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

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

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

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

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

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

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants further agree that within 90 days of the Effective Date of this Agreement they shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this 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 Defendants or any of their subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree that the United States, at a minimum, shall be entitled to recoup from Defendants any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants or any of their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraphParagraph) on Defendants or any of their subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Arthrex further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Arthrex or any of their 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. Defendants agree Arthrex agrees that the United States, at a minimum, shall be entitled to recoup from Defendants 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 Defendants Arthrex or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraph) on Defendants Arthrex or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

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

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Endo further agree agrees that within 90 ninety (90) days of the Effective Date of this Agreement they 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 paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Endo or any of their 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. Defendants agree Xxxx agrees that the United States, at a minimum, shall be entitled to recoup from Defendants 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 Defendants Endo or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraph) on Defendants Endo or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. The Prime Entity Defendants further agree that within 90 days of the Effective Date of this Agreement they shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants the Prime Entity Defendants, or any of their subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. The Prime Entity Defendants agree that the United States, at a minimum, shall be entitled to recoup from 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 the Prime Entity Defendants or any of their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraph) on Defendants the Prime Entity Defendants’ or any of their subsidiaries or affiliates’ cost reports, cost statements, or information reports.

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

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Interface further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Interface or any of their 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. Defendants agree Interface agrees that the United States, at a minimum, shall be entitled to recoup from Defendants 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 Defendants Interface or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraph) on Defendants Interface or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. the Arriva Defendants further agree that within 90 days of the Effective Date of this Agreement they shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by the Arriva Defendants or any of their subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. The Arriva Defendants agree that the United States, at a minimum, shall be entitled to recoup from 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 the Arriva Defendants or any of their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraph) on the Arriva Defendants or any of their subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Ultragenyx further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Ultragenyx or any of their 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. Defendants agree Ultragenyx agrees that the United States, at a minimum, shall be entitled to recoup from Defendants 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 Defendants Ultragenyx or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraph) on Defendants Ultragenyx or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants kaléo further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants kaléo or any of their 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. Defendants agree Kaléo agrees that the United States, at a minimum, shall be entitled to recoup from Defendants 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 Defendants kaléo or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraph) on Defendants kaléo’s or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

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

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

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

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants ModMed further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants ModMed or any of their 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. Defendants agree XxxXxx agrees that the United States, at a minimum, shall be entitled to recoup from Defendants 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 Defendants ModMed or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraph) on Defendants ModMed or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

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

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants The Released Xxxxx Entities further agree that within 90 days of the Effective Date of this Agreement they shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid 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 Defendants or any of their 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. Defendants The Released Xxxxx Entities agree that the United States, at a minimum, shall will be entitled to recoup from Defendants 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 Defendants or any of their subsidiaries or affiliates Released Xxxxx Entity, on the effect of inclusion of Unallowable Costs (as defined in this paragraph) on Defendants or any of their subsidiaries or affiliates’ the cost reports, cost statementsstatement, or information reportsreports of the Released Xxxxx Entity.

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

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

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Crossroads Hospice further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Crossroads Hospice or any of their 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. Defendants agree Crossroads Hospice agrees that the United States, at a minimum, shall be entitled to recoup from Defendants 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 Defendants Crossroads Hospice or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraph) on Defendants Crossroads Hospice or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

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

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Zyno Medical further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Zyno Medical or any of their 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. Defendants agree Zyno Medical agrees that the United States, at a minimum, shall be entitled to recoup from Defendants 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 Defendants Zyno Medical or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraph) on Defendants Zyno Medical or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

