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BOOK 20 Past 672 <br />9.9 Drug Classification and Pricing. AdvancePCS shall use the latest edition of the First DataBank <br />Blue Book (with supplements), the Medi-Span Master Drug Pricing Source (with supplements), or any other <br />nationally recognized pricing source as the source for purposes of pricing and classifying drugs (e.g., legend vs. over <br />the counter, brand vs. generic) in connection with this Agreement. <br />10. DEFINITIONS. The following terms and phrases, when capitalized, have the meanings set forth below. <br />a. "AWP" means the average wholesale price of the drug dispensed as set forth in the latest edition <br />of the First DataBank Blue Book (with supplements), the Medi-Span Prescription Pricing Guide (with supplements) <br />or any other similar nationally recognized reference selected by AdvancePCS. <br />b. "Change in Law" means any (i) change in or adoption of any Law, (ii) change in the judicial or <br />administrative interpretation of any Law, or (iii) change in the enforcement of any Law, occurring after the date <br />Customer is implemented or the Effective Date, whichever is earlier. <br />C. "Claim(s)" mean those claims processed through the AdvancePCS on-line claims adjudication <br />system or otherwise transmitted or processed in accordance with the terms of this Agreement in connection with the <br />Consumer Card Program. <br />d. "Covered Items" mean the prescription drug benefits for which Participants are eligible pursuant <br />to Member County's drug benefit plan. <br />e. "Law" means any federal, state, local or other constitution, charter, act, statute, law, ordinance, <br />code, rule, regulation, order, specified standards or objective criteria contained in any applicable permit or approval, <br />or other legislative or administrative action of the United States of America, or any state or any agency, department, <br />authority, political subdivision or other instrumentality thereof or a decree orjudgment or order of a court. <br />f. "Manufacturer" means a pharmaceutical company that has contracted with AdvancePCS (or its <br />affiliate or agent) to offer discounts for pharmaceutical products in connection with AdvancePCS' Formulary <br />Services. <br />g. "Maximum Allowable Cost (MAC)" means the then current maximum allowable cost for a <br />prescription drug listed as a drug available from more than one Manufacturer in AdvancePCS' pharmaceutical MAC <br />pricing formula, including but not limited to formulas utilizing the Medi-Span Master Drug Pricing Source or First <br />Data Bank. <br />h. "Participant" means an individual designated by Member County as eligible for Covered Items <br />under the terms of the Consumer Card Program. <br />i. "Participating Pharmacy" means a pharmacy that has agreed to provide certain pharmacy <br />services to Participants in accordance with the tents of its agreement with AdvancePCS. A list of Participating <br />Pharmacies can be accessed via AdvancePCS' Internet website, which is subject to change from time to time. <br />j. "Rebate(s)" means, for any period, all rebates, reimbursements, or other discounts received under <br />a pharmaceutical manufacturer's discount program with respect to pharmaceutical products dispensed to a <br />participant under the Consumer Card Program for such period. <br />NAOC k2 2Line (07/06/2003)~Rx0muQ Page 10of15 <br />This document contains proprietor, information of AdvancePCS. and may not be used f.. an, purpose other than to c,aluam entering into a <br />in l Lit lonship rdtit Achance PC S_ nor ntav it he duplicated or disc Io,ed to others foram, purpose- <br />