Discretion to Market. Nothing in this Agreement shall be construed to prohibit the Pharmaceutical Manufacturer’s from discontinuing production, marketing or distribution of any Covered Product or from transferring or licensing any Covered Product to a third party. It is understood that the Pharmaceutical Manufacturer is liable for the payment of State Supplemental Rebates only for Covered Products (as identified by the 11-digit NDC code) distributed (directly or through the wholesale channel) to retail Pharmacies and dispensed to Medicaid Members. If the Pharmaceutical Manufacturer elects to discontinue production, marketing or distribution of any Covered Product or to transfer or license any Covered Product to a third party, the Pharmaceutical Manufacturer will make every reasonable effort to notify the Department prior to such actions.
Discretion to Market. Nothing in this Agreement shall be construed to prohibit Manufacturer from discontinuing production, marketing or distribution of any Covered Product or from transferring or licensing any Covered Product to a third party. It is understood that Manufacturer is liable for the payment of Outcome-Based Supplemental Rebates only for Covered Products dispensed or administered to Medicaid recipients. If Manufacturer elects to discontinue production, marketing or distribution of any Covered Product or to transfer or license any Covered Product to a third party, Manufacturer shall make every reasonable effort to notify State prior to such actions.
Discretion to Market. Nothing in this Agreement shall be construed to prohibit Manufacturer from discontinuing production, marketing or distribution of any Contracted Product or from transferring or licensing any Contracted Product to a third party. If Manufacturer elects to discontinue production, marketing or distribution of any Contracted Product or to transfer or license any Contracted Product to a third party, Manufacturer shall notify DMMA as soon as commercially reasonable of such action. The Department has the right to terminate this Agreement without cause upon such notification. If Manufacturer fails to notify DMMA, Manufacturer shall continue to be responsible for all State Supplemental Rebates until such notification is given.
Discretion to Market. Nothing in this Agreement shall be construed to prohibit the Manufacturer from discontinuing production, marketing or distribution of the Manufacturer’s Blood Glucose Test Strips or from transferring or licensing said test strips to a third party. It is understood that the Manufacturer is liable for the payment of the Rebates only for Blood Glucose Test Strips identified as Covered Products on Attachment A distributed directly or through the wholesale channel to MassHealth pharmacy providers and dispensed to MassHealth members. If the Manufacturer elects to discontinue production, marketing or distribution of Blood Glucose Test Strips or to transfer or license said strips to a third party, the Manufacturer shall make every reasonable effort to notify EOHHS prior to such action.
Discretion to Market. Nothing in this Agreement shall be construed to prohibit Manufacturer from discontinuing production, marketing or distribution of any Supplemental Covered Product or from transferring or licensing any Supplemental Covered Product to a third party. It is understood that Manufacturer is liable for the payment of Supplemental Rebates only on Supplemental Covered Products, as identified by their NDCs that were distributed directly or through the wholesale channel, and dispensed to Medicaid Recipients. If Manufacturer elects to discontinue production, marketing or distribution of any Supplemental Covered Product or to transfer or license any Supplemental Covered Product to a third party, Manufacturer shall notify Provider Synergies and Participating Medicaid Programs as soon as commercially reasonable of such action. Provider Synergies and Participating Medicaid Programs have the right to terminate this Agreement without cause upon such notification. If Manufacturer fails to notify Provider Synergies and Participating Medicaid Programs, Manufacturer shall continue to be responsible for all Supplemental Rebates until such notification is given.
Discretion to Market. Manufacturer shall continue to pay Supplemental Rebates for so long as this Agreement is in force and State Utilization Data evidences that Department has paid for the Covered Product, regardless of whether Manufacturer continues to market and sell the Covered Product. In the event Manufacturer sells or otherwise transfers the Covered Product to another manufacturer, Manufacturer shall continue to be responsible for the payment of Supplemental Rebates for the Covered Product for the duration of the term of this Agreement. Nothing in this Agreement shall be construed to prohibit Manufacturer from discontinuing the production of a Covered Product. In the event Manufacturer elects to discontinue production of a Covered Product, Manufacturer shall make a reasonable effort to notify Department prior to the discontinuance of the Covered Product.
Discretion to Market. Nothing in this Agreement shall be construed to prohibit from discontinuing production, marketing or distribution of any Covered Product or from transferring or licensing any Covered Product to a third party. It is understood that is liable for the payment of State Supplemental Rebates only for Covered Products (as identified by the 11-digit NDC code) distributed (directly or through the wholesale channel) to retail Pharmacies and dispensed to Medicaid Members. If _ elects to discontinue production, marketing or distribution of any Covered Product or to transfer or license any Covered Product to a third party, shall make every reasonable effort to notify State prior to such actions. Formatted: Bullets and Numbering
