AWP Discontinuance Clause Samples
The AWP Discontinuance clause outlines the procedures and consequences if the Average Wholesale Price (AWP) benchmark is no longer published or available. In practice, this clause typically specifies how parties will determine drug pricing or reimbursement in the absence of AWP, often by referencing an alternative pricing benchmark or establishing a method for mutual agreement on a replacement. Its core function is to ensure continuity and clarity in pricing arrangements, preventing disputes or interruptions in contractual obligations if the AWP standard is discontinued.
AWP Discontinuance. In the event that published AWP data shall be discontinued or unavailable, GUIDANTRX shall use reasonable commercial efforts to modify the pricing metrics under the Agreement using a new pricing benchmark designed to maintain the parties’ respective economic positions under the Agreement. If Pharmacy does not agree with the benchmark established by GUIDANTRX, then notwithstanding anything else contained in the Agreement, Pharmacy may elect to terminate the Agreement by providing sixty (60) days’ prior written notice to GUIDANTRX, provided that such notice must be delivered within sixty (60) days’ following GUIDANTRX’s delivery of written notice outlining such new pricing benchmark. Pharmacy Name: NABP#: NPI#: Chains should provide a list of NABP numbers and all other data requested below for all locations. Address: City: County: State: Zip Code: Telephone: ( ) - Fax: ( ) - Federal Tax ID #: Hours of Operation: M-F: A.M. to P.M. Sat: A.M. to P.M. Sun: A.M. to P.M Holidays: A.M. to P.M Pharmacies with multiple locations must attach a list (or provide electronic media) showing the above data for all locations General Liability Insurance Carrier: Coverage Amount: $ / $ Chains should provide the following information for the contact person at their headquarters (main) location. Independent pharmacies should provide the following information for the primary contact person for your pharmacy. Contact Name: Title: Contact E-Mail Address: @ .