State of Washington 12/4/2017 - Laserfiche WebLink

reasonable costs of collection and enforcement under this paragraph, including attorneys'fees and expenses. 5. The State agrees to release and refrain from instituting, recommending, directing, or maintaining any administrative action seeking exclusion, as an HCA provider, against the City for the Covered Conduct, except as reserved in Paragraph 3 above.Nothing in this Agreement precludes the State from taking action against the City in the event that the City is excluded by the federal government, or for conduct and practices other than the Covered Conduct. 6. The City waives and shall not assert any defenses it may have to criminal prosecution or administrative action for the Covered Conduct, which defenses may be based in whole or in part on a contention,under the Double Jeopardy Clause of the Fifth Amendment of the Constitution or the Excessive Fines Clause of the Eight Amendment of the Constitution,that this Agreement bars a remedy sought in such criminal prosecution or administrative action. 7. In consideration of the obligations of the State set forth in this Agreement, the City waives and discharges the State, its agencies, employees, and agents from any causes of action (including attorneys' fees, costs, and expenses of every kind and however denominated) which the City has against the State, its agencies, employees, and agents arising from the State's investigation and prosecution of the Covered Conduct. 8. The amount that the City must pay to the State pursuant to Section III,Paragraph 1 above will not be decreased as a result of the denial of any claims for payment now being withheld from payment, if any, by the State, any MCO under contract with the State, or any other state payor,for the Covered Conduct.The City agrees not to resubmit to HCA, MCOs or any other state payor, any previously denied claims, which denial was based on the Covered Conduct,and agrees to withdraw any pending appeals of or not to appeal or cause the appeal of any such denials of claims. 9. The City shall not seek payment for any claims attributable in any way to the Covered Conduct from any HCA client or their parents,sponsors,legally responsible individuals, or third party payors; provided, however, it may seek recovery from its vendors, as applicable and appropriate. 10. The City expressly warrants that it has reviewed its financial condition and that it is currently solvent within the meaning of 11 U.S.C. §§ 547(b)(3) and 548(a)(1)(B)(ii)(I), and shall remain solvent following payment of the Settlement Amount and compliance with this Agreement. 11. The Parties each represent that this Agreement is freely and voluntarily entered into without any degree or duress or compulsion whatsoever. 12. The City agrees to cooperate fully and truthfully with any State investigation of individuals or entities not released in this Agreement. Upon request,the City agrees to furnish to the State complete and un-redacted copies of all non-privileged documents {AGS1604567.DOCX;2/13113.00000S/} Page 4 of 7