Pricing Disclosure Clause Samples

Pricing Disclosure. (a) Purchaser acknowledges that, by law, it is required to disclose, in any cost reports or claims for reimbursement submitted to Medicare, Medicaid, or certain other health care programs, the cost (including Price Concessions or any other price reductions) of any Device or Components purchased under this Agreement or any Purchase Order and, on request, provide to the U.S. Department of Health and Human Services and any state agencies, any invoices, coupons, statements, and other documentation reflecting such costs for Devices or Components, as applicable. Purchaser may receive subsequent documentation under some programs reflecting adjustments or allocations to the Price Concessions available hereunder. (b) In preparing any documentation referred to in Section 3.2(a), Purchaser may be required to evaluate as a discount, for cost-reporting purposes, the value of any Device or Component listed as $0.00 on any invoice. (c) Purchaser shall not include as a discount, for cost-reporting purposes, the value of any item that is provided by Seller and designated as a sample, or that Purchaser knows constitutes a sample, nor should it seek reimbursement for any such items. (d) Purchaser shall retain a copy of this Agreement and any other documentation provided by Seller regarding any Price Concessions provided under this Agreement or any Purchase Orders for Devices or Components. Upon Purchaser’s reasonable request in writing, Seller shall provide reasonable additional information to Purchaser if and to the extent required to assist Purchaser to meet its reporting or disclosure obligations under this Section 3.2.

Pricing Disclosure. (a) Customer is advised of Customer’s and each Customer Affiliate’s obligations to comply with the AKS discount safe harbor (42 C.F.R. § 1001.952(h)), including the obligation to fully and accurately disclose, in any cost reports or claims for reimbursement submitted to Medicare, Medicaid, or other health care programs, the net cost (including Price Concessions or any other price reductions) of any Products purchased under this Agreement or any amounts paid pursuant to any Purchase Order or Quote, and, on request, provide to the U.S. Department of Health and Human Services and any state agencies, any invoices, coupons, statements, and other documentation provided by Nevro to Customer and/or Customer Affiliates, as appropriate, under this Agreement; (b) Customer agrees, and will contractually require each Customer Affiliate to agree, to appropriately account for all Price Concessions received under this Agreement in all costs reports or claims to third party payors, including Medicare and Medicaid, even if Customer and/or Customer Affiliates allocate Price Concessions among themselves differently; (c) Customer shall not seek, and Customer shall contractually prohibit Customer Affiliates from seeking, reimbursement for any items provided by Nevro to Customer and/or Customer Affiliates at no cost, including those items that are provided as a sample, demonstration product, or other loaned product; (d) Customer shall, and Customer shall contractually require each Customer Affiliate to, retain a copy of this Agreement and any other documentation provided by Nevro regarding any Price Concessions provided under this Agreement or any Purchase Orders for Products, and upon Customer’s reasonable request in writing, Nevro shall provide reasonable additional information to Customer if and to the extent required to assist Customer to meet its reporting or disclosure obligations under this Section 3.2; (e) Customer represents and warrants that all Products purchased under this Agreement, including any Products obtained via a credit, will be used only in the Setting, and Customer further represents and warrants that it will only seek, and will contractually require Customer Affiliates to only seek, reimbursement from third party payors, including federal healthcare programs, for use of such Products under the methodology for this Setting; and (f) Customer represents and warrants that it will not charge Customer Affiliates a fee to purchase under this Agreement and that Cu...

Pricing Disclosure. (a) The Customer acknowledges that, by law, it is required to disclose, in any cost reports or claims for reimbursement submitted to Medicare, Medicaid, or certain other health care programs, the cost (including, but not limited to, Price Concessions or any other price reductions) of any Product purchased under this agreement and, on request, provide to the U.S. Department of Health and Human Services and any state agencies, any invoices, coupons, statements, and other documentation reflecting such costs for Products. The Customer may receive subsequent documentation under some programs reflecting adjustments or allocations to the Price Concessions available hereunder. (b) In preparing any documentation referred to in Section 2.16 (a), the Customer may be required to evaluate as a discount, for cost-reporting purposes, the value of any Product listed as $0.00 on any invoice. (c) The Customer should not include as a discount, for cost-reporting purposes, the value of any item that is designated as a sample, or that the Customer knows constitutes a sample, nor should it seek reimbursement for any such items. (d) The Company recommends that the Customer retain a copy of this agreement and any other documentation provided by the Company regarding any Price Concessions under this agreement. (e) The Customer may request additional information from the Company to meet its reporting or disclosure obligations by writing to the Company at the address stated in Section 2.5.