Common use of Parameters of Primary Servicing Clause in Contracts

Parameters of Primary Servicing. The Primary Servicer Responsibilities shall be performed within the following parameters: (i) Subject to the review and authority of the Purchaser and except as otherwise provided herein, the Provider shall have full power and authority to take all actions that it may deem necessary or desirable, consistent in all material respects with its existing policies and procedures with respect to the administration and servicing of accounts receivable, in connection with the administration and servicing of Batch Receivables. Without limiting the generality of the foregoing, the Provider shall, in the performance of its servicing obligations hereunder, act in accordance with all legal requirements and subject to the terms and conditions of the Agreement. The Provider agrees that the Primary Servicing Fee has been calculated to cover all costs and expenses incurred in the performance of its servicing obligations hereunder and no other reimbursement of costs and expenses shall be payable to the Servicer. (ii) The Provider shall not be entitled to sue xx enforce or collect any Batch Receivable without the prior written consent of the Purchaser unless the Provider shall have repurchased such Batch Receivable in accordance with the Agreement. (iii) The Provider shall not change in any material respect its existing policies and procedures with respect to the administration and servicing of accounts receivable (including, without limitation, the amount and timing of write-offs) without the prior written consent of the Purchaser. (iv) The Provider will be responsible for the monitoring and collection of the Batch Receivables, including, without limitation, contacting Obligors that have not made payment on their respective Batch Receivables within the customary time period for such Obligor, and resubmitting any claim rejected by an Obligor due to incomplete information. (v) If the Provider determines that a payment with respect to a Batch Receivable has been received directly by a patient or any other Person, the Provider shall promptly advise the Purchaser, and the Provider shall promptly demand that such patient or other Person remit and return such funds. If such funds are not promptly received by the Provider, the Provider shall take all reasonable steps to obtain such funds. (vi) Notwithstanding anything to the contrary contained herein, the Provider may not amend, waive or otherwise permit or agree to any deviation from the terms or conditions of any Batch Receivable in any material respect without the prior consent of the Purchaser.

Parameters of Primary Servicing. The Primary Servicer Servicing Responsibilities shall be performed within the following parameters: (i) Subject to the review and authority of the Purchaser Collateral Manager and the Agent and except as otherwise provided herein, the Provider Borrower shall have full power and authority to take all actions that it may deem necessary or desirable, consistent in all material respects with its existing policies and procedures with respect to the administration and servicing of accounts receivable, in connection with the administration and servicing of Batch its Receivables. Without limiting the generality of the foregoing, the Provider Borrower shall, in the performance of its servicing obligations hereunder, act in accordance with all legal requirements and subject to the terms and conditions of the this Collateral Management Agreement. The Provider agrees that the Primary Servicing Fee has been calculated to cover all costs and expenses incurred in the performance of its servicing obligations hereunder and no other reimbursement of costs and expenses shall be payable to the Servicer. (ii) The Provider shall not During the continuance of an Event of Default, at the Collateral Manager’s request or the Agent’s request, all enforcement and collection proceedings with respect to the Receivables shall, unless prohibited by applicable law, be entitled to sue xx enforce or collect any Batch Receivable without instituted and prosecuted in the prior written consent name of the Purchaser unless the Provider shall have repurchased such Batch Receivable in accordance with the AgreementCollateral Agent. (iii) The Provider No Borrower shall not change in any material respect its existing policies and procedures with respect to the administration and servicing of accounts receivable (including, without limitation, the amount and timing of write-offs) without the prior written consent of the PurchaserCollateral Manager (with contemporaneous written notice thereof (in reasonable detail) to the Agent). (iv) The Provider Borrower will be responsible for the monitoring and collection of collecting the Batch Receivables, including, without limitation, contacting Obligors that have not made payment on their respective Batch Receivables within the customary time period for such Obligor, and resubmitting any claim rejected by an Obligor due to incomplete information. (v) If the Provider Borrower determines that a payment with respect to a Batch Receivable has been received directly by a patient pharmacy or any other Person, the Provider Borrower shall promptly advise the PurchaserCollateral Manager, and the Provider Collateral Manager shall be entitled to presume that the reason such payment was made to such pharmacy or other Person was because of a breach of representation or warranty in this Collateral Management Agreement with respect to such Receivable (such as, by way of example, the forms related to such Receivable not being properly completed so as to provide for direct payment by the Obligor to the applicable Borrower), unless such Borrower shall demonstrate that such is not the case. In the case of any such Receivable which is determined not to be a Denied Receivable, the Borrower shall promptly demand that such patient pharmacy or other Person remit and return such funds. If such funds are not promptly received by the Providerapplicable Borrower, the Provider Borrower shall take all reasonable steps to obtain such funds. (vi) Notwithstanding anything to the contrary contained herein, the Provider no Borrower may not amend, waive or otherwise permit or agree to any deviation from the terms or conditions of any Batch Receivable in any material respect without the prior consent of the PurchaserCollateral Manager.

