Common use of Medicaid Information Clause in Contracts

Medicaid Information. (a) With respect to Product sold by Prometheus after the Commencement Date that bears an NDC number of GSK or any of GSK's Affiliates, Prometheus will deliver to GSK, within fifteen (15) calendar days after the end of each Calendar Quarter or reporting period as designated by CMS to include the following information: (i) on a quarterly basis, the "best price" (as defined under the Social Security Act, 42 USC § 1396r-8(c)(1)(C)) for all Product, identified by NDC number; and (ii) on a monthly and quarterly basis, the average manufacturer price ("AMP") (as defined under the Social Security Act, 42 USC § 1396r-8(k)(1)) and the relevant AMP eligible sales dollar amounts, as well as the number of AMP eligible units for all of such Product, each identified by NDC number. (b) Prometheus agrees to provide to GSK any additional data or other information required for the calculation and reporting of a government mandated price, as well as the calculation of the rebates contemplated in this Section 3.7. Prometheus agrees that GSK may use all information described in this Section 3.7 in reporting to the CMS. Prometheus further agrees that all Medicaid pricing data described in this Section 3.7(b) that is included in any report to GSK will be calculated utilizing systems, processes, policies, practices and pricing methodologies that comply with the requirements of the Medicaid Rebate Law, the Medicaid Regulations, Prometheus' Medicaid agreement, if any, with the Secretary of Health and Human Services and applicable CMS Medicaid rebate program releases. (c) GSK will provide Prometheus with Medicaid pricing data for the Product required to support continued filings with CMS after the transition to Prometheus NDC number, including, Base Date Average Manufacturer's Price as defined under the Medicaid Rebate Law.

Medicaid Information. (ai) With respect to Product sold by Prometheus Purchaser after the Commencement Date that bears an NDC number of GSK Seller or any of GSKSeller's Affiliates, Prometheus Purchaser will deliver to GSKSeller, within fifteen (15) calendar days after the end of each Calendar Quarter or reporting period as designated by CMS the Center for Medicare and Medicaid Services ("CMS") to include the following information: (ia) on a quarterly basis, the "best priceBest Price" (as defined under the Social Security Act, 42 USC § 1396r-8(c)(1)(C)) for all Product, identified by NDC number; and (iib) on a monthly and quarterly basis, the average manufacturer price ("AMP") (as defined under the Social Security Act, 42 USC § 1396r-8(k)(1)) and the relevant AMP eligible sales dollar amounts, as well as the number of AMP eligible units for all of such Product, each identified by NDC number. (bii) Prometheus Purchaser agrees to provide to GSK Seller any additional data or other information required for the calculation and reporting of a government mandated price, as well as the calculation of the rebates contemplated in this Section 3.78.4(f). Prometheus Purchaser agrees that GSK Seller may use all information described in this Section 3.7 8.4(f) in reporting to the CMS. Prometheus Purchaser further agrees that all Medicaid pricing data described in this Section 3.7(b8.4(f)(iii) that is included in any report to GSK Seller will be calculated utilizing systems, processes, policies, practices and pricing methodologies that comply with the requirements of the Medicaid Rebate Law, the Medicaid Regulations, Prometheus' Purchaser's Medicaid agreement, if any, with the Secretary of Health and Human Services and applicable CMS Medicaid rebate program releases. (ciii) GSK Seller will provide Prometheus Purchaser with all applicable Medicaid pricing data for the Product required to support continued filings with CMS after the transition to Prometheus Purchaser's NDC number, including, Base Date Average Manufacturer's Price as defined under the Medicaid Rebate Law.

Medicaid Information. (ai) With respect to Product sold by Prometheus Buyer from and after the Commencement Closing Date that bears an NDC number Number of GSK or any of GSK's AffiliatesSeller, Prometheus Buyer will deliver cause to GSKbe delivered to Seller, within fifteen (15) calendar days after the end of each Calendar Quarter calendar quarter or reporting period as designated by CMS the Center for Medicare and Medicaid Services (“CMS”) to include the following information: (ia) on a quarterly basis, the "best price" “Best Price” (as defined under the Social Security ActSexxxxxx Xxx, 42 USC 00 X.X.X. § 1396r-8(c)(1)(C0000x-0(x)(0)(X)) for all xor Product, identified by NDC numberNumber; and (iib) on a monthly and quarterly basis, the average manufacturer price ("“AMP"”) (as defined under the Social Security ActSexxxxxx Xxx, 42 USC 00 X.X.X. § 1396r-8(k)(10000x-0(x)(0)) and xnd the relevant AMP eligible sales dollar amounts, as well as the number of AMP eligible units for all of such Product, each identified by NDC numberNumber. (bii) Prometheus Buyer agrees to provide cause to GSK be provided to Seller any additional data or other information required for the calculation and reporting of a government mandated price, as well as the calculation of the rebates contemplated in this Section 3.79.1(f)(ii). Prometheus Buyer agrees that GSK Seller may use all information described in this Section 3.7 9.1(f)(ii) in reporting to the CMS. Prometheus Buyer further agrees that all Medicaid pricing data described in this Section 3.7(b9.1(f)(iii) that is included in any report to GSK Seller will be calculated utilizing systems, processes, policies, practices and pricing methodologies that comply with the requirements of the Medicaid Rebate Law, the Medicaid Regulations, Prometheus' Buyer’s or its distributor’s (as applicable) Medicaid agreement, if any, with the Secretary of Health and Human Services and applicable CMS Medicaid rebate program releases. (ciii) GSK Seller will provide Prometheus Buyer with all applicable Medicaid pricing data for the Product required to support continued filings with CMS after the transition to Prometheus Buyer’s NDC numberNumber, including, including Base Date Average Manufacturer's ’s Price as defined under the Medicaid Rebate Law, and such other relevant information reasonably requested by Buyer.