Common use of Discretion to Market Clause in Contracts

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 the Pharmaceutical Manufacturer’s 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 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 shall make every reasonable effort to notify the Department State prior to such actions.

Discretion to Market. Nothing in this Agreement shall be construed to prohibit the Pharmaceutical Manufacturer’s 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 the Pharmaceutical Manufacturer is liable for the payment of State Supplemental Rebates only for Covered Products Product(s) (as identified by the 11-digit NDC code) distributed (directly or through the wholesale channel) to retail Pharmacies medical or pharmacy providers and dispensed to Medicaid MembersRecipients. 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 shall make every reasonable effort to notify the Department DMAP prior to such actions.

Discretion to Market. Nothing in this Agreement shall be construed to prohibit the Pharmaceutical Manufacturer’s 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 the Pharmaceutical Manufacturer is liable for the payment of State Supplemental Rebates only for Covered Products Product(s) (as identified by the 11-digit NDC code) distributed (directly or through the wholesale channel) to retail Pharmacies medical or pharmacy providers and dispensed to Medicaid MembersRecipients. 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 shall make every reasonable effort to notify the Department Agency prior to such actions.

Discretion to Market. Nothing in this Agreement shall be construed to prohibit the Pharmaceutical Manufacturer’s 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 the Pharmaceutical Manufacturer is liable for the payment of State Supplemental Rebates only for Covered Products Product(s) (as identified by the 11-digit NDC code) distributed (directly or through the wholesale channel) to retail Pharmacies medical or pharmacy providers and dispensed to Medicaid MembersRecipients. 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 shall make every reasonable effort to notify the Department OHA prior to such actions.