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Docusign Envelope ID: 921 F7A24-D5CE-4BCC-9F3C-5E7844661266 addition or withdrawal of specific Participating Pharmacies, RIGHTWAY will use commercially reasonable efforts to ensure that the network includes Participating Pharmacies such that the network will provide reasonable access and availability to the Eligible Persons; provided that RIGHTWAY does not guarantee the number of Participating Pharmacies in the network. If Client requests that RIGHTWAY encourage a pharmacy to become a Participating Pharmacy by offering such pharmacy reimbursement rates that exceed the rates set forth in Exhibit 4 (Pharmacy Pricing and Rebates), then RIGHTWAY shall use such revised reimbursement rates for such pharmacy; provided, however, RIGHTWAY may refuse to add pharmacies to its network if they do not meet RIGHTWAY's minimum credentialing criteria or are owned by, or under common control with, a direct competitor of RIGHTWAY. RIGHTWAY does not employ Participating Pharmacies, and they are not RIGHTWAY's agents or partners. Participating Pharmacies participate in RIGHTWAY's pharmacy networks only as independent contractors. Participating Pharmacies and Eligible Persons are solely responsible for any health care services rendered to Eligible Persons. RIGHTWAY is not liable for the acts or omissions of any provider or facility rendering services. Participating Pharmacies will be provided with information concerning drug interaction, safety edits, and generic substitution and therapeutic intervention programs. Providers are individually responsible for acting or not acting upon information generated and transmitted and for performing Services in each jurisdiction consistent with the scope of their licenses. These drug utilization review services are necessarily limited by the amount, type, and accuracy of Eligible Person information made available to RIGHTWAY. (a) Listing of Participating Pharmacies. RIGHTWAY will make available an up- to-date list of Participating Pharmacies in its network on-line via its website. In addition, RIGHTWAY shall make printed versions of the list of Participating Pharmacies or relevant portions of the list available upon request to Eligible Persons through its Customer Service Call Center representatives. (b) Mail Service Pharmacy. RIGHTWAY will provide Client a mail service program through which the Mail Service Pharmacy will fill prescriptions for Eligible Persons and will mail such prescriptions to Eligible Persons subject to the terms set forth in Exhibit 4 (Pharmacy Pricing and Rebates). (c) Specialty Pharmacy. RIGHTWAY will provide Client a Specialty Pharmaceuticals program which provides a distribution channel for certain Covered Products that are Specialty Pharmaceuticals. The Specialty Pharmacy will dispense Specialty Pharmaceuticals to Eligible Persons subject to the terms set forth in Exhibit 4 (Pharmacy Pricing and Rebates). (d) Ninety Day at Retail. RIGHTWAY will quote a limited ninety (90) day at retail network upon Client's request. Client is responsible for complying with all applicable Laws and regulations, for making any appropriate notifications to its Eligible Persons concerning the ninety (90) day at retail program, and for making any appropriate changes to its Eligible Person materials to reflect Client's participation in the ninety (90) day at retail program. (e) Pharmacy Audits. RIGHTWAY shall maintain a pharmacy audit program, the criteria of which may be amended from time to time. Participating Pharmacy audits may be conducted by RIGHTWAY's internal auditors or its outside auditors at the Participating Pharmacy or at RIGHTWAY by a review of electronically submitted Claims. Client acknowledges and agrees that RIGHTWAY may, but is not required to, initiate any collection action to collect any audit discrepancies. In the event RIGHTWAY does initiate a collection action against a Participating Pharmacy for any audit discrepancy, RIGHTWAY may offset any reasonable costs, including reasonable attorneys' fees and expenses, arising from any such action. Such expenses will be allocated among RIGHTWAY's affected or impacted customers on a prorated basis against the amount of the recovery. RIGHTWAY's obligation to conduct audits and to attempt 29 This document is CONFIDENTIAL AND PROPRIETARY to RIGHTWAY Healthcare, Inc. and may not be reproduced, transmitted, published, or disclosed to others without the prior written authorization of RIGHTWAY Healthcare, Inc.