Common use of Unallowable Costs Defined Clause in Contracts

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of kaléo, its present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this Agreement; (2) the United States’ audit(s) and civil and criminal investigation(s) of the matters covered by this Agreement; (3) kaléo’s investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil and criminal investigation(s) in connection with the matters covered by this Agreement (including attorneys’ fees); (4) the negotiation and performance of this Agreement; and (5) the payment kaléo makes to the United States pursuant to this Agreement and any payments that kaléo may make to Relator, including costs and attorneys’ fees are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (FEHBP) (hereinafter referred to as “Unallowable Costs”).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of kaléoCrossroads Hospice, its present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this Agreement; (2) the United States’ audit(s) and civil and criminal investigation(s) of the matters covered by this Agreement; (3) kaléoCrossroads Hospice’s investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil and criminal investigation(s) in connection with the matters covered by this Agreement (including attorneys’ fees); (4) the negotiation and performance of this Agreement; and (5) the payment kaléo Crossroads Hospice makes to the United States pursuant to this Agreement and any payments that kaléo Crossroads Hospice may make to RelatorRelators, including costs and attorneys’ fees attorneys fees; are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (FEHBP) (hereinafter referred to as “Unallowable Costs”).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of kaléoAkorn, its present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this Agreement; (2) the United States’ audit(s) and civil and criminal investigation(s) of the matters covered by this Agreement; (3) kaléoAkorn’s investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil and criminal investigation(s) in connection with the matters covered by this Agreement (including attorneys’ fees); (4) the negotiation and performance of this Agreement; and (5) the payment kaléo Akorn makes to the United States pursuant to this Agreement and any payments that kaléo Akorn may make to Relator, including costs and attorneys’ fees attorneys fees; are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (FEHBP) (hereinafter referred to as “Unallowable Costs”).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of kaléothe Arriva Defendants, its their present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this Agreement; (2) the United States’ audit(s) and civil and criminal investigation(s) of the matters covered by this Agreement; (3) kaléo’s The Arriva Defendants’ investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil and criminal investigation(s) in connection with the matters covered by this Agreement (including attorneys’ fees); (4) the negotiation and performance of this Agreement; and (5) the payment kaléo makes the Arriva Defendants make to the United States pursuant to this Agreement and any payments that kaléo the Arriva Defendants may make to Relator, including costs and attorneys’ fees fees; are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (FEHBP) (hereinafter referred to as “Unallowable Costs”).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of kaléoDefendants, its their present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this Agreement; (2) the United States’ audit(s) and civil and criminal investigation(s) of the matters covered by this Agreement; (3) kaléo’s Defendants’ investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil and criminal investigation(s) in connection with the matters covered by this Agreement (including attorneys’ fees); (4) the negotiation and performance of this Agreement; and (5) the payment kaléo makes Defendants make to the United States pursuant to this Agreement and any payments that kaléo Defendants may make to Relator, including costs and attorneys’ fees attorneys fees. are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (FEHBP) (hereinafter referred to as “Unallowable Costs”).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of kaléo, its the Defendants or their present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this Agreement; (2) the United States’ audit(s) and civil and criminal investigation(s) of the matters covered by this Agreement; (3) kaléo’s the Defendants’ investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil and criminal investigation(s) in connection with the matters covered by this Agreement (including attorneys’ fees); (4) the negotiation and performance of this Agreement; and (5) the payment kaléo makes payments the Defendants make to the United States pursuant to this Agreement and any payments that kaléo the Defendants may make to Relator, including costs and attorneys’ fees are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (FEHBP) FEHBP (hereinafter referred to as “Unallowable Costs”).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of kaléo, its present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this Agreement; (2) the United States’ audit(s) and civil and criminal investigation(s) of the matters covered by this Agreement; (3) kaléo▇▇▇▇▇’s investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil and criminal investigation(s) in connection with the matters covered by this Agreement (including attorneys’ fees); (4) the negotiation and performance of this Agreement; and (5) the payment kaléo ▇▇▇▇▇ makes to the United States pursuant to this Agreement and any payments that kaléo may make to Relator, including costs and attorneys’ fees are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (FEHBP) (hereinafter referred to as “Unallowable Costs”).