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

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Dignity Health further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Dignity Health or any of their 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. Defendants agree Dignity Health agrees that the United States, at a minimum, shall be entitled to recoup from Defendants 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 Defendants Dignity Health or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraph) on Defendants Dignity Health or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants 12 further agree that within 90 days of after the Effective Date of this Agreement 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 paragraph) 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 Defendants or any of 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. Defendants agree that the 21 United States, at a minimum, shall be entitled to recoup from 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 Defendants or any of their its subsidiaries 1 or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraph) on 2 Defendants or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants further agree that within 90 days of the Effective Date of this Agreement they 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 Defendants or any of their subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree that the United States, at a minimum, shall be entitled to recoup from Defendants any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants or any of their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraphParagraph) on Defendants or any of their subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Ascension Michigan further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Ascension Michigan or any of their 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. Defendants agree Ascension Michigan agrees that the United States, at a minimum, shall be entitled to recoup from Defendants 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 Defendants Ascension Michigan or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraph) on Defendants Ascension Michigan or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants The Released Parties further agree that within 90 days of the Effective Date of this Agreement they 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 Defendants the Released Parties or any of their 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. Defendants The Released Parties agree that the United States, at a minimum, shall be entitled to recoup from Defendants 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 Defendants the Released Parties or any of their subsidiaries owned or affiliates on controlled entities of the effect of inclusion of Unallowable Costs (as defined in this paragraphParagraph) on Defendants the Released Parties or any of their subsidiaries owned or affiliatescontrolled entities’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants NICA further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants NICA or any of their 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. Defendants agree XXXX agrees that the United States, at a minimum, shall be entitled to recoup from Defendants 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 Defendants NICA or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraph) on Defendants NICA or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants the Hospitals further agree that within 90 days of the Effective Date of this Agreement they shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants the Hospitals or any of their subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants The Hospitals agree that the United States, at a minimum, shall be entitled to recoup from Defendants 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 Defendants the Hospitals or any of their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraph) on Defendants the Hospitals or any of their subsidiaries or affiliates’ cost reports, cost statements, or information reports.

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

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

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Xxxxxxx further agree agrees that within 90 days of the Effective Date of this Agreement they shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Xxxxxxx or any of their 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. Defendants agree Xxxxxxx agrees that the United States, at a minimum, shall be entitled to recoup from Defendants 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 Defendants Xxxxxxx or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraph) on Defendants Xxxxxxx’x or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Akorn further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Akorn or any of their 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. Defendants agree Akorn agrees that the United States, at a minimum, shall be entitled to recoup from Defendants 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 Defendants Akorn or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraph) on Defendants Akorn or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. The Defendants further agree that within 90 days of the Effective Date of this Agreement they shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by the Defendants or any of their subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. The Defendants agree that the United States, at a minimum, shall be entitled to recoup from 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 the Defendants or any of their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraph) on the Defendants or any of their subsidiaries or affiliates’ cost reports, cost statements, or information reports.

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

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants xxxxx further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants kaléo or any of their 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. Defendants agree Xxxxx agrees that the United States, at a minimum, shall be entitled to recoup from Defendants 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 Defendants kaléo or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraph) on Defendants kaléo’s or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

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

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants DePuy further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants DePuy or any of their 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. Defendants agree DePuy agrees that the United States, at a minimum, shall be entitled to recoup from Defendants 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 Defendants DePuy or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraph) on Defendants DePuy or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

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

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants ACPA further agree agrees that within 90 days of the Effective Date effective date of this Agreement they shall Agreement, it 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 paragraphParagraph) 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 Defendants ACPA or any of their subsidiaries or affiliatesits 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. Defendants agree ACPA agrees that the United States, at a minimum, shall will be entitled to recoup from Defendants ACPA 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 Defendants ACPA or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs unallowable costs (as defined in this paragraphParagraph) on Defendants ACPA or any of their subsidiaries or affiliates’ its 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. Defendants MEE further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants MEE or any of their 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. Defendants agree MEE agrees that the United StatesStates and the Commonwealth, at a minimum, shall be entitled to recoup from Defendants MEE 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 Commonwealth pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its and Commonwealth reserve their rights to disagree with any calculations submitted by Defendants MEE or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraph) on Defendants MEE’s or any of their subsidiaries its subsidiaries’ or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Ensign further agree agrees that within 90 days of the Effective Date of this Agreement they 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 Defendants Ensign or any of their 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. Defendants agree Ensign agrees that the United States, at a minimum, shall be entitled to recoup from Defendants Ensign any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants Ensign or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraphParagraph) on Defendants Ensign or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants the ORIs further agree that within 90 days of the Effective Date of this Agreement they shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this 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 Defendants the ORIs or any of their 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. Defendants The ORIs agree that the United States, at a minimum, shall be entitled to recoup from Defendants the ORIs any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants the ORIs or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraphParagraph) on Defendants the ORIs or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

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

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants If applicable, Dermatology Associates further agree agrees that within 90 days of the Effective Date of this Agreement they 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 Defendants Dermatology Associates or any of their subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree Dermatology Associates agrees that the United States, at a minimum, shall be entitled to recoup from Defendants Dermatology Associates any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants Dermatology Associates or any of their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraphParagraph) on Defendants Dermatology Associates or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants BSC further agree agrees that within 90 days of the Effective Date of this Agreement they 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 Defendants BSC or any of their 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. Defendants agree XXX agrees that the United States, at a minimum, shall be entitled to recoup from Defendants BSC any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants BSC or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraphParagraph) on Defendants BSC or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

