Colleague affirms and warrants that Colleague is not a Medicare beneficiary and is not currently receiving, has not received in the past, is not eligible for, and has not applied for or sought benefits from Medicare. Colleague agrees to indemnify and hold Energizer harmless for any penalties or liability, including interest, that may be asserted against Energizer pursuant to Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007, 42 U.S.C. § 1395y(b)(8) as a result of the payments and other benefits described in this Agreement.