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of kaléoDignity Health, its present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this Agreement; (2) the United States’ audit(s) and civil and criminal investigation(s) of the matters covered by this Agreement; (3) kaléoDignity Health’s investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil and criminal investigation(s) in connection with the matters covered by this Agreement (including attorneys’ fees); (4) the negotiation and performance of this Agreement; and (5) the payment kaléo Dignity Health makes to the United States pursuant to this Agreement and any payments that kaléo Dignity Health may make to Relator, including costs and attorneys’ fees are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (FEHBP) (hereinafter referred to as “Unallowable Costs”).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of kaléoNICA, its present or former officers, directors, employees, shareholders, and agents in connection with: (1) i. the matters covered by this Agreement; (2) ii. the United States’ audit(s) and civil and criminal investigation(s) of the matters covered by this Agreement; (3) kaléoiii. NICA’s investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil and criminal investigation(s) in connection with the matters covered by this Agreement (including attorneys’ fees); (4) iv. the negotiation and performance of this Agreement; and (5) v. the payment kaléo NICA makes to the United States pursuant to this Agreement and any payments that kaléo NICA may make to RelatorRelators, including costs and attorneys’ fees are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (FEHBP) (hereinafter referred to as “Unallowable Costs”).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of kaléo, CareCloud its present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this Agreement; (2) the United States’ audit(s) and civil and criminal investigation(s) of the matters covered by this Agreement; (3) kaléoCareCloud’s investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil and any criminal investigation(s) in connection with the matters covered by this Agreement (including attorneys’ fees); (4) the negotiation and performance of this Agreement; and; (5) the payment kaléo CareCloud makes to the United States pursuant to this Agreement and any payments that kaléo CareCloud may make to Relator, including costs and attorneys’ fees are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (FEHBP) (hereinafter referred to as “Unallowable Costs”).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of kaléoDefendants, its present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this Agreement; (2) the United States’ Government’s audit(s) and civil and criminal investigation(s) of the matters covered by this Agreement; (3) kaléoDefendant’s investigation, defense, and corrective actions undertaken in response to the United States’ Government’s audit(s) and civil and criminal investigation(s) in connection with the matters covered by this Agreement (including attorneys’ fees); (4) the negotiation and performance of this Agreement; and (5) the payment kaléo makes payments Defendants make to the United States Government pursuant to this Agreement and any payments that kaléo Defendants may make to Relator, including costs and attorneys’ fees fees; are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (“FEHBP”) (hereinafter referred to as “Unallowable Costs”).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of kaléoExagen, its present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this Agreement; (2) the United States’ audit(s) and civil and criminal investigation(s) of the matters covered by this Agreement; (3) kaléoExagen’s investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil and criminal investigation(s) in connection with the matters covered by this Agreement (including attorneys’ fees); (4) the negotiation and performance of this Agreement; and (5) the payment kaléo Exagen makes to the United States pursuant to this Agreement and any payments that kaléo Exagen may make to Relator, including costs and attorneys’ fees are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (FEHBP) (hereinafter referred to as “Unallowable Costs”).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll 1395lll-1 and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of kaléo▇▇▇▇▇▇, its present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this Agreement; (2) the United States’ audit(s) and civil and any criminal investigation(s) of the matters covered by this Agreement; (3) kaléo▇▇▇▇▇▇’s investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil and any criminal investigation(s) in connection with the matters covered by this Agreement (including attorneys’ fees); (4) the negotiation and performance of this Agreement; and (5) the payment kaléo ▇▇▇▇▇▇ makes to the United States pursuant to this Agreement and any payments that kaléo Pacira may make to Relator, including costs and attorneys’ fees are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (“FEHBP”) (hereinafter referred to as collectively, the “Unallowable Costs”).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of kaléoNAPS, its present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this Agreement; (2) the United States’ audit(s) and civil and criminal investigation(s) of the matters covered by this Agreement; (3) kaléo’s NAPS’ investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil and criminal investigation(s) in connection with the matters covered by this Agreement (including attorneys’ fees); (4) the negotiation and performance of this Agreement; and (5) the payment kaléo NAPS makes to the United States pursuant to this Agreement and any payments that kaléo NAPS may make to Relator, including costs and attorneys’ fees fees; are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (FEHBP) (hereinafter referred to as “Unallowable Costs”).