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

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Xx. Xxxxxx further agree agrees that within 90 days of the Effective Date of this Agreement they shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this paragraphParagraph) 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 Defendants Xx. Xxxxxx, or any of their subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costsunallowable costs. Defendants agree Xx. Xxxxxx agrees that the United StatesGovernment, at a minimum, shall be entitled to recoup from Defendants Xx. 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 Justice, Medicaid Fraud Control Unit, and/or the affected agencies. The United States Government reserves its rights to disagree with any calculations submitted by Defendants Xx. Xxxxxx, or any of their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraphParagraph) on Defendants Xx. Xxxxxx, or any of their subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants CareCloud further agree agrees that within 90 days of the Effective Date of this Agreement they 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 that CareCloud previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants CareCloud or any of their 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. Defendants agree CareCloud agrees that the United States, at a minimum, shall be entitled to recoup from Defendants CareCloud any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants CareCloud or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraph) on Defendants CareCloud or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Admera further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Admera or any of their 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. Defendants agree Xxxxxx agrees that the United States, at a minimum, shall be entitled to recoup from Defendants 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 Defendants Admera or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraph) on Defendants Admera or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

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

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Essilor further agree agrees that within 90 days of the Effective Date of this Agreement they 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 Defendants or any of their Essilor, Xxxxxxx’s subsidiaries or affiliates, or Providers enrolled in Essilor’s Threshold Programs, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree Xxxxxxx agrees that the United States, at a minimum, shall be entitled to recoup from Defendants Essilor, any of its subsidiaries or affiliates, or Providers enrolled in Essilor’s Threshold Programs, any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants Essilor or Providers enrolled in Essilor’s Threshold Programs, or any of their Essilor’s subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraphParagraph) on Defendants Essilor or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants NCH further agree agrees that within 90 days of the Effective Date of this Agreement they 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 Defendants NCH or any of their 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. Defendants agree NCH agrees that the United States, at a minimum, shall be entitled to recoup from Defendants NCH any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants NCH or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraph) on Defendants NCH or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Bioventus further agree agrees that within 90 days of the Effective Date of this Agreement they 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 Defendants Bioventus or any of their 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. Defendants agree Bioventus agrees that the United States, at a minimum, shall be entitled to recoup from Defendants Bioventus any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants Bioventus or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraphParagraph) on Defendants Bioventus or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports. i. Nothing in this Agreement shall constitute a waiver of the rights of the United States to audit, examine, or re-examine Bioventus’ books and records to determine that no Unallowable Costs have been claimed in accordance with the provisions of this Paragraph. 1. Bioventus agrees to cooperate fully and truthfully with the United States’ investigation of individuals and entities not released in this Agreement. Upon reasonable notice, Bioventus shall encourage, and agrees not to impair, the cooperation of its directors, officers, and employees, and shall use its best efforts to make available, and encourage, the cooperation of former directors, officers, and employees for interviews and testimony, consistent with the rights and privileges of such individuals. Bioventus further agrees to furnish to the United States, upon request, complete and unredacted copies of all non-privileged documents, reports, memoranda of interviews, and records in its possession, custody, or control concerning any investigation of the Covered Conduct that it has undertaken, or that has been performed by another on its behalf. 2. This Agreement is intended to be for the benefit of the Parties only. The Parties do not release any claims against any other person or entity, except to the extent provided for in Paragraph 11 (waiver for beneficiaries paragraph), below.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Xx. Xxxxx further agree agrees that within 90 days of the Effective Date of this Agreement they 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 Defendants or any of their 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. Defendants agree Xx. Xxxxx agrees that the United StatesStates and Texas, at a minimum, shall be entitled to recoup from Defendants 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 Defendants or any of their subsidiaries or affiliates Xx. Xxxxx on the effect of inclusion of Unallowable Costs (as defined in this paragraph) on Defendants or any of their subsidiaries or affiliatesXx. Xxxxx’ cost reports, cost statements, or information reports.

