definiens: means that [COMPANY] or any of its officers or directors or any other [COMPANY] personnel ( or other permitted agents ofBionomics performing activities hereunder ) has been : ( 1 ) convicted of any of the felonies identified among the exclusion authoritieslisted on the U.S. Department of Health and Human Services, Office of Inspector General ( OIG ) website, including 42 U.S.C. 1320a-7(a ) ( http://oig.hhs.gov/exclusions/authorities.asp ) ; ( 2 ) identified in the OIG List of Excluded Individuals / Entities ( LEIE ) database(http://exclusions.oig.hhs.gov/ ) or the U.S. General Services Administration ’s list of Parties Excluded from Federal Programs(http://www.epls.gov ) ; or ( 3 ) listed by any US Federal agency as being suspended, debarred, excluded or otherwise ineligible toparticipate in Federal procurement or non- procurement programs, including under 21 U.S.C. 335a(http://www.fda.gov / ora / compliance_ref / debar/ ) ( each of ( 1 ), ( 2 ) and ( 3 ) collectively the )