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<br />medications. These programs may include mailings to Participants with active prescriptions for targeted drug <br />products or drug classes or to let Participants know that they may qualify for participation in a clinical trial <br />program. Such mailings may include Participant and drug specific information and/or general educational <br />material. Participants, by notifying Cazemazk, may opt-out of such programs. <br />b. DTJR Services. Caremark will provide its automated concurrent DUR Services for Claims. <br />The information generated in connection with DUR Services is intended as an economical supplement to, and <br />not as a substitute for, the knowledge, expertise, skill, and judgment of physicians, pharmacists, or other health <br />care providers in providing patient Gaze. Providers are individually responsible for acting or not acting upon <br />information generated and transmitted through the DUR Services, and for performing services in each <br />jurisdiction consistent with the scope of their licenses. Notwithstanding anything set forth in this Agreement, <br />Cazemazk will have no obligation to acquire information concerning any Participant beyond the information <br />that is included in Cazemazk's eligibility records or the Claims submitted by Participating Pharmacies in <br />connection with the Consumer Card Program. <br />1.8 Formulary Services. Cazemazk will administer an open formulary for the Member County and will <br />provide certain Services that are designed to provide useful clinical information to physicians (the "Formulary <br />Services"). Cazemazk may make changes to the Formulary Services described in this Agreement from time to time, and <br />will notify Member County and Customer of any material changes to any formulary management programs. In all <br />cases, the prescribing physician shall have final authority over the drug that is prescribed to the Participant. <br />a. Rebate Contracts. Caremark contracts with certain Manufacturers for Rebate programs. <br />b. Disclosure of Manufacturer Fees. Caremark may receive fees or other compensation from <br />Manufacturers, including, without limitation, administrative fees not exceeding three percent of the aggregate <br />cost of the pharmaceutical products dispensed to participants, and fees for property provided or services <br />rendered to a Manufacturer (which may include providing physicians clinical messages consistent with the <br />Performance Drug List, as defined below). Cazemazk's specialty pharmacies may also receive fees from <br />Manufacturers for products and services provided. In addition, Cazemazk's mail order and specialty <br />pharmacies may negotiate on their own behalf directly with Manufacturers for discounts, including rebated <br />discounts based on market share or other factors. The term Rebates as used in this Agreement does not include <br />these fees and discounts which belong exclusively to Cazemazk or Cazemazk's mail order or specialty <br />pharmacies, respectively. <br />c. Participant Authorizations and Disclosures. Customer and Member County shall comply <br />with all Laws applicable to it as a sponsor of the Services or as otherwise consistent with its obligations under <br />this Agreement. <br />d. Additional Participant Discounts. Cazernazk may provide a program that will provide <br />Participants with additional manufacturer discounts on certain drugs at the point of sale. From time to time, <br />Cazemazk may revise the list of drugs that have additional participant discounts. The current list of drugs on <br />which Participants may receive additional discounts is available upon request. Caremark will timely notify <br />Member County and Customer of any revisions to this list of drugs. <br />1.9 Management Reports. Cazemazk will provide Member County and Customer with Cazemazk's <br />standard management reports in connection with the Services, which reports may change from time to time at <br />Cazemazk's discretion. Member County and Customer may elect to receive a reasonable number of the standard <br />management reports made available by Caremark. <br />1.10 Mail Service Program. Caremark may provide to Member County mail order pharmacy services <br />through its mail order pharmacy facilities. For the duration of this Agreement, Member County agrees that it will offer <br />only Caremark mail order pharmacy services for its Participants covered under this Agreement, as further described <br />below. <br />Caremark shall fill prescriptions for Participants and shall mail such drugs or medications to such Participants subject to <br />the following terms and conditions: <br />NACo k3-v2.doc (02/24/2006) (RxClaim] Page 2 of 29 <br />This document contains proprietary information of Cazemazk, and may not be used for any purpose other than to evaluate entering into a relationship <br />with Cazemazk, nor may it be duplicated or disclosed to others for any purpose. <br />