Rebates and Chargebacks Clause Samples

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Rebates and Chargebacks. All liabilities and obligations arising from (i) all rebates to state Medicaid and other state and local governmental programs and to pharmacy benefit management companies, health plans, insurance companies, mail service pharmacies and other health care providers based upon the utilization of the Product (collectively, "Rebates") and (ii) all credits, chargebacks, reimbursements, administrative fees and other payments to wholesalers and other distributors, group purchasing organizations, insurers and other institutions (collectively, "Chargebacks"), occurring in the third calendar quarter of 2000 and thereafter, subject to the Rebate and Chargeback Reimbursement (defined below) to be paid to Horizon by Warn▇▇-▇▇▇▇▇▇▇, ▇▇ovided, however, that Horizon shall not be liable for any Chargebacks or Rebates occurring in the first and second calendar quarters of 2000. For purposes of this Section 1.3.2, Rebates shall be deemed to have occurred in the calendar quarter in which the pharmacy or other applicable entity is reimbursed by Medicaid or other applicable entity and Chargebacks shall be deemed to have occurred in the calendar quarter in which the wholesaler or other applicable entity ships the Product that results in the chargeback. As used herein, "Rebate and Chargeback Reimbursement" shall mean an amount equal to the product of (i) the Rebates and Chargebacks occurring in the third calendar quarter of 2000 and (ii) a fraction, the denominator of which is 92 and the numerator of which is the number of days elapsed in the second quarter through the Closing Date. To the extent that Warn▇▇-▇▇▇▇▇▇▇ ▇▇ unable to assign any agreement of Warn▇▇-▇▇▇▇▇▇▇ ▇▇▇ the payment of Rebates and Chargebacks ("Managed Care Agreements") to Horizon with respect to the Product, Horizon agrees to reimburse Warn▇▇-▇▇▇▇▇▇▇ ▇▇▇ the amount of such Rebates and Chargebacks under the Managed Care Agreements paid by Warn▇▇-▇▇▇▇▇▇▇ ▇▇▇hin thirty (30) days after receipt by Horizon of a written invoice from Warn▇▇-▇▇▇▇▇▇▇ ▇▇▇ same;
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Rebates and Chargebacks. (a) From and after the Effective Date, Distributor shall be responsible for any rebate payments with respect to the Product, whether by agreement, government mandate or otherwise. (b) From and after the Effective Date, Distributor shall be responsible for all payments with respect to contract chargeback claims for the Product. (c) In consideration of Distributor's agreements contained in (a) and (b) above, Company shall pay or credit Distributor the amount of XXXXXXXXXXXX dollars ($XXXXXXX). (d) Nevertheless, for administrative convenience Company shall continue to make any chargeback or rebate payments with respect to the Product required under agreements, government mandates or otherwise which relate to the period prior to the Effective Date or to supply contracts not assigned or assignable under paragraph 12 or which are processed by the Company due to direct requests of a customer, provided that Distributor shall reimburse Company for all such payments.
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Rebates and Chargebacks. The Seller shall be responsible for all rebates (including Medicaid rebates), chargebacks and other similar items (other than returns) related to Products having Seller’s NDC codes (and such liabilities shall be “Excluded Liabilities” for all purposes hereunder). Purchaser agrees to not adjust Product pricing under either Party’s NDC until after 12/31/2017.
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Rebates and Chargebacks. Parties agree to negotiate in good faith and reach agreement on the process for handling rebates and chargebacks (including a sample calculation representing the reimbursements), which process shall be consistent with Section 6.17(b) and Section 6.17(c) of the Purchase Agreement.
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Rebates and Chargebacks. (a) GSK's Obligations. GSK will be responsible for all governmental and commercial rebates and chargeback claims for Product dispensed prior to the Commencement Date (it being understood and agreed that the information contained in any report from the applicable rebate program will be deemed to be the date for purposes of determining the date of such claim) and after the expiration or termination of this Agreement. GSK will also be [..**..] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. responsible for all rebates pursuant to any government rebate programs with respect to government claims for Product dispensed during the Calendar Quarter which encompasses the Commencement Date (it being understood and agreed that the information contained in any report from the state rebate program will be deemed to be the date for purposes of determining the date of such claim). GSK will reimburse Myogen for all rebates and chargebacks that Myogen is obligated to pay with respect to claims for Product dispensed on and after the expiration or termination of the Agreement, which is labeled with Myogen's (or any of its Affiliates') NDC number and for which GSK is responsible pursuant to this Section 3.5(a). All payments due to Myogen by GSK as set forth in the immediately preceding sentence will be made by GSK to (or its Affiliates) within thirty (30) calendar days after GSK's receipt of an invoice from Myogen (or its Affiliates) setting forth requested payments in reasonable detail. (b) Myogen's Obligations. Myogen will be responsible for all commercial rebates and chargeback claims for Product dispensed on and after the Commencement Date during the Term (it being understood and agreed that the information contained in any report from the applicable rebate program will be deemed to be the date for purposes of determining the date of such claim). Myogen will also be responsible for all rebates pursuant to any government rebate programs with respect to government claims for Product dispensed during the Term after the Calendar Quarter which encompasses the Commencement Date (it being understood and agreed that the information contained in any report from the state rebate program will be deemed to be the date for purposes of determining the date of such claim). Myogen will reimburse GSK ...
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Rebates and Chargebacks. The Seller shall be responsible for all rebates (including Medicaid rebates), chargebacks and other similar items (other than returns) related to Products that are received and processed on or before September 30, 2015 (and such liabilities shall be “Excluded Liabilities” for all purposes hereunder) and the Purchaser shall be responsible for all rebates (including Medicaid rebates), chargebacks and other similar items (other than returns) related to Products that are received and processed on or after October 1, 2015 (and such liabilities shall be “Assumed Liabilities” for all purposes hereunder).
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Rebates and Chargebacks. Any rebates or chargebacks for Product that was sold by Seller prior to the Closing Date, shall be paid or reimbursed, as applicable, in accordance with Section 2.3(h).
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Rebates and Chargebacks 
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Related to Rebates and Chargebacks

