Member Non-Liability. 10.1 PHARMACY hereby agrees that in no event including, but not limited to, non-payment by HEALTH OPTIONS, insolvency of HEALTH OPTIONS, or breach of this Agreement, shall PHARMACY ▇▇▇▇, charge, collect a deposit from, seek compensation, remuneration or reimbursement from, or have any recourse against any Member or persons other than HEALTH OPTIONS acting on the Member's behalf, for services provided pursuant to this Agreement. This provision shall not prohibit collection of supplemental charges or Copayments in accordance with the terms of the applicable Health Services Agreement. 10.2 PHARMACY further agrees that: (1) this provision shall survive the termination of this Agreement regardless of the cause giving rise to termination and shall be construed to be for the benefit of HEALTH OPTIONS' Members; and that, (2) this provision supersedes any oral or written contrary agreement now existing or hereafter entered into between PHARMACY and any Member or persons acting on such Member's behalf.
Appears in 2 contracts
Sources: Injectable Drugs Agreement (Option Care Inc/De), Injectable Drugs Agreement (Option Care Inc/De)
Member Non-Liability. 10.1 11.1 PHARMACY hereby agrees that in no event including, but not limited to, non-payment by HEALTH OPTIONSCOMPANIES, insolvency of HEALTH OPTIONSCOMPANIES, or breach of this Agreement, shall PHARMACY ▇▇▇▇bill, charge, collect a collec▇ ▇ deposit from, seek compensation, remuneration or reimbursement from, or have any recourse against any Member or persons other than HEALTH OPTIONS COMPANIES acting on the Member's behalf, for services provided pursuant to this Agreement. This provision shall not prohibit collection of supplemental charges or Copayments in accordance with the terms of the applicable Health Benefits Contract or Health Services Agreement.
10.2 11.2 PHARMACY further agrees that: (1) this provision shall survive the termination of this Agreement regardless of the cause giving rise to termination and shall be construed to be for the benefit of HEALTH OPTIONSCOMPANIES' Members; and that, (2) this provision supersedes any oral or written contrary agreement now existing or hereafter entered into between PHARMACY and any Member or persons acting on such Member's behalf.
Appears in 1 contract