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A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK ESI from sharing any such "bona fide service fees" earned by ESI, whether wholly or in part, with any ESI client. "Representatives" of a Party means such Party's directors, officers, managers, employees, agents and other representatives. "Service Data" means Client Data and De -identified Data "Services" means the provision, maintenance, and support of the services set forth in this Agreement and the Client Application, including the improvement, augmentation, and development of such services and Administrator's other products and services, including through the use of artificial intelligence, generative artificial intelligence and/or other automation technologies. "Set -Up Forms" means any standard Administrator or PBM document or form, which when completed and signed by or on behalf of Client (electronic communications from Client indicating Client's approval of a Set - Up Form shall satisfy the foregoing), will describe the essential elements adopted by Client for its Plan. "Single Source Products" means a prescription medication that is: (i) approved by the FDA under a generic drug ANDA application and is licensed and then currently marketed by only one generic drug manufacturers under separate ANDA applications; or (ii) subject to patent litigation. "Specialty Product List" means the list of Specialty Products applicable (exclusive or open) to Client, maintained and updated by ESI from time to time. The Specialty Product List is available to Client upon request. "Specialty Products" means those injectable and non -injectable drugs on the Specialty Product List. Specialty Products, which may be administered by any route of administration, are typically used to treat chronic or complex conditions, and typically have one or more of several key characteristics, including frequent dosing adjustments and intensive clinical monitoring to decrease the potential for drug toxicity and increase the probability for beneficial treatment outcomes, patient training and compliance assistance to facilitate therapeutic goals, limited or exclusive product availability and distribution (if a drug is only available through limited specialty pharmacy distribution it is always considered a Specialty Product), specialized product handling, and/or administration requirements. "Subrogation Claim" means subrogation claims submitted by any state or a person or entity acting on behalf of a state under Medicaid or similar United States or state government health care programs, for which Client is deemed to be the primary payor by operation of applicable federal or state laws. "Term" shall mean the time period between the Effective Date and termination of this Agreement, including the Initial Term, as extended by any Renewal Term (as such terms are defined in Article VI.A). "Usual and Customary Price" or "U&C" means the retail price charged by a Participating Pharmacy for the particular drug in a cash transaction on the date the drug is dispensed as reported to ESI by the Participating Pharmacy. ARTICLE II — ADMINISTRATIVE SERVICES PROVIDED A. Administrator shall administer the prescription drug benefits provided by the Plan, subject to all of the terms and conditions of this Agreement, as the same may be amended or supplemented from time to time. B. Administrator shall provide such assistance as may reasonably be necessary to Client's personnel in enrollment of eligible employees and former employees and dependents eligible under the Plan. Administrator shall maintain up-to-date eligibility status records on all enrolled Members as submitted by Client for purposes of appropriate adjudication of Prescription Drug Claims under the Plan. 6 NOT FOR DISTRIBUTION. THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL, PROPRIETARY AND CONSTITUTES TRADE SECRETS OF ESI AND RXBENEFITS