Parameters of Primary Servicing. The Primary Servicer Responsibilities shall be performed within the following parameters: (i) Subject to the review and authority of the Purchaser Agent and except as otherwise provided herein, the Provider Primary Servicer shall have full power and authority to take all actions that it may deem necessary or desirable, consistent in all material respects with its existing policies and procedures with respect to the administration and servicing of accounts receivable, in connection with the administration and servicing of Batch Receivables. Without limiting the generality of the foregoing, the Provider Primary Servicer shall, in the performance of its servicing obligations hereunder, act in accordance with all legal requirements and subject to the terms and conditions of the Agreement. The Provider agrees that the Primary Servicing Fee has been calculated to cover all costs and expenses incurred in the performance of its servicing obligations hereunder and no other reimbursement of costs and expenses shall be payable to the Servicer. (ii) The Provider Primary Servicer shall not be entitled to sue xx xxx to enforce or collect any Batch Receivable without the prior written consent of the Purchaser unless the Provider shall have repurchased such Batch Receivable in accordance with the AgreementAgent. (iii) The Provider Primary Servicer shall not change in any material respect its existing policies and procedures with respect to the administration and servicing of accounts receivable (including, without limitation, the amount and timing of write-offs) without the prior written consent of the PurchaserAgent. (iv) The Provider Primary Servicer will be responsible for the monitoring and collection of collecting the Batch Receivables, including, without limitation, contacting Obligors that have not made payment on their respective Batch Receivables within the customary time period for such Obligor, and resubmitting any claim rejected by an Obligor due to incomplete information. (v) If the Provider Primary Servicer determines that a payment with respect to a Batch Receivable has been received directly by a patient or any other Person, the Provider Primary Servicer shall promptly advise the PurchaserAgent, and the Provider Agent shall be entitled to presume that the reason such payment was made to such other Person was because of a breach of representation or warranty in the Agreement with respect to such Receivable (such as, by way of example, the forms related to such Receivable not being properly completed so as to provide for direct payment by the Obligor to the Primary Servicer), unless the Primary Servicer shall demonstrate that such is not the case. In the case of any such Receivable which is determined not to be a Denied Receivable, the Primary Servicer shall promptly demand that such patient or other Person remit and return such funds. If such funds are not promptly received by the Providerapplicable Borrower, the Provider Primary Servicer shall take all reasonable steps to obtain such funds. (vi) Notwithstanding anything to the contrary contained herein, the Provider no Borrower may not amend, waive or otherwise permit or agree to any deviation from the terms or conditions of any Batch Receivable in any material respect without the prior consent of the PurchaserAgent. (vii) The Primary Servicer shall take no action inconsistent with the Agent's Lien in the Receivables.

