallinckrodt Elan 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. Mallinckrodt Elan agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Elan 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 Mallinckrodt Elan or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt Elan or any of its subsidiaries subsidiaries’ or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt NICA further agrees that within 120 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 Paragraphparagraph) 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 Mallinckrodt NICA 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. Mallinckrodt XXXX agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt NICA any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-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 Mallinckrodt NICA or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt NICA or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt The Defendants further agrees agree that within 120 90 days of the Effective Date of this Agreement it 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 Paragraphparagraph) 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 Mallinckrodt the Defendants or any of its 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. Mallinckrodt agrees The Defendants agree that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt the 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 Mallinckrodt the Defendants or any of its their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt the Defendants or any of its their subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt the Hospitals further agrees agree that within 120 90 days of the Effective Date of this Agreement it 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 Paragraphparagraph) 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 Mallinckrodt the Hospitals or any of its 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. Mallinckrodt agrees The Hospitals agree that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt the Hospitals 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 Mallinckrodt the Hospitals or any of its their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt the Hospitals or any of its their subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Defendants 12 further agrees agree that within 120 90 days of after the Effective Date of this Agreement it they shall identify to 13 applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and 14 FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraphparagraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, 17 payments sought in any cost reports, cost statements, information reports, or payment requests already 18 submitted by Mallinckrodt Defendants or any of its their subsidiaries or affiliates, and shall request, and agree, that such 19 cost reports, cost statements, information reports, or payment requests, even if already settled, be 20 adjusted to account for the effect of the inclusion of the Unallowable Costs. Mallinckrodt agrees Defendants agree that the 21 United States, at a minimum, shall be entitled to recoup from Mallinckrodt Defendants any overpayment plus 22 applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-previously- 24 submitted cost reports, information reports, cost statements, or requests for payment. 25 Any payments due after the adjustments have been made shall be paid to the United States 26 pursuant to the direction of the Department of Justice and/or the affected agencies. The United States 27 reserves its rights to disagree with any calculations submitted by Mallinckrodt Defendants or any of its subsidiaries 1 or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt 2 Defendants or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Condell further agrees that within 120 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 Mallinckrodt Condell 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 Costsunallowable costs. Mallinckrodt Condell agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Condell 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 Mallinckrodt Condell or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt Condell or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Biogen further agrees that within 120 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 Federal Employee Health Benefit Program fiscal agents, agents any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, States including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Mallinckrodt Biogen 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. Mallinckrodt Biogen agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Biogen 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 Mallinckrodt Biogen or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt Biogen or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Progenity further agrees that within 120 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 Mallinckrodt Progenity 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. Mallinckrodt Progenity agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Progenity 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 Mallinckrodt Progenity or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt Progenity or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt DePuy further agrees that within 120 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 Paragraphparagraph) 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 Mallinckrodt DePuy 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. Mallinckrodt DePuy agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt DePuy 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 Mallinckrodt DePuy or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt DePuy or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Wheeling Hospital further agrees that within 120 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 Mallinckrodt Wheeling Hospital 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. Mallinckrodt Wheeling Hospital agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Wheeling Hospital 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 Mallinckrodt Wheeling Hospital or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt Wheeling Hospital’s or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Interface further agrees that within 120 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 Paragraphparagraph) 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 Mallinckrodt Interface 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. Mallinckrodt Interface agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Interface 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 Mallinckrodt Interface or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt Interface or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt UCSD further agrees that within 120 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 Mallinckrodt UCSD 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 Costsunallowable costs. Mallinckrodt UCSD agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt UCSD 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 Mallinckrodt UCSD or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt UCSD or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Amerigroup further agrees that within 120 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 Mallinckrodt Amerigroup 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 Costsunallowable costs. Mallinckrodt Amerigroup agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Amerigroup 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 Mallinckrodt Amerigroup or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt