definiens: means a person or entity that either ( 1 ) has been convicted of a crime related to health care, or ( ii ) is currently listed by a federal agency as debarred, excluded or otherwise ineligible for participation in federally funded programs ( including without limitation federally - funded health care programs such as Medicare and Medicaid ) . Either party · · shall notify the other within 5 days after the party receives notice that it is an Excluded Provider . The party receiving such notice shall have the right to terminate this Agr.eement at any time after learning that the notifying party is an Excluded Provider . For purposes of this Section, and shall include, as applicable, the ( 1 ) person entering into this Agreement any partners, associates, or agents of that person ( including without limitation subcontractors or employees providing Testing ), or ( 2 ) the entity entering into this Agreement and any such entity 's parent, prinCipals, shareholders, directors, and -officers of such entity ( including, without limitation, subcontractors or employees providing Testing )