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of kaléoSignature HomeNow, its present or former officers, directors, employees, shareholders, and agents in connection with: (1) i. the matters covered by this Agreement; (2) ii. the United States’ audit(s) and civil and criminal investigation(s) of the matters covered by this Agreement; (3) kaléoiii. Signature HomeNow’s investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil and criminal investigation(s) in connection with the matters covered by this Agreement (including attorneys’ fees); (4) iv. the negotiation and performance of this Agreement; and (5) v. the payment kaléo Signature HomeNow makes to the United States pursuant to this Agreement and any payments that kaléo Signature HomeNow may make to RelatorRelators, including costs and attorneys’ fees are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (FEHBP) (hereinafter referred to as “Unallowable Costs”).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of kaléoOraPharma, its present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this Agreement; (2) the United States’ audit(s) and civil and criminal investigation(s) of the matters covered by this Agreement; (3) kaléoOraPharma’s investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil and criminal investigation(s) in connection with the matters covered by this Agreement (including attorneys’ fees); (4) the negotiation and performance of this Agreement; and (5) the payment kaléo OraPharma makes to the United States pursuant to this Agreement and any payments that kaléo OraPharma may make to Relator, including costs and attorneys’ fees are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (FEHBP) (hereinafter referred to as “Unallowable Costs”).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act▇▇▇▇▇▇▇▇ ▇▇▇, 42 U.S.C. ▇▇ ▇.▇.▇. §§ 1395▇▇▇▇-1395lll ▇▇▇▇▇▇▇-▇ and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of kaléoDefendants, its their present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this Agreement; (2) the United States’ audit(s) and civil and any criminal investigation(s) of the matters covered by this Agreement; (3) kaléo’s Defendants’ investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil and any criminal investigation(s) in connection with the matters covered by this Agreement (including attorneys’ attorney’s fees); (4) the negotiation and performance of this Agreement; and (5) the payment kaléo makes Defendants make to the United States pursuant to this Agreement and any payments that kaléo Defendants may make to Relator, including costs and attorneys’ fees are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (“FEHBP”) (hereinafter referred to as “Unallowable Costs”).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act▇▇▇▇▇▇▇▇ ▇▇▇, 42 U.S.C. ▇▇ ▇.▇.▇. §§ 1395▇▇▇▇-1395lll ▇▇▇▇▇▇▇-▇ and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of kaléoDefendants, its their present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this AgreementAgreement and any related plea agreement; (2) the United States’ audit(s) and civil and any criminal investigation(s) of the matters covered by this Agreement; (3) kaléo’s Defendants’ investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil and any criminal investigation(s) in connection with the matters covered by this Agreement (including attorneys’ attorney’s fees); (4) the negotiation and performance of this Agreement and any Plea Agreement; and (5) the payment kaléo makes Defendants make to the United States pursuant to this Agreement and any payments that kaléo Defendants may make to Relator, including costs and attorneys’ fees are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (“FEHBP”) (hereinafter referred to as “Unallowable Costs”).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of kaléoDiopsys, its present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this Agreement; (2) the United States’ audit(s) and civil and any criminal investigation(s) of the matters covered by this Agreement; (3) kaléo’s Diopsys’ investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil and any criminal investigation(s) in connection with the matters covered by this Agreement (including attorneys’ fees); (4) the negotiation and performance of this Agreement; and (5) the payment kaléo Diopsys makes to the United States pursuant to this Agreement and any payments that kaléo Diopsys may make to Relator, including costs and attorneys’ fees fees. are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (FEHBP) (hereinafter referred to as “Unallowable Costs”).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of kaléoDefendant, its present or former officers, directors, employees, shareholders, and agents in connection with: (1) i. the matters covered by this Agreement; (2) ii. the United States’ audit(s) and civil and criminal investigation(s) of the matters covered by this Agreement; (3) kaléoiii. Defendant’s investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil and criminal investigation(s) in connection with the matters covered by this Agreement (including attorneys’ fees); (4) iv. the negotiation and performance of this Agreement; and (5) v. the payment kaléo payments Defendant makes to the United States States, California, and Nevada pursuant to this Agreement and any payments that kaléo Defendant may make to Relator, including costs and attorneys’ fees fees, are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (FEHBP) (hereinafter referred to as “Unallowable Costs”).