Amerigroup or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt RB Group further agrees that within 120 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 Mallinckrodt RB Group or any of its current 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. Mallinckrodt RB Group agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt RB Group 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 Mallinckrodt RB Group or any of its current subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt RB Group or any of its current subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt the Arriva Defendants further agrees agree that within 120 90 days of the Effective Date of this Agreement it 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 Paragraphparagraph) 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 Mallinckrodt the Arriva Defendants or any of its 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. Mallinckrodt agrees The Arriva Defendants agree that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt the Arriva 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 Mallinckrodt the Arriva Defendants or any of its their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt the Arriva Defendants or any of its their subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt xxxxx further agrees that within 120 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 Paragraphparagraph) 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 Mallinckrodt kaléo 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. Mallinckrodt Xxxxx agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt kaléo 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 Mallinckrodt kaléo or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt kaléo’s or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Tuomey and Palmetto further agrees agree that within 120 90 days of the Effective Date of this Agreement it 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 Mallinckrodt Tuomey 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. Mallinckrodt agrees Tuomey and Palmetto, for itself and Buyer, agree that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt any of them 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 Mallinckrodt Tuomey, Buyer, or Palmetto, or any of its their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt Tuomey or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt kaléo further agrees that within 120 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 Paragraphparagraph) 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 Mallinckrodt kaléo 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. Mallinckrodt Kaléo agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt kaléo 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 Mallinckrodt kaléo or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt kaléo’s or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt The Released Parties further agrees agree that within 120 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 Mallinckrodt the Released Parties 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 Costsunallowable costs. Mallinckrodt agrees The Released Parties agree that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt the Released Parties any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-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 Mallinckrodt the Released Parties or any of its subsidiaries their owned or affiliates on controlled entities of the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt the Released Parties or any of its subsidiaries their owned or affiliatescontrolled entities’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt ModMed further agrees that within 120 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 Paragraphparagraph) 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 Mallinckrodt ModMed 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. Mallinckrodt XxxXxx agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt ModMed 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 Mallinckrodt ModMed or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt ModMed or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Teva further agrees that within 120 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 Paragraphparagraph) 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 Mallinckrodt Teva 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. Mallinckrodt Teva agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Teva 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 Mallinckrodt Teva or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt Teva or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Teva further agrees that within 120 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 Mallinckrodt Teva 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 Costsunallowable costs. Mallinckrodt Teva agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Teva 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 Mallinckrodt Teva or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt Teva or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Xxxxxxx further agrees that within 120 90 days of the Effective Date of this Agreement it 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 Paragraphparagraph) 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 Mallinckrodt Xxxxxxx 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. Mallinckrodt Xxxxxxx agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Xxxxxxx 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 Mallinckrodt Xxxxxxx or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt Xxxxxxx’x or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Xx. Xxxxxxx further agrees that within 120 90 days of the Effective Date of this Agreement it he 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 Mallinckrodt Xx. Xxxxxxx or any of its subsidiaries employees or affiliatesagents, 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 Costsunallowable costs. Mallinckrodt Xx. Xxxxxxx agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Xx. Xxxxxxx 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 Mallinckrodt or any of its subsidiaries or affiliates Xx. Xxxxxxx on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt or any of its subsidiaries or affiliates’ Xx. Xxxxxxx’x cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Ascension Michigan further agrees that within 120 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 Paragraphparagraph) 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 Mallinckrodt Ascension Michigan 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. Mallinckrodt Ascension Michigan agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Ascension Michigan 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 Mallinckrodt Ascension Michigan or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt Ascension Michigan or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Crossroads Hospice further agrees that within 120 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 Paragraphparagraph) 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 Mallinckrodt Crossroads Hospice 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. Mallinckrodt Crossroads Hospice agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Crossroads Hospice 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 Mallinckrodt Crossroads Hospice or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt Crossroads Hospice or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Defendants further agrees agree that within 120 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 