Common use of Permitted Returns Clause in Contracts

Permitted Returns. Each Facility Operator may return to the applicable Pharmacy any unused Products provided to the Facility Operator by a Pharmacy Operator for which Ceres has (or has agreed to assume) financial responsibility as provided in Section 9 above, provided each of the following requirements is satisfied with respect to the Products being returned: (i) The return is not prohibited by, and is made in accordance with the requirements of, applicable federal and state laws, rules and regulations regarding drug product returns; (ii) The Products being returned are not (A) controlled substances, (B) Products requiring refrigeration, (C) Products that were specially ordered for the Facility Operator or resident, (D) contained in a partially-used “bingo card,” “punch card” or other similar packaging, unless accepted for return by PharMerica or another Pharmacy Operator (except, in the case of a particular Product, where PharMerica or the applicable Pharmacy Operator has accepted, prior to the Effective Date, the return of such Product in a partially-used “bingo card,” “punch card” or other similar packaging), or (E) infusion therapy admixtures, unless in original, unopened manufacturer packaging; (iii) Upon the receipt of such returned Products by the applicable Pharmacy Operator, applicable federal and state laws, rules and regulations regarding the re-use of returned drug products expressly permit the Pharmacy Operator to re-dispense such returned Products; (iv) The applicable Pharmacy Operator determines in its sole discretion that the supply chain integrity of such returned Products has not been compromised in any manner; and (v) After any necessary repackaging of such returned Products by the applicable Pharmacy Operator within three (3) days after its receipt of the Returned Products, the expiration date of such returned Products is no less than ninety (90) days from the date the returned Products are received by the applicable Pharmacy as determined by the Pharmacy Operator in its reasonable discretion; provided, however, if Short-Dated Product was dispensed originally and partially used, no expiration date limitation will apply with respect to the return of such Product.

Permitted Returns. Each Facility Operator may return to the applicable Pharmacy any unused Products provided to the Facility Operator by a Pharmacy Operator for which Ceres has (or has agreed to assume) financial responsibility as provided in Section 9 above, provided each of the following requirements is satisfied with respect to the Products being returned: (i) The return is not prohibited by, and is made in accordance with the requirements of, applicable federal and state laws, rules and regulations regarding drug product returns; (ii) The Products being returned are not (A) controlled substances, (B) Products requiring refrigeration, (C) Products that were specially ordered for the Facility Operator or resident, (D) contained in a partially-used “bingo card,” “punch card” or other [*] CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. similar packaging, unless accepted for return by PharMerica or another Pharmacy Operator (except, in the case of a particular Product, where PharMerica or the applicable Pharmacy Operator has accepted, prior to the Effective Date, the return of such Product in a partially-used “bingo card,” “punch card” or other similar packaging), or (E) infusion therapy admixtures, unless in original, unopened manufacturer packaging; (iii) Upon the receipt of such returned Products by the applicable Pharmacy Operator, applicable federal and state laws, rules and regulations regarding the re-use of returned drug products expressly permit the Pharmacy Operator to re-dispense such returned Products; (iv) The applicable Pharmacy Operator determines in its sole discretion that the supply chain integrity of such returned Products has not been compromised in any manner; and (v) After any necessary repackaging of such returned Products by the applicable Pharmacy Operator within three (3) days after its receipt of the Returned Products, the expiration date of such returned Products is no less than ninety (90) days from the date the returned Products are received by the applicable Pharmacy as determined by the Pharmacy Operator in its reasonable discretion; provided, however, if Short-Dated Product was dispensed originally and partially used, no expiration date limitation will apply with respect to the return of such Product.