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

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

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Northwest ENT further agree agrees that within 90 days of the Effective Date of this Agreement they 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 Defendants Northwest ENT or any of their 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. Defendants agree Northwest ENT agrees that the United States, at a minimum, shall be entitled to recoup from Defendants Northwest ENT any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants Northwest ENT or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraphParagraph) on Defendants Northwest ENT or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Inform further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Inform or any of their 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. Defendants agree Inform agrees that the United States, at a minimum, shall be entitled to recoup from Defendants Inform 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 Defendants Inform or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraph) on Defendants Inform or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Xxxx further agree agrees that within 90 days of the Effective Date of this Agreement they 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 Defendants or any of their 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. Defendants agree Xxxx agrees that the United StatesStates and the State of Connecticut, at a minimum, shall be entitled to recoup from Defendants 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 Defendants or any of their subsidiaries or affiliates Xxxx on the effect of inclusion of Unallowable Costs (as defined in this paragraphParagraph) on Defendants or any of their subsidiaries or affiliates’ Xxxx’s cost reports, cost statements, or information reports.

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

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Rural/Metro further agree agrees that within 90 days of the Effective Date of this Agreement they 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 Defendants Rural/Metro or any of their 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. Defendants agree Rural/Metro agrees that the United States, at a minimum, shall be entitled to recoup from Defendants Rural/Metro any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants Rural/Metro or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraphParagraph) on Defendants Rural/Metro or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Defendant further agree agrees that within 90 days of the Effective Date of this Agreement they 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 state Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Defendant or any of their 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. Defendants agree Defendant agrees that the United States, at a minimum, shall be entitled to recoup from Defendants 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 Defendants Defendant or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraph) on Defendants Defendant or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

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

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Liberator further agree agrees that within 90 days of the Effective Date of this Agreement they 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 Defendants Liberator or any of their 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. Defendants agree Liberator agrees that the United States, at a minimum, shall be entitled to recoup from Defendants Liberator any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants Liberator or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraphParagraph) on Defendants Liberator or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Xxxx further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Teva or any of their 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. Defendants agree Teva agrees that the United States, at a minimum, shall be entitled to recoup from Defendants 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 Defendants Teva or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraph) on Defendants Teva or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

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

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants CCH further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants CCH or any of their 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. Defendants agree CCH agrees that the United States, at a minimum, shall be entitled to recoup from Defendants CCH 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 Defendants CCH or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraph) on Defendants CCH or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Nostrum and Xxxxx further agree that within 90 days of the Effective Date of this Agreement they shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Nostrum and Xxxxx or any of their subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants Nostrum and Xxxxx agree that the United States, at a minimum, shall be entitled to recoup from Defendants 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 Defendants Nostrum and Xxxxx or any of their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraph) on Defendants Nostrum’s and Mulye’s or any of their subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Guardant further agree agrees that within 90 days of the Effective Date of this Agreement they 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 Defendants Guardant or any of their 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. Defendants agree Xxxxxxxx agrees that the United States, at a minimum, shall DocuSign Envelope ID: 7414B6B0-E6C5-4BF1-80D7-83180A1C038D be entitled to recoup from Defendants Guardant any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants Guardant or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraph) on Defendants Guardant or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Prism further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare Medicare, Medicaid, 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, California, 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 Defendants Prism or any of their 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. Defendants agree Prism agrees that the United StatesGovernments, at a minimum, shall be entitled to recoup from Defendants Prism 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 Governments pursuant to the direction of the United States Department of Justice Justice, the California Attorney General’s Office, and/or the affected agencies. The United States reserves its Governments reserve their rights to disagree with any calculations submitted by Defendants Prism or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraph) on Defendants Prism or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. the PMP Defendants further agree that within 90 days of the Effective Date of this Agreement they shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this 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 the PMP Defendants or any of their subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. The PMP Defendants agree that the United States, at a minimum, shall be entitled to recoup from the PMP 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 the PMP Defendants or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraphParagraph) on the PMP Defendants or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Novo Nordisk further agree agrees that within 90 days of the Effective Date of this Agreement they it 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 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 Defendants Novo Nordisk or any of their 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. Defendants agree Novo Nordisk agrees that the United States, at a minimum, shall be entitled to recoup from Defendants Novo Nordisk any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants Novo Nordisk or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraphParagraph) on Defendants Novo Nordisk or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

