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j. The City has not entered into a contingent fee arrangement related to the City's <br />participation in the Waiver Program; <br />k. The City has not entered and will not enter into any agreement to condition either <br />the amount of the Public Funds transferred by the City or the amount of the <br />Waiver Program Payments the Hospital receive on the amount of indigent care the <br />Hospital has provided or will provide; <br />1. The City has not entered and will not enter into any agreement to condition the <br />amount of the Hospital's indigent care obligations on either the amount of Public <br />Funds transferred by the City to HHSC or the amount of Waiver Program <br />Payments the Hospital may be eligible to receive; <br />M. With regard to any escrow, trust or other financial mechanism (an Account) <br />utilized in connection with this Agreement or an IGT issued for a payment period <br />that occurs after the Effective Date of this Agreement, the following <br />representations are true and correct: <br />(1) The amount of any Account is not conditioned or contingent on the <br />amount of indigent care services that the Hospital provided or will <br />provide; <br />(2) The City has disclosed the existence of any Account to HHSC; and <br />(3) Any such Account will not be used to effect a quid pro quo for the <br />provision of indigent care services by or on behalf of the Hospital; <br />n. The City has not received and will not receive refunds of payments the City made <br />or makes to the Hospital for any purpose in consideration for an IGT of Public <br />Funds by the City to HHSC to support the Waiver Program Payments; <br />o. The City has not received and will not receive any cash or in -kind transfers from <br />the Hospital or any other entity acting on behalf of the Hospital other than <br />transfers and transactions that: <br />(1) Following the date this Agreement is executed, are unrelated to the <br />administration of the Waiver Program or the delivery of indigent care <br />services under this Agreement; <br />(2) Constitute fair market value for goods or services rendered or provided by <br />the City to the Hospital; and <br />(3) Represent independent, bona fide transactions negotiated at arms- length <br />and in the ordinary course of business between the Hospital and the City; <br />and <br />INDIGENT CARE AFFILIATION AGREEMENT BETWEEN THE CITY OF SAN MARCOS AND <br />CENTRAL TEXAS MEDICAL CENTER PAGE 5 <br />