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§ 1320a- 7(a)); or (ii) has been convicted of a criminal offense that falls within the ambit of <br />42 U.S.C. § 1320a -7(a), but has not been excluded, debarred, suspended, or otherwise <br />declared ineligible. A party shall promptly notify the other party upon receipt of any <br />notice, whether or not official, that the party has become or may become an Ineligible <br />Entity during the term of this MOA. <br />D. Anti -Kickback Provision <br />1. This MOA is intended to comply with the federal anti -kickback statute and the safe <br />harbor regulations promulgated thereunder. Should any subsequently promulgated <br />federal orstate statute or regulation be inconsistent with this MOA, the parties agree <br />that they will immediately and in good faith renegotiate this MOA. <br />2. Nothing in this MOA requires, is intended to require, or provides payment or benefit of any <br />kind (directly or indirectly) for, the referral of individuals or business to either party by the <br />other party. <br />3. Neither party shall (i) require their health and health-related professionals to refer patients <br />to one another (or to any other entity or person), or (ii) track such referrals for purposes <br />relating to setting the compensation of their professionals or influencing their choice. <br />4. Each party may contractor otherwise affiliate with other parties. <br />Both parties agree that there shall be no remuneration exchanged between the <br />parties pursuant to this MOA. <br />I. Communications/ Marketing <br />Both parties agree to confer and, where possible, issue a joint statement in response to any <br />press or other inquiries regarding the activities addressed under this MOA. Neither party shall <br />use the name of the other party in any promotional or advertising material unless prior consent <br />is obtained from the other party. <br />IV. Investigation <br />If there is a claim for damages that involves services provided under the auspices of this <br />MOA, then each party will cooperate in any investigation into such matter by providing <br />access to records, documents and witnesses, as permitted under applicable federal and state <br />law. <br />V. Insurance; Indemnification <br />1. Each party agrees to secure and maintain, or cause to be secured and maintained during <br />the term of this MOA, Worker's Compensation and comprehensive general liability <br />insurance for itself and its officers, directors, employees, contractors, and agents, consistent <br />with prevailing standards. Each party agrees to include the other party as a named insured <br />under its comprehensive general insurance policy. Each party agrees to secure and <br />H&S MOA KCJ Page 4 <br />