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$ 1320a- 7(a)); or (ii) has been convicted of a crirninal ofTense that falls within thc arnbit of <br />42 U.S.C. $ I 320a-7(a), but iras not been excluded, debared, suspended, or othenvise <br />declared ineligible. A party shall promptly notify the other parly upon receipt of any <br />notice, whether or not official, that the palty has become or may become an Ineligible <br />Entity during the term of this MOA. <br />D. Anti-Kickback Provision <br />This MOA is intendcd to cornp{y witli thc federal anti-kickback statute and the saf'e <br />harbor regulations promulgated thereundel. Should any subsequently promulgated <br />fbderal orstate statute or regulation be inconsistent with this MOA, the parties aglee <br />that they rvill imrnediately and in good faith rcnegotiate this MOA. <br />2. Nothing in this MOA requires, is intendecl to require, or plovides paynrent or bcnefit of any <br />kind (directly or indirectly) {br, the refeual of individuals or business to either party by the <br />other party. <br />3. Neither party shall (i) require their hcalth ancl health-relatcd profcssionals to rcfer paticnts <br />to one another (or to ariy othcr entity or pcrson), or (ii) track such rcferrals for purposes <br />relating to setting the compensation of their professionals or influenc-ing their choice . <br />4. Each party may contract or otherwise affiliate with other parties <br />5. Both parties agl'ee that lhere shall be l1o relnuneration exchanged between the <br />parties pursuant to thisMOA. <br />Communi cations/ l\{a rkef i n g <br />Both parties agr€c to conftr and, whete possiblc, issrre a joint statement in response to any <br />press or othet inquiries regarding the activities addressed under this MOA. Neither party shall <br />use the nante of thc other party in any promotional or advcrtising materjal unless pr-ior conscnt <br />is obtained from the other party. <br />IV. [nvestigation <br />If there is a claim fbr damages that involves services provicled under the auspices of this <br />MOA, then each party will cooperate in any investigation into such matter by pro'r,iding <br />access to records, documents and witnesses, as permitted under applicable fbderal 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 liabitity <br />insurance for itself and its officers, directors, employe cs, contractors, and agents, collsistent <br />with prevailing standar:ds. Each party agrees to include the other parly as a narned insured <br />under its comprehensive general insurance policy. Each party agrees to secure and <br />I, <br />H&S MOA KCJ Page 4