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9.9 Drug Claealfication and Pricing. Caremark shall use the indicators of Medi-Span Master Drug Debbeae (Medi-Span), and their associated files, as updated regularly by Medi-Span, or another nationally available reporting service of pharmaceutical drug information in determining the classification of drugs (e.g. legend vs. over the counter, brand vs. generic, single-source vs. multi-source) for purposes of this Agreement. 9.10 Customer-9peeftic Programmlag. Upon request by the Customer for services or changes to Services that require customized programming or systems work, Caremark will estimate the time and coat for completion of such work. If Customer authorizes Caremark to perform such work, it will pay Caremark the coat of performing such work at the epbblished programming rate. 10. DEFINITIONS. The following terms and phrases, when capitalized, have the meanings set forth below. a. "AWP" moans the average wholesale price of the drug dispensed ae set forth in the latest edition of the Feat DataBaak Blue Book (with supplements), the Medi-Span Prescription Pricing Cruide (with supplement) or any other similar nationally recognized reference selected by Caremark. b. "Change In Law" means say (i) change In or adoption of any Law, (ii) change in the judicial or administrative interpretation of any Law, or (iii) change in the enforcement of any Lew, occurting after the date Cuarortmr is implemented or the Effective Date, whichever is earlier. c. "Claim(s)" nman those claims processed through the Caremark on-line skims adjudication system or otherwise transmitted or processed in accordance with the temv of this Agreement in connection with the Consumer Card Program. d. "Covered Items" mean the prescription drug benafib for which Participants are eligrble pursuant to Member County's drug benefit plan. e. "Law" means any federal, state, local or other conatirotioa, charter, act, ablate, law, ordinance, code, rule, regulation, order, specified standards or objective criteria conbined in any applicable permit or approval, or other -egisktive or administrative action of the United Sbtea of America, or any state or any agency, department, authority, po8tical subdivision or other instrumenblity thereof or a decree or judgmont or order of a court. L "Maaatacturer" means a pharmaceutical company that has contracted with Caremark (or its affiliate or agent) ro offer discount fot pharmaceutical products is connection with Carcmark'e Formulary Services. g. "Matdmum Allowable Coat (MAC)" amens the then current maximum allowable coat for a prescription drug listed u a drag available from more than one Manufacturer in Caremark'a pharmaceutical MAC pricing formula, including but not limited to formulae utilizing the Medi-Span Master Drug Pricing 3orace or First Data Bank. h. "Particlpagt" rrxans an individual designated by Member County as eligible for Covered Items under the bans of the Comurner Card Program. I. "PartlclpaNng Pharmacy" means a pharntncy that hoe agreed to provide cerbin pheanacy services to Participants in accordance with the farms of its agreement with Caremark. A list of Participating Phamurciea can be accessed via Carcmark's Inbrtmt webaite, which k subject to change fiom time to limo. J. "Rebate(a)^ means, for any period, all rebates, rcimburaementa, or other discounts received under e pharmaceutical manufacturer"e discount program with respect to pharmaceutical products dkpensad to a Participant under the Consumer Card Program for such period. NACo k4-v7.dac (3/7/Poa) IRaCla1~ Pane 10 of 14 This document eonaina proprieury Irtfomwtion of Caremark, and may not be used for any purpaa other than to evaluate entering into a rclatianrhip with Caremark, nor may it tx dupliufed or diaclaed to othm for any purpae.