2019-842 Health - Walgreens drug dispense

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zelzo,wwad- database . Unless otherwise mutually agreed upon by the parties , 34OB claims will not be processed retroactively for the period preceding the applicable Implementation Date ( s ) ; provided that in no event shall any claims be processed retroactively for the period preceding the HRSA effective date . 7 . Termination . Either party may i. 3 mmediately terminate this Agreement at any time upon written notice to the other party in the event any of the following occurs : 7 . 3 . 1 . The omission or the commission by the other party of any act or conduct for which its authority to provide services may be revoked or suspended by any governmental or administrative body ( whether or not such suspension or revocation actually occurs ) ; 7 . 3 . 2 . The other party becomes insolvent or bankrupt ; 7 . 3 . 3 . It is determined by the terminating party that the other party lacks any federal , state , or local license , permit , or approval , including , without limitation , certificate of need approval required for the services and operations contemplated by this Agreement or that such services and operations or the arrangements set forth in this Agreement may be inconsistent with , or subject a party to , potential negative consequences under any provision of federal or state law regulating the services contemplated by this Agreement or the arrangements between the parties as set forth herein ; or 7 . 3 . 4 . There is a material breach of the Agreement by the other party , which includes , but is not limited to , non - payment by Covered Entity of any required fees and / or reimbursement amounts within the time frames set forth in this Agreement . 7 . 4 . Termination without Cause . Notwithstanding any provision to the contrary, either party may terminate this Agreement at any time and without cause upon thirty ( 30 ) calendar days ' prior written notice to the other party . In addition , either party may terminate any or all of the Pharmacy Locations at any time and without cause upon thirty ( 30 ) days ' prior written notice to the other party . Termination of such locations shall not be deemed a termination of the remaining Pharmacy Locations or of this Agreement . 7 . 5 . Termination for Non -Appropriation . Walgreens acknowledges that Covered Entity is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate . In the event that public funds are unavailable and not appropriated for the performance of Covered Entity' s obligations under this Agreement, then this Agreement shall automatically expire without penalty to Covered Entity immediately upon written notice to Walgreens of the unavailability and non - appropriation of public funds . It is expressly agreed that Covered Entity shall not activate this non - appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis . In the event of a change in the Covered Entity ' s statutory authority, mandate and /or mandate functions , by state and / or federal legislative or regulatory action , which adversely affects Covered Entity ' s authority to continue its obligations under this Agreement , then this Agreement shall automatically terminate without penalty to Covered Entity upon written notice to Walgreens of such limitation or change in Covered Entity ' s legal authority . 7 . 6 . Suspension . Either party may suspend this Agreement or any portion thereof ( including but not limited to , any 34OB Drugs , Pharmacy Locations , Covered Entity Locations , and eligible prescribers ) at any time either : ( i ) without cause upon thirty ( 30 ) calendar days ' prior written notice to the other party ; or ( ii ) for material breach immediately upon written notice to the other party . Further, in the event any Pharmacy Location or Covered Entity Location is not properly registered and identified as active in the 11 of 24 MAT- 63397 OrangeCountyHD - WAG 340B 10312019 ( be ) V1 . 0 © 2019 Walgreen Co . All rights reserved .