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Customer acknowledges that the use of these procedures and standards may not result in full or partial recovery or in <br /> full recovery for any particular case. United does not guarantee or warranty any particular level of prevention, <br /> detection, or recovery. United agrees to perform Abuse and Fraud Management services pursuant to the industry <br /> standards for such services. If this Agreement terminates, or if United's claim recovery services terminate, United <br /> can elect to continue fraud and abuse recoveries that are in progress,and the fees will continue to apply. <br /> Section 4.5 Medical Benefit Drug Rebate Payments.From time to time, United or a subcontractor may negotiate <br /> with drug manufacturers regarding the payment of medical benefit Rebates on applicable prescription drug products <br /> dispensed to Participants under the Plan's medical benefit. Customer will receive 80% of the medical benefit <br /> Rebates United receives. United will retain the balance of such medical benefit Rebates as part of United's <br /> compensation. <br /> When United negotiates directly with drug manufacturers for the payment of medical benefit Rebates to United, <br /> United will pay Customer the agreed upon Rebates within thirty (30) calendar days of United's receipt of such <br /> Rebates from the drug manufacturer. If United is not able to make payment to Customer within thirty(30) calendar <br /> days, United will pay interest on such Rebates from the date of receipt until United makes payment to Customer, <br /> less approximately thirty (30) days for processing. United will retain interest earned during this processing <br /> timeframe. United will pay medical benefit Rebates to Customer in the agreed upon amount no less than annually. <br /> Interest will be paid at the one month London Interbank Offered Rate(LIBOR)in effect on the first business day of <br /> each applicable month. <br /> Customer will only receive Customer's medical benefit Rebates to the extent that medical benefit Rebates are <br /> actually received by United.Thus,for example,if a government action or a major change in pharmaceutical industry <br /> practices prevents United from receiving medical benefit Rebates,the amount Customer receives may be reduced or <br /> eliminated. <br /> Customer agrees that during the term of this Agreement, neither Customer nor the Plan will negotiate or arrange or <br /> contract in any way for medical benefit Rebates on or the purchase of prescription drug products from any <br /> manufacturer under the Plan's medical benefit. If Customer or the Plan does, United may, without limiting United's <br /> right to other remedies, immediately terminate Customer's and Plan's entitlement to medical benefit Rebates <br /> (including forfeiture of any medical benefit Rebates earned but not paid).In addition, Customer agrees to reasonably <br /> cooperate with United in order to obtain medical benefit Rebates. <br /> Subcontractor Compensation: If a subcontractor is involved in negotiating with drug manufacturers regarding the <br /> payment of medical benefit Rebates, it may retain a portion of the gross amounts received from drug manufacturers <br /> in connection with such products. United will provide information on the amount, if any, retained by the <br /> subcontractor as compensation for its services,in advance of Customer's execution of this Agreement. In addition, <br /> United will provide Customer with thirty (30) days advance notice of any material increase in or method for <br /> subcontractor compensation. If at any time Customer does not find the subcontractor compensation acceptable, <br /> Customer may terminate the medical benefit Rebates services after thirty(30)days advance written notice to United. <br /> Section 4.6 Pharmacy Benefit Services. United or its Affiliate will provide the Pharmacy Benefit Services <br /> described in this Section 4.6. United will make Network Pharmacies available to Customer's Participants, through <br /> United's affiliate. United will determine which pharmacies are Network Pharmacies. Network Pharmacies can <br /> change at any time. United will make a reasonable effort to provide Customer with advance notice if any material <br /> changes occur to the network.Upon request,United will provide Customer information on the reimbursement rate to <br /> United's affiliated Network Pharmacies. <br /> Mail Order Pharmacy Services. United will provide, through its affiliate mail order pharmacy, services for <br /> Customer's Participants. Customer's pricing terms for mail order pharmacy services are based on package sizes of <br /> 100 units, 16 ounce quantities or the next closest quantity available and at least a 46 day supply.Prescriptions filled <br /> through the mail order pharmacy that are less than a 46 day supply will be processed at retail pricing and will be <br /> counted with retail utilization. United will retain the difference between the package size of 100 units or 16 ounces <br /> and the actual manufacturer's package size which the mail order pharmacy's price is based on. <br /> 5 <br />