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 the Prime Defendants or the Xxxx Defendants, and 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 investigation(s) of the matters covered by this Agreement; (3) the Prime Defendants’ and the Xxxx Defendants’ investigations, defenses, and corrective actions undertaken in response to the United States’ audit(s) and civil investigation(s) in connection with the matters covered by this Agreement (including attorneys’ fees); (4) the negotiation and performance of this Agreement; (5) the payments that the Prime Defendants, Xx. Xxxx, and the Xxxx PC make to the United States pursuant to this Agreement and any payments that the Prime Defendants, Xx. Xxxx, and the Xxxx PC may make to Relator Xxxxxxxxxx and Relators Xxxxxx and Xxxx, including costs and attorneys’ fees; and (6) the negotiation of, and obligations undertaken pursuant to the CIA to: (i) retain an independent review organization to perform annual reviews as described in Section III of the CIA; and (ii) prepare and submit reports to the OIG-HHS are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, and the TRICARE Program, (hereinafter referred to as Unallowable Costs). However, nothing in Paragraph 35.a.(6) that may apply to the obligations undertaken pursuant to the CIA affects the status of costs that are not allowable based on any other authority applicable to the Prime Defendants.
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Samples: Settlement Agreement
Unallowable Costs Defined. All That all costs (as defined in the Federal Acquisition RegulationRegulations, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Security ActXxxxxxxx Xxx, 42 U.S.C. 00 X.X.X. §§ 13950000-1395lll 0000xxx and 1396-1396w-51396v; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of the Prime Defendants Biomet, together with its current and former parent corporations; each of its direct and indirect subsidiaries; brother or the Xxxx Defendants, and their present sister corporations; divisions; current or former owners, officers, directors, employees, shareholders, agents, and agents affiliates; and the predecessors, successors and assigns of any of them in connection with:with the following shall be “unallowable costs” on government contracts and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (FEHBP):
(1) the matters covered by this AgreementAgreement and any related plea or deferred prosecution agreement;
(2) the United States’ audit(s) and civil and any criminal investigation(s) of the matters covered by this Agreement;
(3) the Prime Defendants’ and the Xxxx Defendants’ investigationsBiomet’s investigation, defensesdefense, 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 plea or deferred prosecution agreement;
(5) the payments that the Prime Defendants, Xx. Xxxx, and the Xxxx PC make payment Biomet makes to the United States pursuant to this Agreement and any payments that the Prime Defendants, Xx. Xxxx, and the Xxxx PC may make to Relator Xxxxxxxxxx and Relators Xxxxxx and XxxxAgreement, including any costs and attorneys’ attorneys fees; and
(6) the negotiation of, and obligations undertaken pursuant to the CIA to: :
(i) retain an independent review organization to perform annual reviews as described in Section III of the CIA; and and
(ii) prepare and submit reports to the OIG-HHS are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, and the TRICARE Program, (hereinafter referred to as Unallowable Costs)HHS. However, nothing in this Paragraph 35.a.(611.a.(6) that may apply to the obligations undertaken pursuant to the CIA affects the status of costs that are not allowable based on any other authority applicable to the Prime DefendantsBiomet. (All costs described or set forth in this Paragraph 11.a. are hereafter “unallowable costs.”)
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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 1395kkk and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of the Prime Defendants or the Xxxx DefendantsXxxxx Entities, and their present or former officers, directors, employees, shareholders, and agents in connection with:
(1) the matters covered by this Agreement, the plea agreement referenced in Paragraph C of the Recitals above, and the NPA;
(2) the United States’ ’, the State of Georgia’s, and/or the State of South Carolina’s audit(s) and civil and criminal investigation(s) of the matters covered by this Agreement;
(3) the Prime DefendantsXxxxx Entities’ and the Xxxx Defendants’ investigationsinvestigation, defensesdefense, and corrective actions undertaken in response to the United States’ ’, the State of Georgia’s, and/or the State of South Carolina’s 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, the plea agreement referenced in Paragraph C of the Recitals above, and the NPA;
(5) the payments that the Prime Defendants, Xx. Xxxx, and the Xxxx PC Xxxxx Entities make to the United States States, the State of Georgia, and the State of South Carolina pursuant to this Agreement and any payments that the Prime Defendants, Xx. Xxxx, and the Xxxx PC may Xxxxx Entities make to Relator Xxxxxxxxxx and Relators Xxxxxx and XxxxRelator, including costs and attorneys’ attorney’s fees; and
(6) the negotiation of, and obligations undertaken pursuant to the CIA NPA to: (i) retain an independent review organization to perform annual reviews Independent Compliance Monitor as described in Section III of the CIANPA; and (ii) prepare and submit reports to the OIG-HHS Independent Compliance Monitor and the United States Department of Justice as set forth in the NPA, are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, and the TRICARE Program, and Federal Employees Health Benefits Program (FEHBP) (hereinafter referred to as Unallowable Costs). However, nothing in Paragraph 35.a.(6paragraph 20.a.(6) that may apply to the obligations undertaken pursuant to the CIA NPA affects the status of costs that are not allowable based on any other authority applicable to the Prime DefendantsXxxxx Entities.
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Unallowable Costs Defined. All That 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 ActXxxxxxxx Xxx, 42 U.S.C. 00 X.X.X. §§ 13950000-1395lll 0000xxx-0 and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of the Prime Defendants Xxxxxx, together with its current and former parent corporations; each of its direct and indirect subsidiaries; brother or the Xxxx Defendants, and their present sister corporations; divisions; current or former owners, officers, directors, employees, shareholders, agents, and agents affiliates; and the predecessors, successors and assigns of any of them in connection with:with the following shall be “unallowable costs” on government contracts and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (FEHBP):
(1) the matters covered by this AgreementAgreement and any related plea or deferred prosecution agreement;
(2) the United States’ audit(s) and civil and any criminal investigation(s) of the matters covered by this Agreement;
(3) the Prime Defendants’ and the Xxxx Defendants’ investigationsXxxxxx’x investigation, defensesdefense, 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 plea or deferred prosecution agreement;
(5) the payments that the Prime Defendants, Xx. Xxxx, and the Xxxx PC make payment Xxxxxx makes to the United States pursuant to this Agreement and any payments that the Prime Defendants, Xx. Xxxx, and the Xxxx PC may make to Relator Xxxxxxxxxx and Relators Xxxxxx and XxxxAgreement, including any costs and attorneys’ attorneys fees; and
(6) the negotiation of, and obligations undertaken pursuant to the CIA to: (i) retain an independent review organization to perform annual reviews as described in Section III of the CIA; and (ii) prepare and submit reports to the HHS-OIG-HHS are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, and the TRICARE Program, (hereinafter referred to as Unallowable Costs). However, nothing in this Paragraph 35.a.(68.a.(6) that may apply to the obligations undertaken pursuant to the CIA affects the status of costs that are not allowable based on any other authority applicable to the Prime DefendantsXxxxxx. (All costs described or set forth in this Paragraph 8.a. are hereafter “unallowable costs.”)
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