Generic Dispensing Rate Guarantee Sample Clauses

Generic Dispensing Rate Guarantee a. Contractor shall provide a competitive generic dispensing rate guarantee at both retail and mail order for each year of the Contract.
Sample 1Sample 2Sample 3See All (4)
AutoNDA by SimpleDocs
Generic Dispensing Rate Guarantee. (a) Express Scripts will guarantee that Generic Drugs will be dispensed from Participating Pharmacies and the Mail Service Pharmacy at the percentages reflected below: Generic Drug Dispensing Rate Guarantee
Sample 1
Generic Dispensing Rate Guarantee. Medco will guarantee a Retail and Mail Generic Dispensing Rate for the Initial Term of the Agreement as follows: Retail GDR Contract Year 1 Contract Year 2 Contract Year 3 Guarantee 69.8% 71.6% 73.3% Mail GDR Contract Year 1 Contract Year 2 Contract Year 3 Guarantee 49.3% 52.6% 55.6% Within 90 days after the end of each Contract Year, Medco will calculate and report the actual Generic Dispensing Rates under the Mail Order and Retail Pharmacy Programs. If Medco fails to achieve the applicable Target Generic Dispensing Rate in any Contract Year during the Initial Term, Medco will provide SPONSOR with a credit against future xxxxxxxx to SPONSOR for such "Generic Dispensing Rate Shortfall" under the Program on a dollar for dollar basis. Any surplus in one channel (Retail Pharmacy or Mail Order) may offset a penalty in the other channel for a given Contract Year. Any deficit incurred on the GDR guarantee in any contract year may be offset by a surplus incurred in another contract year. In accordance with accepted pharmacy procedures, Medco shall encourage the use of Generic Drugs over Brand Drugs by Covered Persons and their prescribers by engaging in activities including explaining the benefits of using Generic Drugs in brochures and informing Covered Persons when Generic Drugs become available as a substitute for Brand Drugs. SPONSOR agrees to assist Medco in communicating to Covered Persons the benefits of using appropriate and available Generic Drugs, and permits Medco to implement, from time-to-time, reasonable generic dispensing programs designed to increase SPONSOR’s GDR. Such programs may include, but are not limited to, developing a physician contact program in which, for prescriptions written for Brand Drugs in which a Generic Drug is available, a Medco pharmacist may contact the prescribing physician to obtain authorization to dispense a Generic Drug. If government actions or acts or omissions by any drug manufacturer or SPONSOR (including a material change in Plan Design) has a material adverse effect on the prescribing of Generic Drugs, SPONSOR, and Medco will modify the target GDRs and/or penalty provisions set forth in this Section on an equitable basis.
Sample 1
Generic Dispensing Rate Guarantee. NATIONAL guarantees a generic dispensing rate of 35% of the total number of scripts dispensed in each of the calendar years 1995, 1996, 1997 and 1998. NATIONAL will provide copies of the Claims Analyses Report (CAR Report) to document the generic substitution rate. The 35% generic dispensing rate reflects the minimum guarantee. NATIONAL is willing to renegotiate the minimum guaranteed generic dispensing rate following any year when the actual generic dispensing rate achieved exceeds the guaranteed rate by 3% or more. Law No. 98-IS-002 Rev. 3/4/98 National Medical Health Card/Prescription Drug/EMHP
Sample 1

Related to Generic Dispensing Rate Guarantee

  • Combination Product The term “

  • Licensed Product “Licensed Product” shall mean any article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within the Patent Rights. For clarity, a “Licensed Product” shall not include other product or material that (a) is used in combination with Licensed Product, and (b) does not constitute an article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within the Patent Rights.

  • Generic Terms All words used herein shall be construed to be of such gender or number as the circumstances require. The words "herein," "hereby," "hereof" and "hereto," and words of similar import, refer to this Agreement in its entirety and not to any particular paragraph, clause or other subdivision, unless otherwise specified, and Section and Exhibit references are to this Agreement unless otherwise specified.

