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 debarr ed, excluded or otherwise ineligible for participation in federally funded programs ( including without limitation federally - funded health care programs su ch as Medicare and Medicaid ) . Either party shall notify the other within 5 days after the party rece ives notice that it is an Excluded Provider . The pa rty receiving such notice shall have the right to termi nate this Agreement at any time after learning that the notifying party is an Excluded Provider . For purpos es of this Section, and shall include, as applicable, the ( 1 ) person entering into this Agreement any partners, associates, or agents of that person ( including wit hout limitation subcontractors or employees provi ding Testing ), or ( 2 ) the entity entering into this Agre ement and any such entity ’s parent, principals, shareholders, directors, and officers of such entit y ( including, without limitation, subcontractors or employees providing Testing )