  • Chargebacks (a) If a Transaction is an Invalid Transaction as denoted in clause 5.2(c), or otherwise constitutes a valid Chargeback in accordance with this Agreement and any relevant Card Scheme Rules, we may in our sole discretion (without a request or demand from a Cardholder): (i) refuse to accept the Transaction; or (ii) if the Transaction has been processed, at any time within 180 days of the date of the Transaction, charge that Transaction back to you by debiting the Settlement Account or Fee Account or by otherwise exercising any right under this Agreement. (b) We may also refuse to accept or Chargeback any Transaction where: (i) the Cardholder claims the Transaction is invalid or disputes liability for any reason; (ii) you process a cancelled Recurring Transaction; or (iii) the Cardholder asserts a claim for set off or counterclaim. (c) A Transaction is an “Invalid Transaction” and may be subject to Chargeback if: (i) the Card was not valid at the time of the Transaction (for example, the Card has expired, is not yet valid, or has been cancelled or revoked); (ii) there is no signature on the Sales Receipt where required or the signature on the Sales Receipt is different to that on the Card; (iii) the Cardholder did not participate in or authorise the Transaction; (iv) you used replaced Supplied Equipment after being directed to discontinue such use; (v) the Sales Receipt has been altered without the Cardholder's authority; (vi) the Sales Receipt is incomplete or was not presented to us within the relevant timeframe; (vii) it is subject to dispute, set-off or counterclaim; (viii) it was processed to your own Card; (ix) Authorisation for the Transaction was declined for any reason; (x) it represents the refinance of an existing debt or the collection for a dishonoured cheque; (xi) it represents a transfer of funds, and not the supply of goods or services, or is a Cash Related Transaction; (xii) it is not entered into by you and the Cardholder or is not submitted by any authorised third party; (xiii) it is not processed in accordance with the Operating Procedures or any other term of this Agreement; (xiv) you issue a credit which does not have a previous offsetting sale; or (xv) it relates to or is in connection with, the sale of goods or services that are in contravention of the laws of Australia or are otherwise prohibited by us. (d) If we receive a payment from a Cardholder relating to an Invalid Transaction that has been subject to a Chargeback, we will credit the Settlement Account with an amount equal to that payment, less any amount we are entitled to withhold or set off under this Agreement. (e) Despite any contract, arrangement or understanding to the contrary, you acknowledge that a Cardholder is entitled to initiate a Chargeback of any Transaction where permitted in accordance with relevant Card Scheme Rules.

  • Rebates Premium rebates given by the Employment Insurance Commission shall be paid directly to the employees by the Employer.