Mallinckrodt Defendants or any of its 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. Mallinckrodt agrees Defendants agree that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt 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 Mallinckrodt Defendants or any of its their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt Defendants or any of its their subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Xx. Xx further agrees that within 120 90 days of the Effective Date of this Agreement it he shall identify to applicable Medicare Medicare, RRB 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 Mallinckrodt Xx. Xx or any of its his 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. Mallinckrodt Xx. Xx agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Xx. Xx 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 Mallinckrodt Xx. Xx or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt Xx. Xx or any of its subsidiaries subsidiaries’ or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Xxxx further agrees that within 120 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 Paragraphparagraph) 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 Mallinckrodt Teva 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. Mallinckrodt Teva agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Teva 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 Mallinckrodt Teva or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt Teva or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Xx. Xxxx further agrees that within 120 90 days of the Effective Date of this Agreement it he 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 Paragraphparagraph) 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 Mallinckrodt or any of its subsidiaries or affiliatesXx. Xxxx, 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. Mallinckrodt Xx. Xxxx agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Xx. Xxxx 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 Mallinckrodt or any of its subsidiaries or affiliates Xx. Xxxx on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt Xx. Xxxx or any of its subsidiaries or his affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Defendants further agrees agree that within 120 90 days of the Effective Date of this Agreement it shall identify to applicable Medicare Medicare, HRSA, TRICARE, and TRICARE RRMP fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraphparagraph) 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 Mallinckrodt Defendants 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. Mallinckrodt agrees Defendants agree that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt 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 Mallinckrodt Defendants or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt Defendants or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Moffitt further agrees that within 120 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 Mallinckrodt Moffitt 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 Costsunallowable costs. Mallinckrodt Moffitt agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Moffitt 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 and the State of Florida reserve their rights to disagree with any calculations submitted by Mallinckrodt Moffitt or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt Moffitt or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt MorseLife further agrees that within 120 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 Mallinckrodt MorseLife 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 Costsunallowable costs. Mallinckrodt MorseLife agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt MorseLife 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 Mallinckrodt MorseLife or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt MorseLife or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Temple Continuing Care Center and Xxxxxx Xxxxxxxx further agrees agree that within 120 90 days of the Effective Date effective date of this Agreement it shall Agreement, they will identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid Medicaid, VA and FEHBP fiscal agents, any Unallowable Costs unallowable costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid programProgram, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Mallinckrodt Temple Continuing Care Center and Xxxxxx Xxxxxxxx or any of its subsidiaries or affiliatestheir subsidiaries, and shall 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 Costsunallowable costs. Mallinckrodt agrees Temple Continuing Care Center and Xxxxxx Xxxxxxxx agree that the United States, at a minimum, shall will be entitled to recoup from Mallinckrodt any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs unallowable costs on previously-submitted cost reports, information reports, cost statements, or requests request for payment. Any payments payment due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice Justice, and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Mallinckrodt Temple Continuing Care Center and Xxxxxx Xxxxxxxx or any of its their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs unallowable costs (as defined in this Paragraph) on Mallinckrodt Temple Continuing Care Center and Xxxxxx Xxxxxxxx or any of its subsidiaries or affiliatestheir subsidiaries’ cost reports, cost statements, or information reports. 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. Mallinckrodt Sutter further agrees that within 120 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 Mallinckrodt Sutter 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 Costsunallowable costs. Mallinckrodt Sutter agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Sutter 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 Mallinckrodt Sutter or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt Sutter or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Xxxx Pharmacy further agrees that within 120 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 Paragraphparagraph) 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 Mallinckrodt Xxxx Pharmacy 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. Mallinckrodt Xxxx Pharmacy agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Xxxx Pharmacy 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 Mallinckrodt Xxxx Xxxxxxxx or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt Xxxx Pharmacy or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt The Bello Parties further agrees agree that within 120 ninety (90) days of the Effective Date of this Agreement it 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 Mallinckrodt the Bello Parties, or any of its their subsidiaries or affiliates, and shall request, and agreeagrees, 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 Costsunallowable costs. Mallinckrodt agrees The Bello Parties agree that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt the Bello Parties any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-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 Mallinckrodt the Bello Parties, or any of its their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt the Bello Parties, or any of its their subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Sansum Clinic further agrees that within 120 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 Paragraphparagraph) 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 Mallinckrodt Sansum Clinic 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. Mallinckrodt Sansum Clinic agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Sansum Clinic 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 Mallinckrodt