Sample qui tam clause for compliance officer contract
Sample qui tam clause for compliance officer contract
from Bob Wolin, Baker Hostetler, Houston
As an employee of the Provider you are obliged to monitor and assure the Provider remains in compliance with applicable law. If you, at any time, become aware of any violation of any applicable law, regulation, third-party payer requirement or other breach of the Provider's compliance program you agree to immediately notify [Senior Management person / Board ] [in writing]. You shall assist the Provider in all reasonable means requested to investigate any alleged violation reported by any source. [If you fail to provide prompt notice hereunder, and/or disclose any Confidential Material (defined in the Agreement) you shall indemnify the Provider against any and all, direct, indirect and consequential costs, attorney's fees, expenses, losses, claims, demands, causes of action, damages, administrative, civil and/or criminal penalties, judgments, and arbitration awards, unless any such disclosure is required (which term shall not include disclosures which are only permitted or encouraged) by applicable law. If the foregoing indemnity obligation is prohibited in whole or in part by applicable law, or you bring an action against the Provider or its affiliates, officers, directors, employees or agents, directly, indirectly, beneficially, as a relator or otherwise, with respect to any such Confidential matter, you shall and hereby do donate and assign any amount you receive, directly or indirectly, resulting from such disclosure and/or action to ________, a 501(c)(3) tax exempt charity, or if such charity can not or will not accept the proceeds, then to a 501(c)(3) tax exempt charity dedicated to assisting sick and infirm individuals which shall be agreed to by you and the Provider or as may be approved by a court of competent jurisdiction, if agreement can not be reached.]
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