Relationship to Participating Pharmacies Sample Clauses

Relationship to Participating Pharmacies. Client acknowledges and agrees that, except for Participating Pharmacies that are owned and/or controlled by PBM, Participating Pharmacies are independent contractors and not subcontractors or agents of PBM, and PBM does not exercise control over the professional judgment of any pharmacist dispensing prescriptions or otherwise providing pharmaceutical related services at a Participating Pharmacy. Nothing in this Agreement shall be construed to supersede the dispensing pharmacist’s professional judgment with regard to dispensing or refusal to dispense any Covered Drug to a Member. Client agrees that PBM shall have no liability to Client or any Member for a claim resulting from any act or omission of any Participating Pharmacy or its agents or employees, and PBM shall not be held liable or responsible for the accuracy, efficacy, or timely receipt of Covered Drugs, prescription orders, or any other directions issued by Providers to supply Covered Drugs to a Member.
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