Sansum Clinic or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt Sansum Clinic or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Defendants further agrees agree that within 120 ninety (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 Mallinckrodt Life Care 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. Mallinckrodt agrees Defendants agree that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt 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 Mallinckrodt Defendants or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt Defendants or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Diversicare further agrees that within 120 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 Paragraphparagraph) 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 Mallinckrodt Diversicare 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. Mallinckrodt Diversicare agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Diversicare 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 and Tennessee reserves its their rights to disagree with any calculations submitted by Mallinckrodt Diversicare or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt Diversicare or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Xx. Xxxxx further agrees that within 120 90 days of the Effective Date of this Agreement it he 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 Paragraphparagraph) 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 Mallinckrodt or any of its subsidiaries or affiliatesXx. Xxxxx, 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. Mallinckrodt Xx. Xxxxx agrees that the United StatesStates and Texas, at a minimum, shall be entitled to recoup from Mallinckrodt Xx. Xxxxx 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 and Texas pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its and Texas reserve their rights to disagree with any calculations submitted by Mallinckrodt or any of its subsidiaries or affiliates Xx. Xxxxx on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt or any of its subsidiaries or affiliatesXx. Xxxxx’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt GMH further agrees that within 120 90 days of the Effective Date of this Agreement it shall identify to applicable Medicare Medicare, Railroad Retirement Program, 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 Mallinckrodt GMH 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. Mallinckrodt GMH agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt it 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 Mallinckrodt GMH or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt GMH or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Defendants further agrees agree that within 120 90 days of the Effective Date of this Agreement it 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 Mallinckrodt Defendants or any of its 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. Mallinckrodt agrees Defendants agree that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt 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 Mallinckrodt Defendants or any of its their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt Defendants or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Respironics further agrees that within 120 90 days of the Effective Date of this Agreement it shall as applicable 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 Mallinckrodt Respironics 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. Mallinckrodt Respironics agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Respironics 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 Mallinckrodt Respironics or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt Respironics or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Lincare further agrees that within 120 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 Mallinckrodt Lincare, 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. Mallinckrodt Lincare agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Lincare 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 Mallinckrodt Lincare, or any of its their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt Lincare, or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Defendants further agrees agree that within 120 ninety (90) days of the Effective Date of this Agreement it 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 Mallinckrodt Defendants or any of its 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. Mallinckrodt agrees Defendants agree that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt 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 U.S. Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Mallinckrodt Defendants or any of its their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt Defendants or any of its their subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Xx. Xxx further agrees that within 120 90 days of the Effective Date of this Agreement it he shall identify and repay by adjustment to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agentsfuture claims for payment or otherwise, 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 Mallinckrodt or any of its subsidiaries or affiliatesXx. Xxx, if applicable, 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 Costsunallowable costs. Mallinckrodt Xx. Xxx agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Xx. Xxx any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-previously- submitted cost reports, information reports, cost statements, or requests for payment. Any If applicable, 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 Mallinckrodt Xx. Xxx or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt Xx. Xxx or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Admera further agrees that within 120 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 Paragraphparagraph) 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 Mallinckrodt Admera 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. Mallinckrodt Xxxxxx agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Admera any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-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 Mallinckrodt Admera or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt Admera or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt If applicable, Omnicare further agrees that within 120 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 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 Mallinckrodt Omnicare 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 Costsunallowable costs. Mallinckrodt Omnicare agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Omnicare any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs unallowable costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any If applicable, 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 Mallinckrodt Omnicare or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs unallowable costs (as defined in this Paragraph) on Mallinckrodt Omnicare or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Pacira further agrees that within 120 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 Mallinckrodt Pacira 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. Mallinckrodt Xxxxxx agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Pacira 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 Mallinckrodt Pacira or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt Pacira or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Defendant further agrees that within 120 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 Paragraphparagraph) included in payments previously sought from the United States, or any