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act▇▇▇▇▇▇▇▇ ▇▇▇, 42 U.S.C. ▇▇ ▇.▇.▇. §§ 1395▇▇▇▇-1395lll ▇▇▇▇▇▇▇-▇ and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of kaléoDefendants, its present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this Agreement; (2) the United States’ audit(s) and civil and criminal investigation(s) of the matters covered by this Agreement; (3) kaléo’s Defendants’ investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil and criminal investigation(s) in connection with the matters covered by this Agreement (including attorneys’ attorney’s fees); (4) the negotiation and performance of this Agreement; and (5) the payment kaléo makes Defendants make to the United States pursuant to this Agreement and any payments that kaléo Defendants may make to Relator, including costs and attorneys’ fees fees. are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (FEHBP) (hereinafter referred to as “Unallowable Costs”).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll 1395lll-1 and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of kaléoMedicrea, its present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this Agreement; (2) the United States’ audit(s) and civil and criminal investigation(s) investigation of the matters covered by this Agreement; (3) kaléoMedicrea’s investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil and criminal investigation(s) investigation in connection with the matters covered by this Agreement (including attorneys’ attorney’s fees); (4) the negotiation and performance of this Agreement; and; (5) the payment kaléo Medicrea makes to the United States pursuant to this Agreement and any payments that kaléo Medicrea may make to Relator, including costs and attorneys’ fees fees, are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (FEHBP) (hereinafter referred to as “Unallowable Costs”).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of kaléoElara Caring, its present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this Agreement; (2) the United States’ audit(s) and civil and criminal investigation(s) of the matters covered by this Agreement; (3) kaléo▇▇▇▇▇ ▇▇▇▇▇▇’s investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil and criminal investigation(s) in connection with the matters covered by this Agreement (including attorneys’ fees); (4) the negotiation and performance of this Agreement; and (5) the payment kaléo Elara Caring makes to the United States pursuant to this Agreement and any payments that kaléo Elara Caring may make to Relator, including costs and attorneys’ fees fees. are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (FEHBP) (hereinafter referred to as “Unallowable Costs”).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of kaléoDefendants, its their present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this Agreement; (2) the United States’ audit(s) and civil and criminal investigation(s) of the matters covered by this Agreement; (3) kaléo’s Defendants’ investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil and criminal investigation(s) in connection with the matters covered by this Agreement (including attorneys’ fees); (4) the negotiation and performance of this Agreement; and (5) the payment kaléo makes payments Defendants make to the United States pursuant to this Agreement and any payments that kaléo Defendants may make to Relator, including costs and attorneys’ fees attorney’s fees; are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (FEHBP) (hereinafter referred to as “Unallowable Costs”).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of kaléo▇▇▇▇ ▇▇▇▇▇▇▇▇, its present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this Agreement; (2) the United States’ audit(s) and civil and criminal investigation(s) of the matters covered by this Agreement; (3) kaléo▇▇▇▇ ▇▇▇▇▇▇▇▇’s investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil and criminal investigation(s) in connection with the matters covered by this Agreement (including attorneys’ fees); (4) the negotiation and performance of this Agreement; and (5) the payment kaléo ▇▇▇▇ Pharmacy makes to the United States pursuant to this Agreement and any payments that kaléo ▇▇▇▇ Pharmacy may make to Relator, including costs and attorneys’ attorneys fees are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (FEHBP) (hereinafter referred to as “Unallowable Costs”).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of kaléoDefendants, its their present or former officers, directors, employees, shareholders, and agents in connection with: (1) i. the matters covered by this Agreement; (2) ii. the United States’ audit(s) and civil and criminal investigation(s) of the matters covered by this Agreement; (3) kaléo’s iii. Defendants’ investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil and criminal investigation(s) in connection with the matters covered by this Agreement (including attorneys’ fees); (4) iv. the negotiation and performance of this Agreement; and; (5) v. the payment kaléo makes Defendants make to the United States pursuant to this Agreement and any payments that kaléo Defendants may make to Relator, including costs and attorneys’ fees fees; and are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (FEHBP) (hereinafter referred to as “Unallowable Costs”).