S Social Services - Participate in NACo Prescription Drug Card Program

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~~ ~, recognized pricing source as the source for purposes of pricing and classifying drugs (e.g., legend vs. over the counter, brand vs. generic) in connection with this Agreement. • 10. DEFINITIONS. The following terms and phrases, when capitalized, have the meanings set forth below. a. "AR'P" means the average wholesale price of the drug dispensed as set forth in the latest edition of the First DataBank Blue Book (with supplements), the Medi-Span Prescription Pricing Guide (with supplements) or any other similaz nationally recognized reference selected by Caremark. b. "Change in Law" means any (i) change in or adoption of any Law, (ii) change in the judicial or administrative interpretation of any Law, or (iii) change in the enforcement of any Law, occurring after the date Customer is implemented or the Effective Date, whichever is eazlier. G "Claim(s)" mean those claims processed through the Cazemark on-line claims adjudication system or otherwise transmitted or processed in accordance with the terms of this Agreement in connection with the Consumer Card Program. d. "Covered Items" mean the prescription drug benefits for which Participants are eligible pursuant to Member County's drug benefit plan. e. "Law" means any federal, state, local or other constitution, charter, act, statute, law, ordinance, code, rule, regulation, order, specified standards or objective criteria contained in any applicable permit or approval, or other legislative or administrative action of the United States of America, or any state or any agency, department, authority, political subdivision or other instrumentality thereof or a decree or judgment or order of a court. f. "Manufacturer" means a pharmaceutical company that has contracted with Caremark (or its affiliate or agent) to offer discounts for pharmaceutical products in connection with Caremark's Formulary Services. g. "Ma~mum Allowable Cost (MAC)" means the then current maximum allowable cost fora prescription drug listed as a drug available from more than one Manufacturer in Caremazk's pharmaceutical MAC pricing formula, including but not limited to formulas utilizing the Medi-Span Master Drug Pricing Source or First Data Bank. h. "Participant" means an individual designated by Member County as eligible for Covered Items under the terms of the Consumer Cazd Program. i. "Participating Pharmacy" means a pharmacy that has agreed to provide certain pharmacy services to Participants in accordance with the terms of its agreement with Cazemark. A list of Participating Pharmacies can be accessed via Caremark's Internet website, which is subject to change from time to time. j. Rebate(s)" means, for any period, all rebates, reimbursements, or other discounts received under a pharmaceutical manufacturer's discount program with respect to pharmaceutical products dispensed to a Participant under the Consumer Cazd Program for such period. NACo k3-v2.doc OTJ24f2006 Claim el0of29 ( ) to 'ibis document contains proprietary information of Caremark, and may not be used for any purpose other than to evaluate entering mto a relahonslup with Caremark, nor may it be duplicated or disclosed to others for any purpose.