State state Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Mallinckrodt Defendant 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. Mallinckrodt Defendant agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Defendant 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 Mallinckrodt Defendant or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt Defendant or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt VitalAxis further agrees that within 120 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 Mallinckrodt VitalAxis 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 Costsunallowable costs. Mallinckrodt VitalAxis agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt VitalAxis 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 Mallinckrodt VitalAxis or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt VitalAxis or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Bluestone further agrees that within 120 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 Paragraphparagraph) 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 Mallinckrodt Bluestone 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. Mallinckrodt Bluestone agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Bluestone 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 Mallinckrodt Bluestone or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt Bluestone or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt CenCal further agrees that within 120 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 Paragraphparagraph) 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 Mallinckrodt CenCal 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. Mallinckrodt CenCal agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt CenCal 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 Mallinckrodt CenCal or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt CenCal or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Xxxx further agrees that within 120 90 days of the Effective Date of this Agreement it he 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 Mallinckrodt or any of its subsidiaries or affiliatesXxxx, 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 Costsunallowable costs. Mallinckrodt Xxxx agrees that the United StatesStates and the State of Connecticut, at a minimum, shall be entitled to recoup from Mallinckrodt Xxxx 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 and the State of Connecticut pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its and the State of Connecticut reserve their rights to disagree with any calculations submitted by Mallinckrodt or any of its subsidiaries or affiliates Xxxx on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt or any of its subsidiaries or affiliates’ Xxxx’s cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Xxxxxx further agrees that within 120 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 Mallinckrodt Xxxxxx 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. Mallinckrodt Xxxxxx agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Xxxxxx 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 Mallinckrodt Xxxxxx or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt Xxxxxx or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Defendants further agrees agree that within 120 ninety (90) days of the Effective Date of this Agreement it 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 Paragraphparagraph) 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 Mallinckrodt Defendants or any of its 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. Mallinckrodt agrees Defendants agree that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt 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 Mallinckrodt Defendants or any of its their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt Defendants or any of its their subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Forest further agrees that that, within 120 90 days of the Effective Date of this Agreement Settlement Agreement, it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid Medicaid, FEHBP, and FEHBP VA 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 Mallinckrodt Forest 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. Mallinckrodt Forest agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Forest any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-previously submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the any such 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 Mallinckrodt Forest or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt Forest or any of its subsidiaries subsidiaries’ or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt DTCA further agrees that within 120 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 Mallinckrodt DTCA 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 Costsunallowable costs. Mallinckrodt DTCA agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt DTCA 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 Mallinckrodt DTCA or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt DTCA or any of its subsidiaries or affiliates’ ' cost reports, cost statements, or information reports.. Settlement Agreement Between United States and DTCA and A. Xxxxx Xxxxx -8-

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt If applicable, Xxx Xxxxx further agrees that that, within 120 90 days of the Effective Date of this Agreement Agreement, it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid Medicaid, DVA, BOP, 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 programProgram, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Mallinckrodt Xxx Lilly, its predecessors, parents, divisions, subsidiaries, or any of its subsidiaries or affiliates, 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. Mallinckrodt Xxx Xxxxx agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Xxx Lilly any overpayment overpayment, plus applicable interest and penalties 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 of the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Mallinckrodt or any of Xxx Lilly, its predecessors, parents, divisions, subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt Xxx Xxxxx’x or any of its subsidiaries predecessors’, parents’, divisions’, subsidiaries’ or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Xx. Xxxxxxxx further agrees that within 120 90 days of the Effective Date of this Agreement it he 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 Paragraphparagraph) 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 Mallinckrodt or any of its subsidiaries or affiliatesDr. Tannoury, 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. Mallinckrodt Xx. Xxxxxxxx agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Dr. Tannoury 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 Mallinckrodt or any of its subsidiaries or affiliates Dr. Tannoury on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt or any of its subsidiaries or affiliates’ Dr. Xxxxxxxx’s cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Defendants further agrees agree that within 120 90 days of the Effective Date of this Agreement it 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 Paragraphparagraph) 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 Mallinckrodt Defendants or any of its 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. Mallinckrodt agrees Defendants agree that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Defendants any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-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 Mallinckrodt Defendants or any of its their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt