Common use of Pricing Disclosure Clause in Contracts

Pricing Disclosure. (a) Customer is advised of Customer’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 under this Agreement; (b) Customer shall not seek reimbursement for any items provided by Nevro to Customer at no cost, including those items provided as a sample, demonstration product, or other loaned product; (c) Customer shall 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; and (d) Customer represents and warrants that all Products purchased under this Agreement, including any Products obtained via a credit, will be used only in the same site of service setting, and Customer further represents and warrants that it will only seek reimbursement from third party payors, including federal healthcare programs, for use of such Products under the methodology for this setting.

Pricing Disclosure. (a) Customer is advised of Customer’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 under this Agreement; (b) Customer shall not seek reimbursement for any items provided by Nevro to Customer at no cost, including those items provided as a sample, demonstration product, or other loaned product; (c) Customer shall 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; and and (d) Customer represents and warrants that all Products purchased under this Agreement, including any Products obtained via a credit, will be used only in the same site of service setting, and Customer further represents and warrants that it will only seek reimbursement from third party payors, including federal healthcare programs, for use of such Products under the methodology for this setting.