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producb or drug classes or to let Participants know that they rosy qualify for participation in a clinical trial program Such mailings may include Participant and drug specific infornation and/or general educedonal material. Participants; by notifying Caremark, may opt•out of such programs. b. DUR Services. Caremark will provide ib automated concurrent DUR Services for Claims. The infortnadon generated in cocmectlon with DUR Services is intended ee as economical supplement to, and not as a aubadtute for; the Imowledge, expertise, skill, and judgment of physicians, pheraacbb, or other health care providero in providing patient care. Providers are individually reaponaible for acting or not acting upon information generated and transmimd through the DUR Services, and for performing services is each jurisdiction comistent with the scope of their licensee. Notwithstanding anything set forth in this Agroement, Caremark will have ao obligation to acquire information concerning any Participant beyond the information that is included in Caremark'e eligibility records or the Claims submimd by Participating Pharmacies in coamectian with the Consumer Card Program 1.8 Formulary 8ervlcea. Canmazk will administer en open fomndary for the Member County and will provide certain Services that are designed to provide useflrl clinical information to physicians (the "Formulary Servica'7. Caremark may make changes to the Formulary Services deacn'bed in this Agroemant from time to time, end will notify Member County and Customer of any material changes to any formulary mamgemeat programs. Im ell cases, the preacdbing physician shall have final authority over the dmg that is preacn'bed to the Participant. a. Rebate Coatracb. Caremark contracb widt certain Manufacturers for Rebate programs. b. Dbblosure of Manufacturer Fea. Caremark may receive fees or other compenaadon tiom Manufacturers, including, without limitation, admiaiatradve fees not exceeding three percent of the aggregate coat of the pharmaceutical products diepemed to participants, and fees for property provided or earvices rendered to a Manufhcturer (which may include providing physician clinical mewagea comiatent with the Performance Drug Liat, as defined below). Caremerk's specialty pharmacies rosy also receive fees from Manufacturero for products and eervicee provided. In addition, Caremerk's mail order and specialty pharmacies may negotiate oa their owv behalf directly with Manufacturers for diacouab, including rebated discounts based oa crwrket share or other factors. The temr Rebates as used is this Agreement door sot include these fees and diacounb which belong exclusively to Caremark or Ceremark's mail order or specialty pharmacies, respectively. c. PaAlcipant Authoriutlow and Diaclwurn. Customer and Member County shall comply with all Laws applicable to it ae a eponeor of the Services or as otherwise comistent with ib obligations under fhb Agreement. d. Addldonal Participant Dlscounb. Caromerk may provide a program that will provide Participant with additional manufacturer dbcoumb on certain drogs at the point of sale. From limo to time, Caremark may revise': dce lint of drugs that have additional participant discounts. The current lief of drugs on which Participants ropy roceiva additional discount ie available upon request. Caremmrk will timely notify Member County and Custortrer of any roviaiona to this liar of dmga. 1.9 Managomegt Reports. Caremark will provide Member County and Customer with Caremark'e standard management reports, in cormection with the 3ervicea, which reports may change from time to time at Caremark's discretion. Member County and Custormer may elect to receive a reasonable number of the sbndard management reports made available by Caremark 1.10 Mail Service Program Caremark cosy provide to Member County mail order pharmacy services through its mail order pharmacy facilities. For the duration of this Agroemeat, Member County agrees that it wiU offer only Caremark mail order pharmacy services for its Participants covered under this Agreement, as firdrer described below. Caremark shall fill preacdpdons For Participants and shall mail such drugs or medications to such Pardcipanq subject to the following terms and conditions: This document conuina proprietary in(omuNan of Caremark, and may not be used for any puryae other thm to evaluate entering with Caremark, nor may it be duplicated or diceloaed to other for my purpwe.