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DocuSign Envelope ID: 5332467E-CBEF-4C5D-8BOE-61 E380BDAl 1 B <br />DocuSign Envelope ID: ISIECOCF-B55C-414F-9455-72004347A310 <br />(12023 Version) <br />Claims dispensed at West Virginia pharmacies may be excluded from dispensing fee guarantees or claims <br />subject to NADAC or another pricing benchmark required by law for pharmacy reimbursement will be <br />excluded from fee guarantees. <br />If applicable, Prescription Drug Claims filled through in-house pharmacies that are no bill, no remit or that <br />have not entered into an ESI pharmacy network agreement are excluded from the discount and dispensing <br />fee guarantees. <br />Dispensing Fees are inclusive of shipping and handling. If carrier rates (i.e., U.S. mail and/or applicable <br />commercial courier services) increase during the Tenn of this Agreement, the Dispensing Fee guarantees <br />will be increased to reflect such increase(s). <br />Guarantees will be measured and reconciled on an annual basis within 180 days of the end of each Contract <br />Year. The guarantees are annual guarantees - if this Agreement is terminated prior to the completion of the <br />then current contract year or if the applicable Term or Renewal Term being reconciled is less than twelve <br />(12) months in length (hereinafter, a "Partial Contract Year"), then the guarantees will not apply for such <br />Partial Contract Year. Furthermore, in the event Client terminates the Agreement outside the terms and <br />conditions in the Agreement, Client forfeits the right to receive any shortfall payments for financial <br />guarantees. To the extent Client changes its benefit design or Formulary during the Term of the Agreement, <br />the guarantee will be equitably adjusted if there is a material impact on the discount achieved. Subject to the <br />remaining terms of this Agreement, Administrator will pay the difference of Client's cost for any shortfall <br />between the actual result and the guaranteed result. Shortfall payments for financial guarantees, if any, will <br />not be paid until this Agreement, including any applicable Client Application, and any amendment(s) or <br />addenda to this Agreement or Client Application, is signed. For purposes of measurement of any pricing <br />guarantee in this Agreement or Amendments to this Agreement, over performance in any component will not <br />be used to offset performance in any other measured pricing component. <br />Notwithstanding anything in this Agreement to the contrary, the Generic Drug guarantees set forth above <br />will include only those Prescription Drug Claims that processed to Client for payment where the underlying <br />prescription drug product was identified by Medi -Span as having a Multi -Source Indicator code identifier of <br />"Y" on the date dispensed (or was identified by Medi -Span as having a Multi -Source Indicator identifier of <br />an "M," "N," or "O" on the date dispensed, but was substituted and dispensed by the ESI Mail Pharmacy as <br />its "house generic"), unless such Prescription Drug Claim is otherwise excluded above. The Brand Drug <br />guarantees set forth above will include only those Prescription Drug Claims that processed to Client for <br />payment where the underlying prescription drug product was identified by Medi -Span as having a Multi - <br />Source Indicator code identifier of "M", "N", or "O" on the date dispensed (except in cases where the <br />underlying prescription drug product was substituted and dispensed by the ESI Mail Pharmacy as its "house <br />generic"), unless such Prescription Drug Claim is otherwise excluded above. The application of brand and <br />generic pricing may be subject to certain "dispensed as written" (DAW) protocols and Client or Plan defined <br />Plan Design and coverage policies for adjudication and Member Copayment purposes. If Medi -Span <br />discontinues reporting Multi -Source Indicator identifiers, Administrator reserves the right to make an <br />equitable adjustment as necessary to maintain the parties' relative economics and the pricing intent of this <br />Agreement. Notwithstanding anything in this Agreement to the contrary, any rebate guarantees set forth in <br />this Agreement will be reconciled using the BGA. <br />Any generic claim that is considered a Single Source Product will be included in the generic reconciliation. <br />3.2 Specialty Products <br />(a) Exclusive Specialty. If Client elects exclusive specialty, then ESI Specialty Pharmacy is the <br />exclusive provider of Specialty Products for the reimbursement rates shown on the Exclusive ESI <br />Specialty Pharmacy Specialty Product List. Any Specialty Product dispensed at a Participating <br />Pharmacy (for example, Limited Distribution Products not then available through ESI Specialty <br />Pharmacy or overrides) will be reimbursed at the standard Participating Pharmacy Specialty Product <br />13 <br />NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY <br />AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS <br />