Common use of NONRENEWAL OR TERMINATION Clause in Contracts

NONRENEWAL OR TERMINATION. 7.1 This Agreement shall be effective on the Effective Date and, absent early termination pursuant to the terms of this Agreement, shall continue in force until the Termination Date. 7.2 This Agreement may be terminated by the Department, in whole or as to any Covered Product(s) or NDC(s) without cause as of the end of the calendar Quarter upon ninety (90) days written notice to the Manufacturer. 7.3 This Agreement may be immediately terminated upon the occurrence of any one of the following events: (a) A determination by any court of competent jurisdiction or any authorized governmental authority that the arrangements and transactions under this Agreement constitute a violation of any law or regulation including without limitation 42 U.S.C. § 1320a-7b(b) prohibiting illegal remunerations. (For the purposes of this Section, “authorized governmental authority” shall mean any officer or agency of the Federal Government (e.g., Office of Inspector General, Department of Justice, Department of Health and Human Services) or the State of Iowa (e.g., Iowa Attorney General) having substantive jurisdiction over the subject matter of this Agreement; any state or federal program with which this Agreement is connected; any actions which must be taken by either party hereto in order to perform its obligations under this Agreement or any laws or regulations affecting the legality of this Agreement.); or (b) A modification to 42 C.F.R. § 447.504(c) removing or limiting the exclusion of the State Supplemental Rebate from AMP and/or to 42 C.F.R. § 447.505(c) removing or limiting the exclusion of the State Supplemental Rebate from Best Price. 7.4 Termination of this Agreement shall have no effect upon the rights and obligations of the parties arising out of any transaction occurring prior to the effective date of such termination including, without limitation, State Supplemental Rebates and interest accrued but not yet paid and/or invoiced.

Appears in 6 contracts

Samples: Medicaid Supplemental Drug Rebate Agreement, Medicaid Supplemental Drug Rebate Agreement, Medicaid Supplemental Drug Rebate Agreement

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NONRENEWAL OR TERMINATION. 7.1 7.1. This Agreement shall be effective on the Effective Date and, absent early termination pursuant to the terms of this Agreement, shall continue in force until the Termination Date. 7.2 7.2. This Agreement may be terminated by the Department, in whole or as to any Covered Contracted Product(s) or NDC(s) without cause as of the end of the calendar Quarter quarter upon ninety (90) days written notice to the Manufacturer. 7.3 7.3. This Agreement may be immediately terminated by either party upon the occurrence of any one of the following events: (a) A determination by any court of competent jurisdiction or any authorized governmental authority that the arrangements and transactions under this Agreement constitute a violation of any law or regulation including without limitation 42 U.S.C. § §1320a-7b(b) prohibiting illegal remunerationsremuneration. (For the purposes of this Section, "authorized governmental authority" shall mean any officer or agency of the Federal Government (e.g., Office of Inspector General, Department of Justice, Department of Health and Human Services) or the State of Iowa (e.g., Iowa Attorney General) Pennsylvania having substantive jurisdiction over the subject matter of this Agreement; any state or federal program with which this Agreement is connected; any actions which must be taken by either party hereto in order to perform its obligations under this Agreement or any laws or regulations affecting the legality of this Agreement.); or (b) A modification to 42 C.F.R. § §447.504(c) removing or limiting the exclusion of the State Supplemental Rebate from AMP and/or to 42 C.F.R. § §447.505(c) removing or limiting the exclusion of the State Supplemental Rebate from Best Pricebest price. 7.4 7.4. Termination of this Agreement shall have no effect upon the rights and obligations of the parties arising out of any transaction occurring prior to the effective date of such termination including, without limitation, State Supplemental Rebates and interest accrued but not yet paid and/or invoiced.

Appears in 2 contracts

Samples: Medicaid Supplemental Rebate Agreement, Medicaid Supplemental Rebate Agreement