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

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

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants UHS further agree agrees that within 90 120 days of the Effective Date of this Agreement they 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 Defendants UHS or any of their 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. Defendants agree UHS agrees that the United States, at a minimum, shall be entitled to recoup from Defendants UHS any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants UHS or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraphParagraph) on Defendants UHS or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants AngioDynamics further agree agrees that within 90 days of the Effective Date of this Agreement they 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 Defendants AngioDynamics or any of their 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. Defendants agree AngioDynamics agrees that the United States, at a minimum, shall be entitled to recoup from Defendants AngioDynamics any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants AngioDynamics or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraphParagraph) on Defendants AngioDynamics or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Xx. Xxxxxxxx further agree agrees that within 90 days of the Effective Date of this Agreement they 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 Defendants Xx. Xxxxxxxx or any of their 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 Costsunallowable costs. Defendants agree Xx. Xxxxxxxx agrees that the United States, at a minimum, shall be entitled to recoup from Defendants Xx. Xxxxxxxx any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants Xx. Xxxxxxxx or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraphParagraph) on Defendants Xx. Xxxxxxxx or any of their his subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants CenCal further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants CenCal or any of their 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. Defendants agree CenCal agrees that the United States, at a minimum, shall be entitled to recoup from Defendants 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 Defendants CenCal or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraph) on Defendants CenCal or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

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

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants SDP and ImmediaDent further agree that within 90 days of the Effective Date of this Agreement they 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 Defendants SDP and ImmediaDent or any of their 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. Defendants SDP and ImmediaDent agree that the United States, at a minimum, shall be entitled to recoup from Defendants SDP and ImmediaDent 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, or the State of Indiana pursuant to the direction of the Office of the Attorney General and/or the affected agencies. The United States reserves its and the State of Indiana reserve their rights to disagree with any calculations submitted by Defendants SDP and ImmediaDent or any of their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraphParagraph) on Defendants SDP and ImmediaDent or any of their subsidiaries or affiliates’ cost reports, cost statements, or information reports.

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

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Xx. Xxxxxx Xxx and ICVC further agree that within 90 days of the Effective Date of this Agreement they shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this 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 Defendants Dr. Pal or any of their 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. Defendants agree Dr. Pal agrees that the United States, at a minimum, shall be entitled to recoup from Defendants Dr. Pal any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants Xx. Xxxxxx Xxx, ICVC or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraph) on Defendants Xx. Xxxxxx Xxx, ICVC, or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants further agree that within 90 days of the Effective Date of this Agreement they shall to 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 Defendants or any of their subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree that the United States, at a minimum, shall be entitled to recoup from Defendants any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraphParagraph) on Defendants or any of their subsidiaries or affiliates’ cost reports, cost statements, or information reports.

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

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

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

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

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants If applicable, X. Xxxxx further agree agrees that within 90 days of the Effective Date effective date of this Agreement they shall it will identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, 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 Medicaid programProgram, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants X. Xxxxx or any of their its subsidiaries or affiliates, 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 Costsunallowable costs. Defendants agree X. Xxxxx agrees that the United States, at a minimum, shall be entitled to recoup from Defendants X. Xxxxx 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, 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 Defendants X. Xxxxx or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs unallowable costs (as defined in this paragraphParagraph) on Defendants X. Xxxxx or any of their subsidiaries its subsidiaries' or affiliates’ ' cost reports, cost statements, statements or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants the BAYADA Companies further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants the BAYADA Companies or any of their 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. Defendants The BAYADA Companies agree that the United States, at a minimum, shall be entitled to recoup from Defendants 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 Defendants the BAYADA Companies or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraph) on Defendants the BAYADA Companies or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Alliance and Ancor further agree that within 90 ninety (90) days of the Effective Date of this Agreement Agreement, they shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants Alliance, Ancor, or any of their subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants Alliance and Ancor agree that the United States, at a minimum, shall be entitled to recoup from Defendants 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 Defendants Alliance or Ancor or any of their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraph) on Defendants Alliance or Ancor or any of their subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants ROC further agree agrees that within 90 days of the Effective Date of this Agreement they it 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 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 Defendants ROC or any of their 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. Defendants agree ROC agrees that the United States, at a minimum, shall be entitled to recoup from Defendants ROC any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants ROC or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraphParagraph) on Defendants ROC or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

Treatment of Unallowable Costs Previously Submitted for Payment. Defendants Cigna further agree agrees that within 90 days of the Effective Date of this Agreement they it shall identify to the Medicare program, 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 Defendants Cigna or any of their 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. Defendants agree Cigna agrees that the United States, at a minimum, shall be entitled to recoup from Defendants Cigna any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants Cigna or any of their its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraph) on Defendants Cigna or any of their its subsidiaries or affiliates’ cost reports, cost statements, or information reports.

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