  • Rates and Charges 6.3.1 Wholesale discounts for resold Telecommunications Services offerings are provided in Exhibit A. The Telecommunications Services offerings available for resale but excluded from the wholesale pricing arrangement in the Agreement are available at the retail Tariff, price list, catalog, or other retail Telecommunications Services offering rates. Telecommunications Services available for resale with or without a wholesale discount are subject to Commission-approved change, and any such changes shall apply from the effective date of such change on a going-forward basis only. 6.3.2 The Customer Transfer Charges (CTC) as specified in Exhibit A apply when transferring services to CLEC. 6.3.3 A Subscriber Line Charge (SLC), or any subsequent federally mandated charge to End User Customers, will continue to be paid by CLEC without discount for each local exchange line resold under this Agreement. All federal and state rules and regulations associated with SLC as found in the applicable Qwest Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings also apply. 6.3.4 CLEC will pay to Qwest the Primary Interexchange Carrier (PIC) change charge without discount for CLEC End User Customer changes of Interexchange or IntraLATA Carriers. Any change in CLEC's End User Customer's Interexchange or IntraLATA Carrier must be requested by CLEC on behalf of its End User Customer, and Qwest will not accept changes to CLEC's End User Customer's Interexchange or IntraLATA Carrier(s) from anyone other than CLEC. 6.3.5 CLEC agrees to pay Qwest when its End User Customer activates any services or features that are billed on a per use or per activation basis (e.g., continuous redial, last call return, call back calling, call trace) subject to the applicable discount in Exhibit A as such may be amended pursuant to this Section. With respect to all such charges, Qwest shall provide CLEC with sufficient information to enable CLEC to ▇▇▇▇ its End User Customers. 6.3.6 Miscellaneous Charges applicable to services ordered for resale by CLEC will apply if such Miscellaneous Charges apply for equivalent services ordered by Qwest retail End User Customers, except that CLEC will receive any applicable wholesale discount. Such Miscellaneous Charges include charges listed in the applicable Qwest Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings. 6.3.7 If the Commission orders additional services to be available for resale, Qwest will revise Exhibit A to incorporate the services added by such order into this Agreement, effective on the date ordered by the Commission. If the Commission indicates those additional services must be available for resale at wholesale discount rates, those additional services will be added to this Agreement at the original Agreement wholesale discount rate. 6.3.8 Qwest shall timely ▇▇▇▇ new or changed Commission-ordered resale rates or charges using the effective date for such rates or charges as ordered by the Commission. If Qwest bills CLEC amounts different from new or changed rates or charges after the effective date of such rates or charges, Qwest shall make appropriate ▇▇▇▇ adjustments or provide appropriate ▇▇▇▇ credits on ▇▇▇▇'▇ ▇▇▇▇(s). 6.3.9 If rates for services resold by CLEC under this Agreement change, based on changes in Qwest's Tariffs, catalogs, price lists or other retail Telecommunications Services offerings, charges billed to CLEC for such services will be based upon the new Tariff, catalogs, price lists, or other retail Telecommunications Services offerings rates less the applicable wholesale discount, if any, as agreed to herein or as established by Commission order. The new rate will be effective upon the effective date of the Tariff, catalog, price list, or other retail Telecommunications Services offerings. 6.3.10 Product-specific nonrecurring charges as set forth in Qwest's applicable Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings will apply when new or additional resold services are ordered and installed at CLEC's request for use by CLEC's End User Customers. Such nonrecurring charges will be subject to the wholesale discount, if any, that applies to the underlying service being added or changed.

  • Unallowable Costs Costs that are unallowable under other sections of these principles shall not be allowable under this section solely on the basis that they constitute personnel compensation.

  • Discounts, Rebates and Refunds § 8.1 Cash discounts obtained on payments made by the Construction Manager shall accrue to the Owner if (1) before making the payment, the Construction Manager included the amount to be paid, less such discount, in an Application for Payment and received payment from the Owner, or (2) the Owner has deposited funds with the Construction Manager with which to make payments; otherwise, cash discounts shall accrue to the Construction Manager. Trade discounts, rebates, refunds, and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Construction Manager shall make provisions so that they can be obtained. § 8.2 Amounts that accrue to the Owner in accordance with the provisions of Section 8.1 shall be credited to the Owner as a deduction from the Cost of the Work.