NONRENEWAL OR TERMINATION. 7.1 This Agreement shall be effective on the Effective Date and, absent early termination pursuant to the terms of this Agreement, shall continue in force until the Termination DateDate or until all obligations set forth in this Agreement are fulfilled, whichever occurs last. 7.2 This Agreement may be terminated by the DepartmentDOM, in whole or as to any Covered Contracted Product(s) or NDC(s) without cause as of the end of the calendar a Quarter upon ninety sixty (9060) days written notice to the Manufacturer. 7.3 This Agreement may be immediately terminated by either party upon the occurrence of any one of the following events: (a) A determination by any court of competent jurisdiction or any authorized governmental authority that the arrangements and transactions under this Agreement or any similar agreement constitute a violation of any law or regulation including without limitation 42 U.S.C. § 1320a-7b(b) prohibiting illegal remunerations. (For the purposes of this Section, “authorized governmental authority” shall mean any officer or agency of the Federal Government (e.g., Office of Inspector General, Department Division of Medicaid Justice, Department of Health and Human Services) or the State of Iowa Mississippi (e.g., Iowa Mississippi Attorney General) having substantive jurisdiction over the subject matter of this Agreement; any state or federal program with which this Agreement is connected; any actions which must be taken by either party hereto in order to perform its obligations under this Agreement or any laws or regulations affecting the legality of this Agreement.); or (b) A modification to 42 C.F.R. § 447.504(c§447.504(h) removing or limiting the exclusion of the State Supplemental Rebate from AMP and/or to 42 C.F.R. § 447.505(c§447.505(d) removing or limiting the exclusion of the State Supplemental Rebate from Best Price. 7.4 Termination of this Agreement shall have no effect upon the rights and obligations of the parties arising out of any transaction occurring prior to the effective date of such termination including, without limitation, State Supplemental Rebates and interest accrued but not yet paid and/or invoiced.

Appears in 1 contract

Samples: Medicaid Supplemental Drug Rebate Agreement

NONRENEWAL OR TERMINATION. 7.1 This Agreement shall be effective on the Effective Date and, absent early termination pursuant to the terms of this Agreement, shall continue in force until the Termination DateDate or until all obligations set forth in this Agreement are fulfilled, whichever occurs last. 7.2 This Agreement may be terminated by the DepartmentXXX, in whole or as to any Covered Contracted Product(s) or NDC(s) without cause as of the end of the calendar a Quarter upon ninety sixty (9060) days written notice to the Manufacturer. 7.3 This Agreement may be immediately terminated by either party upon the occurrence of any one of the following events: (a) A determination by any court of competent jurisdiction or any authorized governmental authority that the arrangements and transactions under this Agreement or any similar agreement constitute a violation of any law or regulation including without limitation 42 U.S.C. § 1320a-7b(b) prohibiting illegal remunerations. (For the purposes of this Section, “authorized governmental authority” shall mean any officer or agency of the Federal Government (e.g., Office of Inspector General, Department Division of Medicaid Justice, Department of Health and Human Services) or the State of Iowa Mississippi (e.g., Iowa Mississippi Attorney General) having substantive jurisdiction over the subject matter of this Agreement; any state or federal program with which this Agreement is connected; any actions which must be taken by either party hereto in order to perform its obligations under this Agreement or any laws or regulations affecting the legality of this Agreement.); or (b) A modification to 42 C.F.R. § 447.504(c§447.504(h) removing or limiting the exclusion of the State Supplemental Rebate from AMP and/or to 42 C.F.R. § 447.505(c§447.505(d) removing or limiting the exclusion of the State Supplemental Rebate from Best Price. 7.4 Termination of this Agreement shall have no effect upon the rights and obligations of the parties arising out of any transaction occurring prior to the effective date of such termination including, without limitation, State Supplemental Rebates and interest accrued but not yet paid and/or invoiced.

Appears in 1 contract

Samples: Medicaid Supplemental Drug Rebate Agreement

NONRENEWAL OR TERMINATION. 7.1 This Agreement shall be effective on the Effective Date and, absent early termination pursuant to the terms of this Agreement, shall continue in force until the Termination Date. 7.2 This Agreement may be terminated by the Department, in whole or as to any Covered Contracted Product(s) or NDC(s) without cause as of the end of the calendar Quarter quarter upon ninety sixty (9060) days written notice to the Manufacturer. 7.3 This Agreement may be immediately terminated by either party upon the occurrence of any one of the following events: (a) A determination by any court of competent jurisdiction or any authorized governmental authority that the arrangements and transactions under this Agreement constitute a violation of any law or regulation including without limitation 42 U.S.C. § 1320a-7b(b) prohibiting illegal remunerationsremuneration. (For the purposes of this Section, “authorized governmental authority” shall mean any officer or agency of the Federal Government (e.g., Office of Inspector General, Department of Justice, Department of Health and Human Services) or the State of Iowa (e.g., Iowa Attorney General) Ohio having substantive jurisdiction over the subject matter of this Agreement; any state or federal program with which this Agreement is connected; any actions which must be taken by either party hereto in order to perform its obligations under this Agreement or any laws or regulations affecting the legality of this Agreement.); or (b) A modification to 42 C.F.R. § U.S.C. §447.504(c) removing or limiting the exclusion of the State Supplemental Rebate from AMP and/or to 42 C.F.R. § U.S.C. §447.505(c) removing or limiting the exclusion of the State Supplemental Rebate from Best Pricebest price. 7.4 Termination of this Agreement shall have no effect upon the rights and obligations of the parties arising out of any transaction occurring prior to the effective date of such termination including, without limitation, State Supplemental Rebates and interest accrued but not yet paid and/or invoiced.

