definiens: means that Moderna or any of its officers or directors or any other Moderna personn el ( or other permitted agents of Moderna performing ac tivities hereunder ) has been : ( 1 ) convicted of any of the felonies identified among the exclusion authorities listed on the U.S. Department of Health and Human Services, Office of Inspector General ( OIG ) website, includin g 42 U.S.C. 1320a-7(a ) ( http://oig.hhs.gov/exclusions/authorities.asp ) ; ( 2 ) identified in the OIG List of Excluded Individual s / Entities ( LEIE ) database ( http://exclusions.oig.hhs.gov/ ) or listed as having an active exclusion in the System for Award Management ( http://www.sam.gov ) ; or ( 3 ) listed by a ny US Federal agency as being suspended, proposed f or debarment, debarred, excluded or otherwise ineligib le to participate in Federal procurement or non - pro curement programs, including under 21 U.S.C. 335a ( http://ww w.fda.gov/ora/compliance_ref/debar/ ) ( each of ( 1 ), ( 2 ) and ( 3 ) collectively the )