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<br />"ESI SRWkb Pharmagf means CuraSedpt,b%6,,l wredo Health QFBllgft--bc., Express Scripts Specialty'
<br />Distribution Services, ln;t;or another pharmacy or,lZme health agency who owned or operated by ESI or
<br />one or more of its affiliat4that primarily dispenses Specialty Products or prftides services related therote
<br />provided, however, that Am the Mail Service Pharmacy dispenses a Specially1product, it shall be considerva,
<br />an ESI Specialty Rarity :hereunder. 4
<br />"Face" menttae,tt3 .J04C*ttt ail the fees specifietan wopplicable Exhibits attar 40.
<br />other amounts due by Client hereunder, which Client Il' tt iicable, any Member) itt 1!t
<br />purood to the terms and conditions of this Agreement:%tliyt' Vent ESI, Administratori6i `
<br />taltngt3i11et'Fees from time to time, Client s1ub0TEsponsib�iR�INitll i
<br />changes to Members and for obtaining the necessary consents, if any, MOW"*
<br />in order to implement the new pricing.
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<br />"Formulary" PP P crhPfi , �.�� � .
<br />Formula means the list of FDA -approved res � 'ort' il�i's � � i
<br />and Therapeutics Committee and/or customized by Client, si41Yii it# 0
<br />j4OkftdstWW4J6pted by Cts L :
<br />The drugs and supplies included oaft Formulary will be modi$tltliej+B>9;i from timet+&3r# rte as a resukof
<br />factors, inchong, but not limited to, medical appropriateness, manufacturer Rebate arrangements, and patent
<br />expirations. Additions and/or deletions to the Formulary are hereby adopted by Client, subject to Client'a
<br />'on through the process, wW*
<br />discretion to 1s1ed notft iivtpleme Set -Up 9+ addid*A 4$,W g P Form
<br />such election shall be consideredw.HDJileot change to the Obrmulary.
<br />i
<br />"Generic Drug" means a prescription drug, whether identified by its chemical, I i
<br />natio, that is therapeutically equivalent and interchangeable with drugs having an identical amouto`
<br />Saw active ingredients) and approved by the FDA and which is identified as such in ESI's master . !
<br />ttsittg'hilft ators fto:Medispan on their provided 0AY) multisdOW446 field .iii
<br />Spen contains an "lW" (co-brando duet), "O" (ofi�*OW4 vlrVb W' (single sotMbrant chat tittp
<br />biosis of a" shwdard $raod/Generio Algorithm utilized by #9 i6or all "clients, a copy d`wh%h iritny be
<br />tStadale `fir titaatr it Client upon request.
<br />melt ilio *Wth Insurance Portability and Accountabilily'Act aif 1996, as amended, and the
<br />regoletions prooWgOd dWeunder
<br />"Losses" means any and all liabi][W s, damages, claims, causes of action, judgments, demands, penalties, .
<br />fines, assessments, costs, expenseafi fees (including ;; Witation attorneys' fees and other professional
<br />fees) and other losses of any kind or nature whatsoever. t
<br />or "Maximum Allowable Cost' consists of';,ft 0faff-patent drugs subject to maximum allova '
<br />cost payment schedules developed or selected by ESI. The payment schedules specify the maximum wif
<br />ingredient cost payable by or on behalf of Client and its Members for drugs on the MAC List. The MAC
<br />List°and poymeaschedules are frequently updated.
<br />`AJACI into* a list of off -patent prescription drugs or supplies subject to maximum reimbursement
<br />pomettt schedules developed or selected byilft
<br />"Wil Stg'yice PharmaoV" means a pharmacyPwholly-owned or operated byESI-ar nagrivore of its affliatm
<br />other than an ESI Specialty Pharmacy, where prescriptions are filled andtftpe 4 Membe m, a i
<br />delivery service.
<br />"MangfilgMak Administrative Fees" means those administrative fees paid by manufact*jWo!Eo, ESI"
<br />to a contract between ESI and the manufacturer is connection with EST's administering, invoicing, allocating
<br />and cotlwft the Ramitis wMer Hide .,
<br />"" means each person l:.ttii prescription drug benefits am indicated by or on
<br />b6half.6tClient in the Eligibil*F los,:
<br />NOT FOR DISTRIBO"A% T119ftAl, � WCONFIDENT1 ,.)'ROPRIftAO
<br />AMCQNlS'Jll tfilfINl'11r UBENOM
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