Appears in 1 contract

Samples: Supplemental Rebate Agreement

NONRENEWAL OR TERMINATION. 7.1 7.1. This Agreement shall be effective on the Effective Date as indicated on page one of this Agreement and, absent early termination pursuant to the terms of this Agreement, shall continue in force until the Termination DateDate as indicated on page one of this Agreement. 7.2 7.2. This Agreement may be terminated by the Department, in whole or as to any Covered Contracted Product(s) or NDC(s) without cause as of the end of the calendar Quarter upon ninety thirty (9030) days written notice to the Manufacturer. 7.3 7.3. This Agreement may be immediately terminated by either party upon the occurrence of any one of the following events: (a) A determination by any court of competent jurisdiction or any authorized governmental authority that the arrangements and transactions under this Agreement constitute a violation of any law or regulation including without limitation 42 U.S.C. § §1320a-7b(b) prohibiting illegal remunerationsremuneration. (For the purposes of this Section, "authorized governmental authority" shall mean any officer or agency of the Federal Government (e.g., Office of Inspector General, Department of Justice, Department of Health and Human Services) or the State of Iowa (e.g., Iowa Attorney General) Pennsylvania having substantive jurisdiction over the subject matter of this Agreement; any state or federal program with which this Agreement is connected; any actions which must be taken by either party hereto in order to perform its obligations under this Agreement or any laws or regulations affecting the legality of this Agreement.); or (b) A modification to 42 C.F.R. § §447.504(c) removing or limiting the exclusion of the State Supplemental Rebate from AMP and/or to 42 C.F.R. § §447.505(c) removing or limiting the exclusion of the State Supplemental Rebate from Best Pricebest price. 7.4 7.4. Termination of this Agreement shall have no effect upon the rights and obligations of the parties arising out of any transaction occurring prior to the effective date of such termination including, without limitation, State Supplemental Rebates and interest accrued but not yet paid and/or invoiced.

Appears in 1 contract

Samples: Medicaid Supplemental Rebate Agreement

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NONRENEWAL OR TERMINATION. 7.1 This Agreement shall be effective on the Effective Date and, absent early termination pursuant to the terms of this Agreement, shall continue in force until the Termination Date. 7.2 This Agreement may be terminated by the Department, in whole or as to any Covered Contracted Product(s) or NDC(s) without cause as of the end of the calendar Quarter quarter upon ninety sixty (9060) days written notice to the Manufacturer. 7.3 This Agreement may be immediately terminated by either party upon the occurrence of any one of the following events: (a) A determination by any court of competent jurisdiction or any authorized governmental authority that the arrangements and transactions under this Agreement constitute a violation of any law or regulation including without limitation 42 U.S.C. § 1320a-7b(b) prohibiting illegal remunerationsremuneration. (For the purposes of this Section, “authorized governmental authority” shall mean any officer or agency of the Federal Government (e.g., Office of Inspector General, Department of Justice, Department of Health and Human Services) or the State of Iowa (e.g., Iowa Attorney General) Ohio having substantive jurisdiction over the subject matter of this Agreement; any state or federal program with which this Agreement is connected; any actions which must be taken by either party hereto in order to perform its obligations under this Agreement or any laws or regulations affecting the legality of this Agreement.); or (b) A modification to 42 C.F.R. § CFR §447.504(c) removing or limiting the exclusion of the State Supplemental Rebate from AMP and/or to 42 C.F.R. § CFR §447.505(c) removing or limiting the exclusion of the State Supplemental Rebate from Best Pricebest price. 7.4 Termination of this Agreement shall have no effect upon the rights and obligations andobligations of the parties arising out of any transaction occurring prior to the effective date of such termination including, without limitation, State Supplemental Rebates and interest accrued but not yet paid and/or invoiced.

