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A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK "Participating Pharmacy" means any licensed retail pharmacy with which ESI or one or more of its affiliates has executed an agreement to provide Covered Drugs to Members but shall not include any mail order or specialty pharmacy affiliated with any such Participating Pharmacy. Participating Pharmacies are independent contractors of ESI. "PDL" means the PBM Performance Drug List, which is a list of preferred pharmaceutical products, created and maintained by PBM, as amended from time to time, which: (a) has been approved by PBM's pharmacy and therapeutics committee; and (b) reflects PBM's recommendations as to which pharmaceutical products should be given favorable consideration by plans and their participants. "Person" means any individual, corporation, partnership, limited liability company, joint venture, trust, unincorporated organization, government or any agency or instrumentality thereof, or other juridical person recognized by law. "Personal Data' means all data identifying, or identifiable to, a specific Member, including Protected Health Information. "Plan" means the self-funded prescription drug benefit plan(s) administered and/or sponsored by Client. "Plan Administrator" means the Plan sponsor or committee designated by the Plan sponsor with respect to the Plan, as contemplated by Section 3(16)(A) of ERISA. "Plan Design" means drug coverage, days' supply limitation, Cost Share, Formulary (including Formulary drug selection and relative cost indication) and other Plan specifications applicable to the Plan designated for Client as set forth in this Agreement or otherwise documented between the Parties. "PMPM" means per Member per month fee, if applicable, as determined by Administrator from the Eligibility Files. "Prescription Dru Cg laim" or "Claim" means a Member Submitted Claim, Subrogation Claim or claim for payment submitted to ESI by a Participating Pharmacy, ESI Mail Pharmacy, or ESI Specialty Pharmacy as a result of dispensing Covered Drugs to a Member. "Primary Member" means each Member, excluding Members who are qualified dependents. "Protected Health Information" or "PHI" shall have the meaning given such term by HIPAA, but limited to that information created or received by PBM in its capacity as a subcontractor to Administrator or by Administrator in its capacity as a business associate to the Plan. "Raw Data" means all data (including all Personal Data) related to a Member created, collected, and/or maintained by or on behalf of Client, as such data exists immediately before it is disclosed to Administrator to perform the Services. "Rebates" mean formulary rebates that are paid to ESI pursuant to the terms of a formulary rebate contract negotiated independently by ESI and directly attributable to the utilization of certain Covered Drugs by Members. For sake of clarity, Rebates also include inflation protection payments (applies only to specialty carve out). For sake of clarity, Rebates do not include, for example, Manufacturer Administrative Fees; product discounts or fees related to the procurement of prescription drug inventories by ESI Specialty Pharmacy or the ESI Mail Pharmacy; inflation protection amounts (does not apply to specialty carve out); fees received by ESI from pharmaceutical manufacturers for care management or other services provided in connection with the dispensing of products; or other fee-for-service arrangements whereby pharmaceutical manufacturers generally report the fees paid to ESI or its wholly-owned subsidiaries for services rendered as "bona fide service fees" pursuant to federal laws and regulations (collectively, "Other Pharma Revenue"). Such laws and regulations, as well as ESI's contracts with pharmaceutical manufacturers, generally prohibit NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS