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Docusign Envelope ID: 921F7A24-D5CE-4BCC-9F3C-5E7844661266 <br />Plan design changes; <br />ii. Amendment, addition, deletion, or other change, or change in interpretation in <br />Laws or regulations or any government, judicial, or legal action, or any drug <br />industry practice, or any policy, underwriting, benefit change, or management <br />practice of a regulatory body or Client, including but not limited to a change in <br />Law or industry practice that results in increasing net cost of Claims; <br />iii. Client's failure to participate in the requisite clinical programs and Formulary; <br />iv. Changes to the information provided by Client as part of the RFP process, <br />including but not limited to changes in the retail network, enrollment, or other <br />changes that could have a material impact on eligibility, drug utilization, or drug <br />mix; <br />V. The Pricing Source discontinues or changes the way AWP is calculated; <br />vi. A shift of 20% or more in the total number of Eligible Persons as determined by <br />the annual average in a given Contract Year; <br />vii. A change of 10% or greater in Claims' mix or utilization, including in any given <br />distribution channel; <br />viii. 5% or more Claims are dispensed in Hawaii, Alaska, Puerto Rico, and/or any US <br />Territory; <br />ix. Manufacturers discontinue cost concession programs; <br />X. Client -Contracted Participating Pharmacy use of 340B reduces Rebate collection <br />by 10%; and/or <br />xi. Client carves out a portion of the administration of the Services previously as- <br />signed to RIGHTWAY or the addition of Client -Contracted Participating Phar- <br />macies. <br />• Guarantees and PMPM Target will be reconciled on a complete twelve (12) month Contract Year <br />basis. In the event Agreement terminates prior to completion of any Contract Year, guarantees <br />applicable to any partial Contract Year period will be void. <br />50 <br />This document is CONFIDENTIAL AND PROPRIETARY to RIGHTWAY Healthcare, Inc. and may not be reproduced, <br />transmitted, published, or disclosed to others without the prior written authorization of RIGHTWAY Healthcare, Inc. <br />