Common use of Billing and Collection Efforts Clause in Contracts

Billing and Collection Efforts. PharMerica shall use commercially reasonable efforts, in accordance with the Payor Flow Chart developed and amended pursuant to the following sentence (from and after the time it is first developed to the mutual and reasonable satisfaction of the Parties), to xxxx and collect from, as applicable, Accepted Plans or Private Pay Residents all charges for Products and Services that a Pharmacy Operator provides to a Covered Resident (including, without limitation, any so-called “dual eligible” under Medicare Part D) or any Private Pay Resident, respectively. PharMerica and Ceres shall cooperate reasonably to (i) develop a payor flow chart on or before November 1, 2006, and (ii) amend the payor flow chart from time to time as circumstances reasonably warrant (each of the payor flow charts described in paragraph (i) or (ii) being called the “Payor Flow Chart”). PharMerica and Ceres shall refer to the chart attached to this Agreement as the initial Schedule J as a guide to commence their discussions with respect to the development of the Payor Flow Chart described in paragraph (i); provided, however, that the Parties acknowledge and agree that such initial Schedule J does not represent all of the Parties’ present practices. Each time a Payor Flow Chart is developed or amended under the terms of this Section 9(d), such Payor Flow Chart shall be substituted as a new Schedule J to this Agreement.