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll 1395111 and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of kaléoNextGen, its present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this Agreement; (2) the United States’ audit(s) and civil and criminal investigation(s) investigations of the matters covered by this Agreement; (3) kaléoNextGen’s investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil and criminal investigation(s) in connection with the matters covered by this Agreement (including attorneys’ fees); (4) the negotiation and performance of this Agreement; and; (5) the payment kaléo NextGen makes to the United States pursuant to this Agreement and any payments that kaléo NextGen may make to RelatorRelators, including costs and attorneys’ fees attorneys fees; and are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (FEHBP) (hereinafter referred to as “Unallowable Costs”).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll 1395lll-1 and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of kaléoX, its present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this AgreementAgreement and the related plea agreement; (2) the United States’ audit(s) and civil and criminal investigation(s) of the matters covered by this Agreement; (3) kaléo’s ▇▇▇▇▇▇’▇ investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil and criminal investigation(s) in connection with the matters covered by this Agreement (including attorneys’ attorney’s fees); (4) the negotiation and performance of this Agreement and related Plea Agreement; and (5) the payment kaléo ▇▇▇▇▇▇ makes to the United States pursuant to this Agreement and any payments that kaléo ▇▇▇▇▇▇ may make to Relator, including costs and attorneys’ fees attorneys fees, are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (FEHBP) (hereinafter referred to as “Unallowable Costs”).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act▇▇▇▇▇▇▇▇ ▇▇▇, 42 U.S.C. ▇▇ ▇.▇.▇. §§ 1395▇▇▇▇-1395lll ▇▇▇▇▇▇▇-▇ and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of kaléoRB Group, its present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this AgreementAgreement and any related non-prosecution agreement; (2) the United States’ audit(s) and civil and any criminal investigation(s) of the matters covered by this Agreement; (3) kaléoRB Group’s investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil and any criminal investigation(s) in connection with the matters covered by this Agreement (including attorneys’ attorney’s fees); (4) the negotiation and performance of this AgreementAgreement and any non-prosecution agreement; and (5) the payment kaléo RB Group makes to the United States pursuant to this Agreement and any payments that kaléo RB Group may make to any Relator, including costs and attorneys’ fees are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (FEHBP) FEHBP (hereinafter referred to as “Unallowable Costs”).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll and 1396-1396- 1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of kaléoDefendants, its their present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this AgreementThe Civil Action and investigation and litigation thereof; (2) the United States’ audit(s) and civil and criminal investigation(s) of the matters covered by this Agreement; (3) kaléo’s Defendants’ investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) audits and civil and criminal investigation(s) investigations in connection with the matters covered by this Agreement (including attorneys’ fees); (4) the negotiation and performance of this Agreement; and (5) the payment kaléo makes payments Defendants make to the United States pursuant to this Agreement and any payments that kaléo Defendants may make to Relatorthe Relators, including costs and attorneys’ fees fees; are unallowable costs for government contracting purposes and under the Medicare ProgramMedicare, Medicaid ProgramMedicaid, TRICARE ProgramTRICARE, and Federal Employees Health Benefits Program (“FEHBP”) (hereinafter referred to as “Unallowable Costs”).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll Subchapter XVIII – Health Insurance for the Aged and 1396-1396w-5Disabled; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of kaléoDermatology Associates, its present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this Agreement; (2) the United States’ audit(s) and civil and any criminal investigation(s) of the matters covered by this Agreement; (3) kaléo’s Dermatology Associates’ investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil and any criminal investigation(s) in connection with the matters covered by this Agreement (including attorneys’ attorney’s fees); (4) the negotiation and performance of this Agreement; and (5) the payment kaléo Dermatology Associates makes to the United States pursuant to this Agreement and any payments that kaléo Dermatology Associates may make to Relator, including costs and attorneys’ fees attorneys fees; and are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (FEHBP) (hereinafter referred to as “Unallowable Costs”).

Unallowable Costs Defined. All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security Act, 42 U.S.C. §§ 1395-1395lll and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of kaléoVHC, its present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this Agreement; (2) the United States’ audit(s) and civil and criminal investigation(s) of the matters covered by this Agreement; (3) kaléoVHC’s investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and civil and criminal investigation(s) in connection with the matters covered by this Agreement (including attorneys’ fees); (4) the negotiation and performance of this Agreement; and (5) the payment kaléo VHC makes to the United States pursuant to this Agreement and any payments that kaléo VHC may make to RelatorRelators, including costs and attorneys’ fees are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (“FEHBP”) (hereinafter referred to as “Unallowable Costs”).