Defendants or any of its their subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt If applicable, Walgreens further agrees that within 120 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 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 Mallinckrodt Walgreens 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 Costsunallowable costs. Mallinckrodt Walgreens agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Walgreens any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs 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 Mallinckrodt Walgreens or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs unallowable costs (as defined in this Paragraph) on Mallinckrodt Walgreens or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Rite Aid further agrees that within 120 ninety (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 Paragraphparagraph) included in payments previously sought from the United States, or any State state Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Mallinckrodt Rite Aid 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. Mallinckrodt Rite Aid agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Rite Aid 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 Mallinckrodt Rite Aid or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt Rite Aid or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Defendants further agrees agree that within 120 90 days of the Effective Date of this Agreement it that they shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs 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 Mallinckrodt Defendants or any of its 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 Costsunallowable costs. Mallinckrodt agrees Defendants agree that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs 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 Mallinckrodt Defendants or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs unallowable costs (as defined in this Paragraph) on Mallinckrodt Defendants or any of its their subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Practice Fusion further agrees that within 120 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 Mallinckrodt Practice Fusion 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 Costsunallowable costs. Mallinckrodt Practice Fusion agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Practice Fusion 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 Mallinckrodt Practice Fusion or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt Practice Fusion or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Eargo further agrees that within 120 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, 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 Mallinckrodt Eargo 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 Costsunallowable costs. Mallinckrodt Eargo agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Eargo 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 Mallinckrodt Eargo or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt Eargo or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Cottage further agrees that within 120 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 Paragraphparagraph) 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 Mallinckrodt Cottage 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. Mallinckrodt Xxxxxxx agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Cottage 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 Mallinckrodt Cottage or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt Cottage or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Xxxxx further agrees that within 120 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, 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 Mallinckrodt Eargo 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 Costsunallowable costs. Mallinckrodt Xxxxx agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Eargo 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 Mallinckrodt Eargo or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt Eargo or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Xxxx Xxxxxx further agrees that within 120 90 days of the Effective Date effective date of this Agreement Agreement, it shall will identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid Medicaid, VA and FEHBP fiscal agents, any Unallowable Costs unallowable costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid programProgram, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Mallinckrodt Xxxx Xxxxxx or any of its subsidiaries or affiliatessubsidiaries, and shall 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 Costsunallowable costs. Mallinckrodt Xxxx Xxxxxx agrees that the United States, at a minimum, shall will be entitled to recoup from Mallinckrodt Xxxx Xxxxxx any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs unallowable costs on previously-submitted cost reports, information reports, cost statements, or requests request for payment. Any payments payment due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice Justice, and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Mallinckrodt Xxxx Xxxxxx or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs unallowable costs (as defined in this Paragraph) on Mallinckrodt Xxxx Xxxxxx or any of its subsidiaries or affiliatessubsidiaries’ cost reports, cost statements, or information reports. 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. Mallinckrodt Evercare further agrees that within 120 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 Mallinckrodt Evercare 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. Mallinckrodt Evercare agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Evercare 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 Mallinckrodt Evercare or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt Evercare or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Atricure further agrees that within 120 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 Mallinckrodt Atricure 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 Costsunallowable costs. Mallinckrodt Atricure agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Atricure 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 Mallinckrodt Atricure or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt Atricure or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Clinicas and Gold Coast further agrees agree that within 120 90 days of the Effective Date of this Agreement it Agreement, each 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 Paragraphparagraph) 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 Mallinckrodt Clinicas and/or Gold Coast or any of its 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. Mallinckrodt agrees Clinicas and Gold Coast agree that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Clinicas and Gold Coast 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 Mallinckrodt Clinicas or Gold Coast or any of its their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt Clinicas or Gold Coast or any of its their subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt the BAYADA Companies further agrees that within 120 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 Paragraphparagraph) 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 Mallinckrodt the BAYADA Companies 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. Mallinckrodt agrees The BAYADA Companies agree that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt the BAYADA Companies 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 Mallinckrodt the BAYADA Companies or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt the BAYADA Companies