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and Human Services Commission (HHSC) to generate the non - federal share of Waiver <br />Program Payments, and the Hospital receives Waiver Program Payments from HHSC. <br />1.4 Waiver Program Payments means any Medicaid payments received by the Hospital in <br />accordance with the Waiver Program. <br />1.5 Public Funds means public revenue, generated by the City, which the City agrees to <br />transfer in part to HHSC via IGT to serve as the non - federal share of Waiver Program <br />Payments. <br />ARTICLE 11 <br />REPRESENTATIONS AND WARRANTIES <br />2.1 Hospital's Representations and Warranties. The Hospital represents and warrants <br />that: <br />a. The Hospital is established and created pursuant to applicable law with all <br />requisite power and authority to enter into this Agreement in all respects; <br />b. The execution, delivery, and performance by the Hospital of this Agreement are <br />within the Hospital's powers, and are not in contravention of any other <br />instruments governing the Hospital and have been duly authorized and approved <br />by the Hospital to the extent required by applicable law; <br />C. Neither the Hospital, nor any of its representatives are: (i) currently excluded, <br />debarred, or otherwise ineligible to participate in the Federal health care programs <br />as defined in 42 U.S.C. § 1320A -7B(F) (the Federal health care programs); (ii) <br />convicted of a criminal offense related to the provision of health care items or <br />services but not yet excluded, debarred, or otherwise declared ineligible to <br />participate in the Federal health care programs; or (iii) under investigation or <br />otherwise aware of any circumstances which may result in the exclusion of the <br />Hospital, or any of its representatives from participation in Federal health care <br />programs; <br />d. This Agreement has been duly and validly executed and delivered by the Hospital <br />and constitutes the valid, legal, and binding obligation of the Hospital, <br />enforceable against the Hospital in accordance with its terms; <br />e. No funds derived from any Waiver Program Payment received by the Hospital <br />have been or will be returned or reimbursed to the City; <br />L No other funds have been used to reimburse the City in consideration of any <br />Waiver Program Payments paid to the Hospital; <br />g. The Hospital will not use any of the Waiver Program Payments to fund any <br />contingent fee arrangement or agreement or to pay for third -party consultant or <br />legal services; <br />INDIGENT CARE AFFILIATION AGREEMENT BETWEEN THE CITY OF SAN MARCOS AND <br />CENTRAL TEXAS MEDICAL CENTER PAGE 2 <br />