Common use of Notice of Obligation Clause in Contracts

Notice of Obligation. to Report Discounts; Anti-Kickback Statute. It is the intent of Customer and Xxxx to comply with the Anti-Kickback Statute (42 U.S.C. §1320a-7b(b)) and the Discount Safe Harbor and Warranties Safe Harbor regulations set forth in 42 C.F.R. 1001.952(h) and (g), respectively. Customer’s price may constitute a ‘discount or other reduction in price’ under the Anti-Kickback Statute. Xxxx will provide Customer with invoices that fully and accurately disclose the discounted price of all Products purchased under this Agreement to allow Customer to comply with the Discount Safe Harbor regulations, including sufficient information to enable it to accurately report its actual cost for all Product purchases. Customer acknowledges that, if applicable, it will fully and accurately report all discounts or other price reductions, including warranty items, in the costs claimed or charges made under any Federal or State healthcare program and provide information upon request to third-party reimbursement programs. Customer will be solely responsible for determining whether any savings or discount or warranty item it receives must be reported to payors. Without limiting anything to the foregoing, Xxxx’x pricing for XEOMIN Therapeutic is not conditioned on any purchase of, or any performance requirement related to, any other Products. To the extent that Customer receives a discount from Xxxx in connection with any purchase, direct or indirect, these Terms of Sale shall constitute notice to purchaser of a discount that it may be obligated to report under applicable laws, including, without limitation, the federal anti-kickback statute, 42 U.S.C. § 1320a-7b(b), and its implementing regulations, 42 C.F.R. 1001.952(h) or (i).