or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Provider further agrees that within 120 ninety (90) days of the Effective Date effective date of this Agreement Settlement Agreement, it shall will identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid Medicaid, VA, and FEHBP fiscal agents, any Unallowable Costs unallowable costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid programProgram, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Mallinckrodt the Provider or any of its subsidiaries or affiliatestheir subsidiaries, and shall request, will request and agree, 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 Costsunallowable costs. Mallinckrodt The Provider agrees that the United States, at a minimum, shall will be entitled to recoup from Mallinckrodt the Provider any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs unallowable costs on previously-previously submitted cost reports, information reports, cost statements, or requests request for payment. Any payments 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 Mallinckrodt the Provider or any of its their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs unallowable costs (as defined in this Paragraph) on Mallinckrodt the Provider or any of its subsidiaries or affiliates’ subsidiaries' cost reports, cost statements, or information reports. Nothing in this Settlement 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. Mallinckrodt The Xxxxx Entities further agrees agree that within 120 90 days of the Effective Date of this Agreement it 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 Mallinckrodt the Xxxxx Entities or any of its 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. Mallinckrodt agrees The Xxxxx Entities agree that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt the Xxxxx Entities 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 Mallinckrodt the Xxxxx Entities or any of its their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt the Xxxxx Entities or any of its their subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Providence further agrees that within 120 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 programGovernment, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Mallinckrodt Providence, 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. Mallinckrodt Xxxxxxxxxx agrees that the United StatesGovernment, at a minimum, shall be entitled to recoup from Mallinckrodt Providence 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 Justice, Medicaid Fraud Control Unit, and/or the affected agencies. The United States Government reserves its rights to disagree with any calculations submitted by Mallinckrodt Providence, or any of its their subsidiaries or affiliates on the effect of inclusion ofinclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt Providence, or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Provider further agrees that within 120 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 Mallinckrodt Provider 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 Costsunallowable costs. Mallinckrodt Provider agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Provider 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 Mallinckrodt Provider or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt Provider or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Defendants further agrees that within 120 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 Mallinckrodt Defendants or any of its 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 Costsunallowable costs. Mallinckrodt agrees Defendants agree that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt 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 Mallinckrodt Defendants or any of its their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt Defendants or any of its their subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Defendants further agrees agree that within 120 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 Mallinckrodt Defendants or any of its 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. Mallinckrodt agrees Defendants agree that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt 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 Mallinckrodt Defendants or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Mallinckrodt Defendants or any of its subsidiaries or affiliates’ ' cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Alliance and Ancor further agrees agree that within 120 ninety (90) days of the Effective Date of this Agreement it 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 Paragraphparagraph) 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 Mallinckrodt Alliance, Ancor, or any of its 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. Mallinckrodt agrees Alliance and Ancor agree that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Alliance and/or Ancor 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 Mallinckrodt Alliance or Ancor or any of its their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraphparagraph) on Mallinckrodt Alliance or Ancor or any of its their subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt If applicable, Pediatrix further agrees that within 120 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 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 Mallinckrodt Pediatrix 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 Costsunallowable costs. Mallinckrodt Pediatrix agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Pediatrix any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs 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 Mallinckrodt Pediatrix or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs unallowable costs (as defined in this Paragraph) on Mallinckrodt Pediatrix or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Defendants further agrees agree that within 120 90 days of the Effective Date of this Agreement it they shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid Medicaid, VA and FEHBP fiscal agents, any Unallowable Costs unallowable costs (as defined in this Paragraphparagraph) included in payments previously sought from the United States, or any State state Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Mallinckrodt Defendants or any of its their subsidiaries or POLYMEDICA SETTLEMENT AGREEMENT 13 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 Costsunallowable costs. Mallinckrodt agrees Defendants agree that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Defendants any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs 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 Justice, and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Mallinckrodt Defendants or any of its their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs unallowable costs (as defined in this Paragraphparagraph) on Mallinckrodt Defendants or any of its their subsidiaries or affiliates’ ' cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Mallinckrodt Buena Vista further agrees that within 120 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 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 Mallinckrodt Buena Vista 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 Costsunallowable costs. Mallinckrodt Buena Vista agrees that the United States, at a minimum, shall be entitled to recoup from Mallinckrodt Buena Vista any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs 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 Mallinckrodt Buena Vista or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs unallowable costs (as defined in this Paragraph) on Mallinckrodt Buena Vista or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.