Parameters of Primary Servicing. The Primary Servicer Responsibilities shall be performed within the following parameters: (i) Subject to the review and authority of the Purchaser and except as otherwise provided herein, the Provider Primary Servicer shall have full power and authority to take all actions that it may deem necessary or desirable, consistent in all material respects with its existing policies and procedures with respect to the administration and servicing of accounts receivable, in connection with the administration and servicing of Batch Receivables. Without limiting the generality of the foregoing, the Provider Primary Servicer shall, in the performance of its servicing obligations hereunder, act in accordance with all legal requirements and subject to the terms and conditions of the Agreement. The Provider Primary Servicer agrees that the Primary Servicing Fee has been calculated to cover all costs and expenses incurred in the performance of its servicing obligations hereunder and no other reimbursement of costs and expenses shall be payable to the Primary Servicer. (ii) The Provider Primary Servicer shall not be entitled to sue xx to enforce or collect any Batch Receivable without the xxe prior written consent of the Purchaser unless the Provider Primary Servicer shall have repurchased purchased such Batch Receivable in accordance with the Agreement. (iii) The Provider Primary Servicer shall not change in any material respect its existing policies and procedures with respect to the administration and servicing of accounts receivable (including, without limitation, the amount and timing of write-offs) without the prior written consent of the Purchaser. (iv) The Provider Primary Servicer will be responsible for the monitoring and collection of collecting the Batch Receivables, including, without limitation, contacting Obligors that have not made payment on their respective Batch Receivables within the customary time period for such Obligor, and resubmitting any claim rejected by an Obligor due to incomplete information. (v) If the Provider Primary Servicer determines that a payment with respect to a Batch Receivable has been received directly by a patient or any other Person, the Provider Primary Servicer shall promptly advise the Purchaser, and the Provider Purchaser shall be entitled to presume that the reason such payment was made to such patient or other Person was because of a breach of representation or warranty in the Agreement with respect to such Batch Receivable (such as, by way of example, the forms related to such Batch Receivable not being properly completed so as to provide for direct payment by the Obligor to the Primary Servicer), unless the Primary Servicer shall demonstrate that such is not the case. In the case of any such Batch Receivable which is determined not to be a Denied Receivable, the Primary Servicer shall promptly demand that such patient or other Person remit and return such funds. If such funds are not promptly received by the relevant Provider, the Provider Primary Servicer shall take all reasonable steps to obtain such funds. (vi) Notwithstanding anything to the contrary contained herein, the Provider Primary Servicer may not amend, waive or otherwise permit or agree to any deviation from the terms or conditions of any Batch Receivable in any material respect without the prior consent of the Purchaser.

Parameters of Primary Servicing. The Primary Servicer Responsibilities shall be performed within the following parameters: (i) Subject to the review and authority of the Purchaser and except as otherwise provided herein, the Provider Primary Servicer shall have full power and authority to take all actions that it may deem necessary or desirable, consistent in all material respects with its existing policies and procedures with respect to the administration and servicing of accounts receivable, in connection with the administration and servicing of Batch Receivables. Without limiting the generality of the foregoing, the Provider Primary Servicer shall, in the performance of its servicing obligations hereunder, act in accordance with all legal requirements and subject to the terms and conditions of the Agreement. The Provider Primary Servicer agrees that the Primary Servicing Fee has been calculated to cover all costs and expenses incurred in the performance of its servicing obligations hereunder and no other reimbursement of costs and expenses shall be payable to the Primary Servicer. (ii) The Provider Primary Servicer shall not be entitled to sue xx xxx to enforce or collect any Batch Receivable without the prior written consent of the Purchaser unless the Provider Primary Servicer shall have repurchased such Batch Receivable in accordance with the Agreement. (iii) . The Provider Primary Servicer shall not change in any material respect its existing policies and procedures with respect to the administration and servicing of accounts receivable (including, without limitation, the amount and timing of write-offs) without the prior written consent of the Purchaser. (iviii) The Provider Primary Servicer will be responsible for the monitoring and collection of collecting the Batch Receivables, including, without limitation, contacting Obligors that have not made payment on their respective Batch Receivables within the customary time period for such Obligor, and resubmitting any claim rejected by an Obligor due to incomplete information. (viv) If the Provider Primary Servicer determines that a payment with respect to a Batch Receivable has been received directly by a patient pharmacy or any other Person, the Provider Primary Servicer shall promptly advise the Purchaser, and the Provider Purchaser shall be entitled to presume that the reason such payment was made to such pharmacy or other Person was because of a breach of representation or warranty in the Agreement with respect to such Batch Receivable (such as, by way of example, the forms related to such Batch Receivable not being properly completed so as to provide for direct payment by the Obligor to the Primary Servicer), unless the Primary Servicer shall demonstrate that such is not the case. In the case of any such Batch Receivable which is determined not to be a Denied Receivable, the Primary Servicer shall promptly demand that such patient pharmacy or other Person remit and return such funds. If such funds are not promptly received by the Provider, the Provider Primary Servicer shall take all reasonable steps to obtain such funds. (vi) Notwithstanding anything to the contrary contained herein, the Provider may not amend, waive or otherwise permit or agree to any deviation from the terms or conditions of any Batch Receivable in any material respect without the prior consent of the Purchaser.

