Over/Underpayment. If either party discovers an error in the payment of State Supplemental Rebates by Manufacturer, it shall notify the other party of such error. The parties shall attempt to reconcile all differences through discussion and negotiation; if that attempt fails, the parties will resolve their dispute in accordance with generally applicable procedures followed by the Department or CMS in disputes concerning National Rebates. In the event both parties determine that an overpayment has been made by Manufacturer, Manufacturer shall deduct such overpayment from subsequent State Supplemental Rebates payable under this Agreement. In the event that no subsequent State Supplemental Rebates are payable, the Department will refund any such overpayment to Manufacturer within thirty (30) days after its acknowledgment of the overpayment. Manufacturer will remit any underpayment, including interest accrued under Section 5.1(C) of this Agreement, to the Department within thirty (30) days after Manufacturer’s acknowledgment of such underpayment. Notwithstanding anything to the contrary herein, any dispute relating to eligibility of Medicaid MCO utilization for State Supplemental Rebates hereunder shall be resolved exclusively between Manufacturer and the Department.
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Sources: State Supplemental Rebate Agreement, Delaware State Supplemental Rebate Agreement