Common use of Chargeback Claims Clause in Contracts

Chargeback Claims. Except as limited in Section 8.10(d) below, Seller shall be financially responsible for all chargeback claims for the Products with a chargeback invoice dated (i.e. date of sale from the wholesaler to the wholesaler customer, subsequently referred to as the "Activity Date") prior to [***] (the "Transition Chargebacks"). Buyer shall process and be financially liable for all chargeback claims with an Activity Date subsequent to [***]. Notwithstanding the foregoing, the parties acknowledge that the VA National Acquisition Center must approve the removal of the Products from Seller's Federal Supply Schedule ("FSS") before the responsibility of processing such rebates is transferred from Seller to Buyer. Accordingly, in the event such approval is not obtained prior to [***], Seller shall continue to be responsible for processing the FSS chargebacks on Buyer's behalf, and Buyer shall reimburse Seller for same. Buyer and Seller agree that (a) Seller's financial liability for the Transition Chargebacks shall be limited to those commercial customers with which Seller has chargeback obligations as of the Closing, and (b) any such chargebacks issued by Seller shall be made on terms and conditions comparable to Seller's obligations as of the Closing with respect to each customer and shall be based on Seller's terms of respective agreements as of the Closing.

Chargeback Claims. Except as limited in Section 8.10(d(i) below, Seller shall be financially responsible for all chargeback claims for the Products with a chargeback invoice dated (i.e. date of sale from the wholesaler related to Infergen sold prior to the wholesaler customer, subsequently referred to as the "Activity Date") prior to [***] Effective Time (the "Transition Chargebacks"“Chargeback Claims”). Buyer shall process and be financially liable for all chargeback claims with an Activity Date Chargeback Claims related to Infergen sold subsequent to [***]the Effective Time. Notwithstanding the foregoing, the parties acknowledge that the VA National Acquisition Center must approve the removal of the Products Infergen from Seller's ’s Federal Supply Schedule ("“FSS"”) before the responsibility of processing such rebates is transferred from Seller to Buyer. Accordingly, in the event Until such approval is not obtained prior to [***]obtained, Seller shall continue to be responsible for processing the FSS chargebacks on Buyer's ’s behalf, and Buyer shall reimburse Seller for same. Buyer and Seller agree that (ai) Seller's ’s financial liability for the Transition Chargebacks Chargeback Claims shall be limited to those commercial customers with which Seller has chargeback obligations as of the ClosingEffective Time, and (bii) any such chargebacks issued by Seller shall be made on terms and conditions comparable to Seller's ’s obligations as of the Closing with respect to each customer and shall be based on Seller's ’s terms of respective agreements as of the ClosingEffective Time. Seller shall utilize records from third party rebate administrators to demonstrate which chargebacks relate to Infergen sold prior to the Effective Time for purposes of determining Seller’s obligation.

Chargeback Claims. Except as limited in Section 8.10(d(a) below, Seller shall be financially responsible for all chargeback claims for (and associated administrative fees) (the Products with a chargeback invoice dated (i.e. date of sale from the wholesaler “Chargeback Claims”) related to Product sold by Seller prior to the wholesaler customer, subsequently referred to as the "Activity Closing Date") prior to [***] (the "Transition Chargebacks"). Buyer shall process and be financially liable responsible for all chargeback claims with an Activity Date subsequent other Chargeback Claims related to [***]the Product in the Buyer Territory. Notwithstanding the foregoing, the parties Parties acknowledge that the VA National Acquisition Center must approve the removal of the Products Product from Seller's Federal Supply Schedule ("FSS") ’s FSS before the responsibility of processing such rebates is transferred from Seller to Buyer. Accordingly, in the event Until such approval is not obtained prior (and the Parties agree that they shall each use commercially reasonable efforts to [***]promptly facilitate such approval), Seller shall continue to be responsible for processing the FSS chargebacks Chargeback Claims for which Buyer is financially responsible on Buyer's ’s behalf, and Buyer shall reimburse Seller for samesame as set forth below. The Parties agree that, upon Closing, Seller may immediately remove the Product from its agreement under the PHS 340B Program. Buyer and Seller agree that (ai) Seller's ’s financial liability for the Transition Chargebacks Chargeback Claims shall be limited to those commercial customers with which Seller has chargeback obligations as of the Closing, Closing Date and (bii) any such chargebacks Chargeback Claims issued by Seller shall be made on terms and conditions comparable equivalent to Seller's ’s obligations as of the Closing with respect to each customer and shall be based on Seller's terms of respective agreements as of the ClosingClosing Date.

Chargeback Claims. Except as limited in Section 8.10(d8.10(e) below, Seller shall be financially responsible for all chargeback claims for the Products with a chargeback invoice dated (i.e. date of sale from the wholesaler to the wholesaler customer, subsequently referred to as the "Activity Date") prior to [***] September 30, 2001 (the "Transition Chargebacks"). Buyer shall process and be financially liable for all chargeback claims with an Activity Date subsequent to [***]September 30, 2001. Notwithstanding the foregoing, the parties acknowledge that the VA National Acquisition Center must approve the removal of the Products from Seller's Federal Supply Schedule ("FSS") before the responsibility of processing such rebates is transferred from Seller to Buyer. Accordingly, in the event such approval is not obtained prior to [***]September 30, 2001, Seller shall continue to be responsible for processing the FSS chargebacks on Buyer's behalf, and Buyer shall reimburse Seller for same. Buyer and Seller agree that (a) Seller's financial liability for the Transition Chargebacks shall be limited to those commercial customers with which Seller has chargeback obligations as of the Closing, and (b) any such chargebacks issued by Seller shall be made on terms and conditions comparable to Seller's obligations as of the Closing with respect to each customer and shall be based on Seller's terms of respective agreements as of the Closing.