Common use of Returns and Replacement Clause in Contracts

Returns and Replacement. In the event that SDS-purchased Product is damaged in transit as a result of SDS’s negligence or its designated shipper, SDS will replace the Product to the Patient free of charge once the damaged Product is returned to SDS. SDS will monitor all reports of lost Product for the potential for abuse and diversion. SDS will cooperate with state and federal authorities fully in any investigations of lost Product, and will provide reports of such loss to Orphan on a monthly basis for the purpose of allowing Orphan to track the Product and satisfy its FDA reporting requirements. SDS will investigate the loss of Product by interviewing the Patient, and/or physician, report the loss to Orphan and to the appropriate regulatory authorities, as required by law, and record the loss in the Patient’s file. Where there is suspicion of abuse of diversion, SDS will contact the Orphan designee responsible for DEA issues, and lost Product will not be replaced without Orphan’s approval. Where abuse or diversion is not suspected, SDS will replace the lost Product at no charge to the Patient in the event such loss is the result of SDS’s negligence or its designated shipper and record the shipment in the Patient file. SDS will treat a repeat request for lost Product as a suspicion of abuse or diversion and report to the Orphan designee responsible for DEA issues, and SDS will not replace the lost Product without Orphan’s approval. For damaged Product, SDS will make a good faith effort to arrange for the damaged Product to be returned to SDS. Upon receipt of damaged Product, SDS will keep the damaged Product in a secure locked area, and will dispose of it at SDS’s cost in compliance with the applicable SOP for destruction of Product. SDS shall not be required to disclose any Patient Confidential Information to Orphan pursuant to this Section 3.6 to the extent such disclosure is not permitted under HIPAA and other federal and state law.

Returns and Replacement. In the event that SDS-purchased (A) Product is damaged in transit as a result of SDS’s negligence or its designated shipperdestroyed after title to such Product is transferred to ESSDS pursuant to Subsection 3.1(b) and (B) such damage or destruction [ * ], SDS ESSDS will replace the Product to the Patient free of charge once the damaged Product is returned to SDSESSDS. SDS ESSDS will monitor all reports of lost Product for the potential for abuse and diversion. SDS CuraScript and ESSDS will cooperate with state and federal authorities fully in any investigations of lost Product, and will promptly provide reports of such loss to Orphan on a monthly basis Jazz Pharmaceuticals within 1 week from ESSDS’s conclusion of its investigation for the purpose of allowing Orphan Jazz Pharmaceuticals to track the Product and satisfy its FDA reporting requirements. SDS ESSDS will investigate the loss of Product by interviewing the Patient, and/or physician, report the loss to Orphan Jazz Pharmaceuticals and to the appropriate regulatory authorities, as required by law, and record the loss in the Patient’s file. Where there is suspicion of abuse of or diversion, SDS ESSDS will immediately contact the Orphan Jazz Pharmaceuticals designee identified to ESSDS as responsible for DEA issues, and lost Product will not be replaced without Orphan’s Jazz Pharmaceuticals’ written approval. Where abuse or diversion is not suspectedsuspected and the damage or destruction is the direct result of a defect [ * ], SDS ESSDS will promptly replace the lost Product at no charge to the Patient in Patient; provided, however, Jazz Pharmaceuticals will reimburse ESSDS an amount equal to the event replacement cost of such loss is Product. All such return and replacement activities shall be reported to Jazz Pharmaceuticals by the result account director at ESSDS on a monthly basis. Applicable fees will apply to the processing and shipping of SDS’s negligence or its designated shipper another bottle and the WAC price will be applied to the bottle and record the shipment in the Patient file. SDS will treat a repeat request for lost Product as a suspicion of abuse or diversion and report to the Orphan designee responsible for DEA issues, and SDS will not replace the lost Product without Orphan’s approval. For damaged ProductProduct [ * ], SDS ESSDS will make a good faith effort to arrange for the damaged Product to be returned to SDSby the patient and replaced by ESSDS at its own expense. Upon receipt of damaged Product, SDS ESSDS will keep the damaged Product in a secure locked area, and will dispose of it at SDSESSDS’s cost in compliance with the applicable SOP for destruction of Product. SDS shall not be required to disclose any Patient Confidential Information to Orphan pursuant to this Section 3.6 to the extent such disclosure is not permitted under HIPAA and other federal and state law.