Parameters of Primary Servicing. The Primary Servicer Responsibilities shall be performed within the following parameters: (i) Subject to the review and authority of the Purchaser and except as otherwise provided herein, the each Provider shall have full power and authority to take all actions that it may deem necessary or desirable, consistent in all material respects with its existing policies and procedures with respect to the administration and servicing of accounts receivable, in connection with the administration and servicing of Batch Receivables. Without limiting the generality of the foregoing, the each Provider shall, in the performance of its servicing obligations hereunder, act in accordance with all legal requirements and subject to the terms and conditions of the Agreement. The Each Provider agrees that the Primary Servicing Fee has been calculated to cover all costs and expenses incurred in the performance of its servicing obligations hereunder and no other reimbursement of costs and expenses shall be payable to the Servicer. (ii) The A Provider shall not be entitled to sue xx xxx to enforce or collect any Batch Receivable without the prior written consent of the Purchaser unless the such Provider shall have repurchased such Batch Receivable in accordance with the Agreement. (iii) The No Provider shall not change in any material respect its existing policies and procedures with respect to the administration and servicing of accounts receivable (including, without limitation, the amount and timing of write-offs) without the prior written consent of the Purchaser. (iv) The Each Provider will be responsible for the monitoring and collection of the Batch Receivables, including, without limitation, contacting Obligors that have not made payment on their respective Batch Receivables within the customary time period for such Obligor, and resubmitting any claim rejected by an Obligor due to incomplete information. (v) If the a Provider determines that a payment with respect to a Batch Receivable has been received directly by a patient or any other Person, the such Provider shall promptly advise the Purchaser, and the Purchaser shall be entitled to presume that the reason such payment was made to such patient or other Person was because of a breach of representation or warranty in the Agreement with respect to such Batch Receivable (such as, by way of example, the forms related to such Batch Receivable not being properly completed so as to provide for direct payment by the Obligor to such Provider), unless such Provider shall demonstrate that such is not the case. In the case of any such Batch Receivable which is determined not to be a Denied Receivable, each Provider shall promptly demand that such patient or other Person remit and return such funds. If such funds are not promptly received by the applicable Provider, the such Provider shall take all reasonable steps to obtain such funds. (vi) Notwithstanding anything to the contrary contained herein, the no Provider may not amend, waive or otherwise permit or agree to any deviation from the terms or conditions of any Batch Receivable in any material respect without the prior consent of the Purchaser.

