United States Department of Justice 12/4/2017

e. Any liability based upon obligations created by this Agreement; and f. Any liability of individuals. 4. Everett waives and shall not assert any defenses it may have to any criminal prosecution or administrative action relating to the Covered Conduct that may be based in whole or in part on a contention that,under the Double Jeopardy Clause in the Fifth Amendment of the Constitution,or under the Excessive Fines Clause in the Eighth Amendment of the Constitution, this Agreement bars a remedy sought in such criminal prosecution or administrative action. Nothing in this paragraph or any other provision of this Agreement constitutes an agreement by the United States concerning the characterization of the Settlement Amount for purposes of the Internal Revenue laws, Title 26 of the United States Code. 5. Everett fully and finally release the United States, its agencies, officers, agents, employees,and servants, from any claims(including attorney's fees, costs, and expenses of every kind and however denominated)that Everett has asserted, could have asserted, or may assert in the future against the United States, and its agencies, officers, agents, employees,and servants related to the Covered Conduct and the United States' investigation and prosecution thereof. 6. The Settlement Amount shall not be decreased as a result of the denial of claims for payment now being withheld from payment by any Medicare contractor(e.g.,Medicare Administrative Contractor, fiscal intermediary, carrier),TRICARE,or any state payer, related to the Covered Conduct; and Everett agrees that Everett will not resubmit to any Medicare contractor, TRICARE, or any state payer any previously denied claims related to the Covered Conduct, agrees not to appeal any such denials of claims, and agrees to withdraw any such pending appeals. 7. Everett agrees to the following: 3