Exceptions to General Limitation. Notwithstanding the provisions of Section 1 of this Article XXIV:
Exceptions to General Limitation. Notwithstanding the above Section III(d)(1)(A), 19 Cerner Customer and Prescriber End Users may: (A) show information regarding a payer’s formulary 20 and benefit plan design, including patient lowest cost options, on/off tier, prior authorization, step 21 therapy, coverage status, and co-pay information; and/or (B) deliver or have delivered to Prescriber End 22 Users clinical alerts that are sourced from payers and/or are attributed to generally recognized and 23 reputable sources providing clinical information to the prescriber, even if, in the event of either (A) or 24 (B), such information influences the patient or prescriber’s choice of pharmacy or other prescribing 25 decisions. In addition, in the event of either (A) or (B) above, Cerner Customer shall: (i) allow its 26 Prescriber End Users to access all pharmaceuticals known through generally available sources used in 27 the industry, and all pharmacies, including all retail and mail service pharmacy options available; and
Exceptions to General Limitation. Notwithstanding the above section, You may: (A) use the Services to communicate information regarding a patient’s health care coverage, including patient lowest cost options, on/off tier, prior authorization, step therapy, coverage status, and co-pay information; and/or (B) deliver or have delivered to health care providers clinical alerts that are sourced from payers and/or are attributed to generally recognized and reputable sources providing clinical information, even if, in the event of either (A) or (B), such information influences the health care provider’s treatment decisions. (c) Effect of Violation of the Commercial Messaging Rules: A violation of this Section 10 may be deemed a material breach of these Terms, and Surescripts would have a right of termination, in addition to other available remedies.
Exceptions to General Limitation. Notwithstanding the above General Limitation, Licensee may: (A) show information regarding a payer’s formulary and benefit plan design, including patient lowest cost options, on/off tier, prior authorization, step therapy, coverage status, and co-pay information; and/or (B) deliver or have delivered to Prescriber End Users clinical alerts that are sourced from payers and/or are attributed to generally recognized and reputable sources providing clinical information to the prescriber, even if, in the event of either (A) or (B), such information influences the patient or prescriber’s choice of pharmacy or other prescribing decisions. Any custom lists created and maintained by Prescriber End Users within the Hosted Programs or Third Party Services, including but not limited to: (i) an individual Prescriber End Users most often prescribed medication list; (ii) an individual Prescriber End User most often used pharmacy list; and/or (iii) an individual Prescriber End User most often used SIGs (i.e., instructions for the use of medications), would not be considered a violation of this Section.