Parameters of Primary Servicing. The Primary Servicer Servicing Responsibilities shall be performed within the following parameters: (i) Subject to the review and authority of the Purchaser Lender and the Program Manager and except as otherwise provided herein, the Provider each Borrower shall have full power and authority to take all actions that it may deem necessary or desirable, consistent in all material respects with its existing policies and procedures with respect to the administration and servicing of accounts receivable, in connection with the administration and servicing of Batch its Receivables. Without limiting the generality of the foregoing, the Provider each Borrower shall, in the performance of its servicing obligations hereunder, act in accordance with all legal requirements and subject to the terms and conditions of the Agreement. The Provider agrees that the Primary Servicing Fee has been calculated to cover all costs and expenses incurred in the performance of its servicing obligations hereunder and no other reimbursement of costs and expenses shall be payable to the Servicer. (ii) The Provider shall not During the continuance of an Event of Default, at the Lender’s or Program Manager’s request, all enforcement and collection proceedings with respect to the Receivables shall, unless prohibited by applicable law, be entitled to sue xx enforce or collect any Batch Receivable without instituted and prosecuted in the prior written consent name of the Purchaser unless the Provider shall have repurchased such Batch Receivable in accordance with the AgreementLender. (iii) The Provider No Borrower shall not change in any material respect its existing policies and procedures with respect to the administration and servicing of accounts receivable (including, without limitation, the amount and timing of write-offs) without the prior written consent of the PurchaserLender. (iv) The Provider Borrowers will be responsible for the monitoring and collection of collecting the Batch Receivables, including, without limitation, contacting Obligors that have not made payment on their respective Batch Receivables within the customary time period for such Obligor, and resubmitting any claim rejected by an Obligor due to incomplete information. (v) If the Provider any Borrower determines that a payment with respect to a Batch Receivable has been received directly by a patient pharmacy or any other Person, the Provider Borrowers shall promptly advise the PurchaserLender, and the Provider Lender shall be entitled to presume that the reason such payment was made to such pharmacy or other Person was because of a breach of representation or warranty in the Agreement with respect to such Receivable (such as, by way of example, the forms related to such Receivable not being properly completed so as to provide for direct payment by the Obligor to the applicable Borrower), unless such Borrower shall demonstrate that such is not the case. In the case of any such Receivable which is determined not to be a Denied Receivable, the Borrowers shall promptly demand that such patient pharmacy or other Person remit and return such funds. If such funds are not promptly received by the Providerapplicable Borrower, the Provider Borrowers shall take all reasonable steps to obtain such funds. (vi) Notwithstanding anything to the contrary contained herein, the Provider no Borrower may not amend, waive or otherwise permit or agree to any deviation from the terms or conditions of any Batch Receivable in any material respect without the prior consent of the PurchaserLender.

Parameters of Primary Servicing. The Primary Servicer Responsibilities shall be performed within the following parameters: (i) Subject to the review and authority of the Purchaser and except as otherwise provided herein, the Provider Primary Servicer shall have full power and authority to take all actions that it may deem necessary or desirable, consistent in all material respects with its existing policies and procedures with respect to the administration and servicing of accounts receivable, in connection with the administration and servicing of Batch Receivables. Without limiting the generality of the foregoing, the Provider Primary Servicer shall, in the performance of its servicing obligations hereunder, act in accordance with all legal requirements and subject to the terms and conditions of the Agreement. The Provider Primary Servicer agrees that the Primary Servicing Fee has been calculated to cover all costs and expenses incurred in the performance of its servicing obligations hereunder and no other reimbursement of costs and expenses shall be payable to the Primary Servicer. (ii) The Provider Primary Servicer shall not be entitled to sue xx to enforce or collect any Batch Receivable without the xxx prior written consent of the Purchaser unless the Provider Primary Servicer shall have repurchased purchased such Batch Receivable in accordance with the Agreement. (iii) The Provider Primary Servicer shall not change in any material respect its existing policies and procedures with respect to the administration and servicing of accounts receivable (including, without limitation, the amount and timing of write-offs) without the prior written consent of the Purchaser. (iv) The Provider Primary Servicer will be responsible for the monitoring and collection of collecting the Batch Receivables, including, without limitation, contacting Obligors that have not made payment on their respective Batch Receivables within the customary time period for such Obligor, and resubmitting any claim rejected by an Obligor due to incomplete information. (v) If the Provider Primary Servicer determines that a payment with respect to a Batch Receivable has been received directly by a patient pharmacy or any other Person, the Provider Primary Servicer shall promptly advise the Purchaser, and the Provider Purchaser shall be entitled to presume that the reason such payment was made to such pharmacy or other Person was because of a breach of representation or warranty in the Agreement with respect to such Batch Receivable (such as, by way of example, the forms related to such Batch Receivable not being properly completed so as to provide for direct payment by the Obligor to the Primary Servicer), unless the Primary Servicer shall demonstrate that such is not the case. In the case of any such Batch Receivable which is determined not to be a Denied Receivable, the Primary Servicer shall promptly demand that such patient pharmacy or other Person remit and return such funds. If such funds are not promptly received by the relevant Provider, the Provider Primary Servicer shall take all reasonable steps to obtain such funds. (vi) Notwithstanding anything to the contrary contained herein, the Provider Primary Servicer may not amend, waive or otherwise permit or agree to any deviation from the terms or conditions of any Batch Receivable Receivable, other than pursuant to the Credit and Collection Policy, in any material respect without the prior consent of the Purchaser.