Returns and Replacement. In the event that SDS-purchased Product is damaged in transit as a result of SDS’s ’ negligence or its designated shipper, SDS will replace the Product to the Patient free of charge once the damaged Product is returned to SDS. SDS will monitor all reports of lost Product for the potential for abuse and diversion. SDS will cooperate with state and federal authorities fully in any investigations of lost Product, and will provide reports of such loss to Orphan on a monthly basis for the purpose of allowing Orphan to track the Product and satisfy its FDA reporting requirements. SDS will investigate the loss of Product by interviewing the Patient, and/or physician, report the loss to Orphan and to the appropriate regulatory authorities, as required by law, and record the loss in the Patient’s file. Where there is suspicion of abuse of or diversion, SDS will contact the Orphan designee responsible for DEA issues, and lost Product will not be replaced without Orphan’s approval. Where abuse or diversion is not suspected, SDS will replace the lost Product at no charge to the Patient in the event such loss is the result of SDS’s ’ negligence or its designated shipper and record the shipment in the Patient file. SDS will treat a repeat request for lost Product as a suspicion of abuse or diversion and report it to the Orphan designee responsible for DEA issues, and SDS will not replace the lost Product without Orphan’s approval. For damaged Product, SDS will make a good faith effort to arrange for the damaged Product to be returned to SDS. Upon receipt of damaged Product, SDS will keep the damaged Product in a secure locked area, and will dispose of it at SDS’s ’ cost in compliance with the applicable SOP for destruction of Product. If Product is returned to SDS due to a complaint of Product quality (i.e., Product taste, appearance, or faulty PIBA), Orphan shall reimburse SDS for the price paid by SDS to Orphan, if any, for such Product and for shipping costs associated with return of Product and SDS’ sending of Product for quality assurance testing at Orphan’s request. SDS shall not be required to disclose any Patient Confidential Information to Orphan pursuant to this Section 3.6 to the extent such disclosure is not permitted under HIPAA and other federal and state law.

Returns and Replacement. In the event that SDS-purchased Product is damaged in transit as a result of SDS’s 's negligence or its designated shipper, SDS will replace the Product to the Patient free of charge once the damaged Product is returned to SDS. SDS will monitor all reports of lost Product for the potential for abuse and diversion. SDS will cooperate with state and federal authorities fully in any investigations of lost Product, and will provide reports of such loss to Orphan on a monthly basis for the purpose of allowing Orphan to track the Product and satisfy its FDA reporting requirements. SDS will investigate the loss of Product by interviewing the Patient, and/or physician, report the loss to Orphan and to the appropriate regulatory authorities, as required by law, and record the loss in the Patient’s 's file. Where there is suspicion of abuse of diversion, SDS will contact the Orphan designee responsible for DEA issues, and lost Product will not be replaced without Orphan’s 's approval. Where abuse or diversion is not suspected, SDS will replace the lost Product at no charge to the Patient in the event such loss is the result of SDS’s 's negligence or its designated shipper and record the shipment in the Patient file. SDS will treat a repeat request for lost Product as a suspicion of abuse or diversion and report to the Orphan designee responsible for DEA issues, and SDS will not replace the lost Product without Orphan’s 's approval. For damaged Product, SDS will make a good faith effort to arrange for the damaged Product to be returned to SDS. Upon receipt of damaged Product, SDS will keep the damaged Product in a secure locked area, and will dispose of it at SDS’s 's cost in compliance with the applicable SOP for destruction of Product. SDS shall not be required to disclose any Patient Confidential Information to Orphan pursuant to this Section 3.6 to the extent such disclosure is not permitted under HIPAA and other federal and state law.