Rx Products definition
Examples of Rx Products in a sentence
If Buyer’s average monthly Net Purchases during the quarter entitles Buyer to purchase branded Rx Products at a lower (or higher) purchase price according to the foregoing matrix than Buyer was invoiced during the quarter, then prospective adjustments to the invoiced purchase price will be made beginning as of the first day of the second month following the end of the quarter measured.
Subject to the limitations set forth below: Cardinal Health shall pay the Buyer a monthly rebate (the “Monthly Source Rebate”) based on the Buyer’s retail Pharmacies’ aggregate Net Purchases of Merchandise through the Source Program during the applicable calendar month, including, but not limited to, those generic Rx Products purchased through the Generic Source Program.
During calendar year 2006 and the initial six (6) months of calendar year 2007, calculated on a quarterly basis, Buyer will use commercially reasonable efforts to cause not less than [***]% of Buyer's total Qualified Purchases from Cardinal to be generic Rx Products.
Prior to purchasing Rx Products from Cardinal Health hereunder, and at all times during the term of this Agreement, Buyer will provide Cardinal Health with copies of all such licenses and any renewals, revocations, changes or notices related thereto.
Buyer represents, warrants and certifies to Cardinal Health that it and each of Buyer’s pharmacy locations has all required governmental licenses, permits and approvals required to purchase, use and/or store the Rx Products purchased from Cardinal Health under this Agreement.
If Buyer does not achieve the Generic Purchase Requirements, Cardinal and Buyer will meet to review Buyer's purchases of generic Rx Products and develop a strategy to support Buyer's achievement of the Generic Purchase Requirements during the quarter following the quarter in which the Generic Purchase Requirements were not met.
The following paragraph shall be added to the Agreement as a new Section 30, titled "Generic Purchase Requirement": "During calendar years 2004 and 2005, calculated on a quarterly basis, Buyer will use commercially reasonable efforts to cause not less than [***]% of Buyer's total Qualified Purchases from Cardinal to be generic Rx Products.
In addition, Buyer may, at its option, purchase certain other inventory carried by Cardinal Health (the “Non-Rx Products”) (Rx Products and Non-Rx Products are collectively referred to as the “Merchandise”).
The foregoing requirements shall be referred to as the "Generic Purchase Requirements." To support Buyer's achievement of the Generic Purchase Requirements, Cardinal will use commercially reasonable efforts to make generic Rx Products available to Buyer at prices that are equal to or better than those prices that Buyer can obtain directly from the generic Rx Product manufacturers.
Pricing for Buyer's purchases of generic Rx Products shall be pursuant to Cardinal's Mail Order Preferred Source program.