Parameters of Primary Servicing. The Primary Servicer Servicing Responsibilities shall be performed within the following parameters: (i) Subject to the review and authority of the Purchaser Agent and except as otherwise provided herein, the Provider Borrower shall have full power and authority to take all actions that it may deem necessary or desirable, consistent in all material respects with its existing policies the Credit and procedures Collection Policy with respect to the administration and servicing of accounts receivable, in connection with the administration and servicing of Batch Receivables. Without limiting the generality of the foregoing, the Provider Borrower shall, in the performance of its servicing obligations hereunder, act in accordance with all legal requirements and subject to the terms and conditions of the Agreement. The Provider agrees that the Primary Servicing Fee has been calculated to cover all costs and expenses incurred in the performance of its servicing obligations hereunder and no other reimbursement of costs and expenses shall be payable to the Servicer. (ii) The Provider shall not During the continuance of an Event of Default, subject to the Orders, at the Agent’s request, all enforcement and collection proceedings shall, unless prohibited by applicable law, be entitled to sue xx enforce or collect any Batch Receivable without instituted and prosecuted in the prior written consent name of the Purchaser unless the Provider shall have repurchased such Batch Receivable in accordance with the AgreementAgent. (iii) The Provider Subject to the Orders, the Borrower shall not change in any material respect its existing policies and procedures with respect to the administration and servicing of accounts receivable (including, without limitation, the amount and timing of write-offs) without the prior written consent of the PurchaserAgent. (iv) The Provider Borrower will be responsible for the monitoring and collection of collecting the Batch Receivables, including, without limitation, contacting Obligors that have not made payment on their respective Batch Receivables within the customary time period for such Obligor, and resubmitting any claim rejected by an Obligor due to incomplete information. (v) If the Provider Borrower determines that a payment with respect to a Batch Receivable has been received directly by a patient or any other Person, the Provider Borrower shall promptly advise the PurchaserAgent, and the Provider Agent shall be entitled to presume that the reason such payment was made to such patient or other Person was because of a breach of representation or warranty in the Agreement with respect to such Receivable (such as, by way of example, the forms related to such Receivable not being properly completed so as to provide for direct payment by the Obligor to the Borrower), unless the Borrower shall demonstrate that such is not the case. In the case of any such Receivable which is determined not to be a Denied Receivable, the Borrower shall promptly demand that such patient or other Person remit and return such funds. If such funds are not promptly received by the ProviderBorrower, the Provider Borrower shall take all reasonable steps to obtain such funds. (vi) Notwithstanding anything to the contrary contained herein, neither the Provider Borrower nor any Guarantor may not amend, waive or otherwise permit or agree to any deviation from the terms or conditions of any Batch Receivable (other than a Denied Receivable) in any material respect a manner inconsistent with the Credit and Collection Policy without the prior consent of the PurchaserAgent.