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medications . These programs may include mailings to Participants with active prescriptions for targeted drug products or drug classes or to let Participants know that they may qualify for participation in a clinical trial program . Such mailings may include Participant and drug specific information and/or general educational material . Participants , by notifying Caremark , may opt- out of such programs . b . DUR Services . Caremark will provide its automated concurrent DUR Services for Claims . The information generated in connection with DUR Services is intended as an economical supplement to , and not as a substitute for, the knowledge, expertise, skill , and judgment of physicians , pharmacists , or other health care providers in providing patient care . Providers are individually responsible for acting or not acting upon information generated and transmitted through the DUR Services , and for performing services in each jurisdiction consistent with the scope of their licenses. Notwithstanding anything set forth in this Agreement, Caremark will have no obligation to acquire information concerning any Participant beyond the information that is included in Caremark ' s eligibility records or the Claims submitted by Participating Pharmacies in connection with the Consumer Card Program . 1 .8 Formulary Services . Caremark will administer an open formulary for the Member County and will provide certain Services that are designed to provide useful clinical information to physicians (the " Formulary Services" ) . Caremark may snake changes to the Formulary Services described in this Agreement from time to time , and will notify Member County and Customer of any material changes to any formulary management programs . In all cases , the prescribing physician shall have final authority over the drug that is prescribed to the Participant . a. Rebate Contracts, Caremark contracts with certain Manufacturers for Rebate programs . b. Disclosure of Manufacturer Fees. Caremark may receive fees or other compensation from Manufacturers , including, without limitation , administrative fees not exceeding three percent of the aggregate cost of the pharmaceutical products dispensed to participants , and fees for property provided or services rendered to a Manufacturer ( which may include providing physicians clinical messages consistent with the Performance Drug List, as defined below ) . Caremark ' s specialty pharmacies may also receive fees from Manufacturers for products and services provided . In addition, Caremark ' s mail order and specialty pharmacies may negotiate on their own behalf directly with Manufacturers for discounts, including rebated discounts based on market share or other factors . The term Rebates as used in this Agreement does not include these fees and discounts which belong exclusively to Caremark or Caremark ' s mail order or specialty pharmacies , respectively . c. Participant Authorizations and Disclosures. Customer and Member County shall comply with all Laws applicable to it as a sponsor of the Services or as otherwise consistent with its obligations under this Agreement. d . Additional Participant Discounts. Caremark may provide a program that will provide Participants with additional manufacturer discounts on certain drugs at the point of sale. From time to time, Caremark may revise the list of drugs that have additional participant discounts . The current list of drugs on which Participants may receive additional discounts is available upon request . Caremark will timely notify Member County and Customer of any revisions to this list of drugs . 1 . 9 Management Reports . Caremark will provide Member County and Customer with Caremark ' s standard management reports in connection with the Services , which reports may change from time to time at Caremark ' s discretion . Member County and Customer may elect to receive a reasonable number of the standard management reports made available by Caremark . 1 . 10 Mail Service Program . Caremark may provide to Member County mail order pharmacy services through its mail order pharmacy facilities . For the duration of this Agreement, Member County agrees that it will offer only Caremark mail order pharmacy services for its Participants covered under this Agreement, as further described below . Caremark shall fill prescriptions for Participants and shall mail such drugs or medications to such Participants subject to the following terms and conditions : NACo k3 - v2 .doc ( 02/_14,12006 ) IR % Claiml Pace 2 of' 29 This document contains proprictary information of Caremark , and may not be used for any purpose other than to evaluate enterin _= into a relationship with Caremark. nor may it be duplicated or disclosed to others for any purpose .