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7 <br /> <br />CONFIDENTIAL <br />11122019 <br />be identified and separated, by the Customer, prior to shipment to PLI. Eligible organizations/covered <br />entities under the 340B Drug Pricing Program must notify PLI of program participation prior to shipment <br />for proper 340B return processing. <br />PLI bears no responsibility in the determination of 340B status without express notification from <br />the Customer. PLI is not responsible for the credit value determination of 340B Goods due to <br />the complexity of contracts and rebates involved. <br /> <br />12. Customer represents and warrants to PLI that all of the Customer’s return Goods hereunder shall <br />comply with all applicable federal, state, and local laws, including without limitation the Prescription <br />Drug Marketing Act (PDMA) and shall meet all other applicable Food and Drug Administration (FDA) <br />requirements and guidelines. <br /> <br />13. Customer represents and warrants to PLI that Customer is the owner of all of the Customer’s Goods <br />and agrees to provide PLI proof of Goods ownership upon request. Failure by to provide such proof <br />shall release PLI from any and all liability related to the disposition of such Goods and the performance <br />of the Services related thereto. <br /> <br />14. PLI shall not be held liable for product value and or service fees when manufacturers or wholesalers <br />become insolvent, file for bankruptcy protection or do not follow the remittance instructions provided <br />them by PLI. <br />15. PLI reserves the right to dispose of Product PLI believes is not in a creditable state with claim for <br />payment. Disposal fees, including minimum amount due will be invoiced directly to the Customer. <br />16. Customer will be charged a Future Date Storage Fee and a Handling/Reprocessing Fee as indicated <br />in Section IV. The storage fee will be accrued and invoiced on a monthly basis. The reprocessing fee <br />will be invoiced at the time of reprocessing and product shipment to the Manufacturer. <br />17. In no event shall PLI be liable for consequential, punitive, special, or other damages except as <br />specifically provided in these Terms and Conditions. <br />18. Any amounts due PLI may be offset against the balance of the value of any present or future credits. <br /> <br />19. Customer shall pay a product transfer fee to PLI of $1.16/per item if, upon contract termination, <br />Customer requests product stored by PLI be transferred to another reverse distributor or other supply <br />chain entity. Customer shall be responsible for all shipping and freight charges for product transfer. <br /> <br />20. PLI shall make all efforts to expeditiously collect manufacturer and wholesaler credits. Should PLI be <br />required to hire a third-party collection service to collect unsettled credits, the Customer may incur an <br />additional fee, contingent on credit recovery, to offset those collection expenses. <br /> <br />21. PLI shall not be liable for the value of, and cannot guarantee credit for, Goods that were purchased <br />outside of normal distribution channels. This includes Goods that were not purchased directly by the <br />Customer or directly by the Customer from an approved distributor. This also includes Goods that were <br />purchased outside of the United States, as well as counterfeit items. PLI may require proof of <br />purchase and reserves the right to destroy Goods without issuing any credit. PLI shall not be <br />liable to reimburse the Customer or provide payment in any form in the event and to the extent PLI <br />rejects the Customer’s Goods for any reason. <br /> <br />22. Any shipments that result in a leak or spill, as a result of improper packaging from a Customer location <br />may be assessed a $25 spill cleanup fee. <br /> <br />23. Shipments that contain non-inventoried C2 items may be assessed additional compliance fees. <br /> <br />Docusign Envelope ID: 550F0A34-DEE8-4FFA-B72D-1ABBE467C60B