  • Default under Specified Transaction The party, any Credit Support Provider of such party or any applicable Specified Entity of such party (1) defaults under a Specified Transaction and, after giving effect to any applicable notice requirement or grace period, there occurs a liquidation of, an acceleration of obligations under, or an early termination of, that Specified Transaction, (2) defaults, after giving effect to any applicable notice requirement or grace period, in making any payment or delivery due on the last payment, delivery or exchange date of, or any payment on early termination of, a Specified Transaction (or such default continues for at least three Local Business Days if there is no applicable notice requirement or grace period) or (3) disaffirms, disclaims, repudiates or rejects, in whole or in part, a Specified Transaction (or such action is taken by any person or entity appointed or empowered to operate it or act on its behalf);

  • Negotiation of alternative rate of interest If the Agent's notice under Clause 5.8 is served after a Tranche is advanced, the Borrowers, the Agent, the Lenders or (as the case may be) the Affected Lender and the Swap Bank shall use reasonable endeavours to agree, within 30 days after the date on which the Agent serves its notice under Clause 5.8 (the "Negotiation Period"), an alternative interest rate or (as the case may be) an alternative basis for the Lenders or (as the case may be) the Affected Lender to fund or continue to fund their or its Contribution during the Interest Period concerned.

  • Competitive Products Competitive Products" means products that serve the same function as, or that could be used to replace, products the Company provided to, offered to, or was in the process of developing for a present, former, or future possible customer/partner at any time during the twelve (12) months immediately preceding the last day of Participant's employment (or at any time during Participant's employment if Participant was employed for less than 12 months), with which Participant had direct responsibility for the sale or development of such products or managing those persons responsible for the sale or development of such products.

  • Combination Products If a LICENSED PRODUCT is sold to any third party in combination with other products, devices, components or materials that are capable of being sold separately and are not subject to royalties hereunder (“OTHER PRODUCTS,” with the combination of products being referred to as “COMBINATION PRODUCTS” and the Other Product and Licensed Product in such Combination Product being referred to as the “COMPONENTS”), the NET SALES of such LICENSED PRODUCT included in such COMBINATION PRODUCT shall be calculated by multiplying the NET SALES of the COMBINATION PRODUCT by the fraction A/(A+B), where A is the average NET SALES price of such LICENSED PRODUCT in the relevant country, as sold separately, and B is the total average NET SALES price of all OTHER PRODUCTS in the COMBINATION PRODUCT in the relevant country, as sold separately. If, in any country, any COMPONENT is not sold separately, NET SALES for royalty determination shall be determined by the formula [C / (C+D)], where C is the aggregate average fully absorbed cost of the Licensed Product components during the prior Royalty Period and D is the aggregate average fully absorbed cost of the other essential functional components during the prior Royalty Period, with such costs being determined in accordance with generally accepted accounting principles. To the extent that any SUBLICENSE INCOME relates to a COMBINATION PRODUCT or is otherwise calculated based on the value of one or more licenses or intellectual property rights held by the COMPANY, an AFFILIATE or SUBLICENSEE, COMPANY shall determine in good faith and report to THE PARTIES the share of such payments reasonably attributable to COMPANY’s or such AFFILIATE’s sublicense of the rights granted hereunder, based upon their relative importance and proprietary protection, which portion shall be the SUBLICENSE INCOME. THE PARTIES shall have the right to dispute such sharing determination in accordance with the dispute provisions of the AGREEMENT.

  • Notification of rates of interest The Agent shall promptly notify the Lenders and the Borrower of the determination of a rate of interest under this Agreement.

  • Generic Competition If a Licensed Product is sold in a country where a product that is an AB Rated Product with respect to such Licensed Product is sold or marketed by a Third Party pursuant to a regulatory approval for the commercial sale and marketing thereof for human therapeutic or prophylactic use in such country, then the royalty rate applicable under Section 5.1(g)(i) to Net Sales of such Licensed Product in such country shall be reduced to [*] percent ([*]%) of the rate originally stated therein (i.e., reduced to [*]%, [*]%, or [*]%, depending on worldwide Net Sales), effective with respect to all Net Sales of such Licensed Product in such country occurring on or after the first day of the first calendar month following the month during which such AB Rated Product is first sold in such country.

Time is Money Join Law Insider Premium to draft better contracts faster.