Appears in 1 contract

Samples: Supplemental Rebate Agreement

NONRENEWAL OR TERMINATION. 7.1 This Agreement shall be effective on the Effective Date and, absent early termination pursuant to the terms of this Agreement, shall continue in force until the Termination Date. 7.2 This Agreement may be terminated by the Department, in whole or as to any Covered Contracted Product(s) or NDC(s) without cause as of the end of the calendar Quarter quarter upon ninety sixty (9060) days written notice to the Manufacturer. 7.3 This Agreement may be immediately terminated by either party upon the occurrence of any one of the following events: (a) A determination by any court of competent jurisdiction or any authorized governmental authority that the arrangements and transactions under this Agreement constitute a violation of any law or regulation including without limitation 42 U.S.C. § 1320a-7b(b) prohibiting illegal remunerationsremuneration. (For the purposes of this Section, “authorized governmental authority” shall mean any officer or agency of the Federal Government (e.g., Office of Inspector General, Department of Justice, Department of Health and Human Services) or the State of Iowa (e.g., Iowa Attorney General) Ohio having substantive jurisdiction over the subject matter of this Agreement; any state or federal program with which this Agreement is connected; any actions which must be taken by either party hereto in order to perform its obligations under this Agreement or any laws or regulations affecting the legality of this Agreement.); or (b) A modification to 42 C.F.R. § CFR §447.504(c) removing or limiting the exclusion of the State Supplemental Rebate from AMP and/or to 42 C.F.R. § CFR §447.505(c) removing or limiting the exclusion of the State Supplemental Rebate from Best Pricebest price. 7.4 Termination of this Agreement shall have no effect upon the rights and obligations of the parties arising out of any transaction occurring prior to the effective date of such termination including, without limitation, State Supplemental Rebates and interest accrued but not yet paid and/or invoiced.

Appears in 1 contract

Samples: Supplemental Rebate Agreement

NONRENEWAL OR TERMINATION. 7.1 This Agreement shall be effective on the Effective Date and, absent early termination pursuant to the terms of this Agreement, shall continue in force until the Termination Date. 7.2 This Agreement may be terminated by the Department, in whole or as to any Covered Product(s) or NDC(s) without cause as of the end of the calendar Quarter quarter upon ninety (90) days written notice to the Manufacturer. 7.3 This Agreement may be terminated by the Manufacturer as of the end of the calendar quarter upon ninety (90) days written notice to the Department for reasons of material breach by the Department, provided that the Department is unable to reasonably cure the breach within such ninety (90) day period. 7.4 This Agreement may be immediately terminated upon the occurrence of any one of the following events: (a) A determination by any court of competent jurisdiction or any authorized governmental authority that the arrangements and transactions under this Agreement or any similar agreement constitute a violation of any law or regulation including without limitation 42 U.S.C. § 1320a-7b(b) prohibiting illegal remunerations. (For the purposes of this Section, “authorized governmental authority” shall mean any officer or agency of the Federal Government (e.g., Office of Inspector General, Department of Justice, Department of Health and Human Services) or the State of Iowa (e.g., Iowa Attorney General) having substantive jurisdiction over the subject matter of this Agreement; any state or federal program with which this Agreement is connected; any actions which must be taken by either party hereto in order to perform its obligations under this Agreement or any laws or regulations affecting the legality of this Agreement.); or (b) A modification to 42 C.F.R. § 447.504(c) removing or limiting the exclusion of determination by CMS that the State Supplemental Rebate from Rebates paid or payable by the Manufacturer under this Agreement will affect or be included in Best Price or AMP and/or calculations for determining rebates paid pursuant to 42 C.F.R. U.S.C. § 447.505(c) removing or limiting the exclusion of the State Supplemental Rebate from Best Price1396r-8. 7.4 Termination of this Agreement shall have no effect upon the rights and obligations of the parties arising out of (c) A determination that any transaction occurring prior to Covered Product is a Line Extension Drug. 7.5 Any renewal or termination will not affect rebates due or owning on or before the effective date of such termination including, without limitation, State Supplemental Rebates and interest accrued but not yet paid and/or invoicedtermination.

Appears in 1 contract

Samples: Iowa Medicaid Supplemental Drug Rebate Agreement

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