Common use of Change in Law or Regulation Clause in Contracts

Change in Law or Regulation. a. If, during the term of this Agreement, there shall be (i) a change in the Medicare or Medicaid statute, regulations, or general instructions (or in the application thereof), or any governmental payor system, including but not limited to the Veterans Administration ("VA"), or (ii) the adoption of new legislation or regulations applicable to this Agreement (for purposes of this Paragraph 6 (an "Affected Agreement", and together with any other similarly affected agreement for pharmaceutical and/or related services between Bevexxx Xxxerprises, Inc. and PharMerica Corporation or their respective subsidiaries or Affiliates, the "Affected Agreements"), or (iii) a change in any other third party reimbursement system, & (iv) the initiation of enforcement action with respect to legislation, regulations, or instructions applicable to this Agreement, any of which changes, legislation, regulations or action affects the continuing legality of this Agreement or the ability of FACILITY to obtain reimbursement for the full cost of any consultant pharmacist services (collectively, for purposes of this Paragraph 6, the "Services") at the levels then in effect, as charged to FACILITY by PROVIDER, FACILITY may, at any time within one year of the effective date as to FACILITY, of any such changes, legislation, regulation or action, upon written notice as provided herein, propose an amendment to this Agreement, modifying the same to the minimum extent necessary to assure the continuing legality of this Agreement or to eliminate the future impediment or impairment to reimbursement. For periods beginning January 1, 1998, in the event that reimbursement is denied for the FACILITY covered by this Agreement for covered items or Services under the Medicare program because PROVIDER'S charges exceed the usual, customary and reasonable charges for such Services or covered items, as evidenced by a Notice of Medicare Reimbursement ("NPR"), FACILITY shall provide PROVIDER as promptly as practicable with a copy of such NPR, and any change to this Agreement effectuated for the purpose of obtaining reimbursement shall be made applicable to all reimbursement periods subsequent to the period to which the NPR related, for the remainder of the term of this Agreement. In the event that PROVIDER is unable or unwilling to supply the items or Services at price levels sufficient to assure such reimbursement, then FACILITY may, at its sole option, elect to obtain such items or Services from other sources or to accept the prices offered by PROVIDER.

Change in Law or Regulation. a. If, during the term of this Agreement, there shall be (i) a change in the Medicare or Medicaid statute, regulations, or general instructions (or in the application thereof), or any governmental payor system, including but not limited to the Veterans Administration ("VA"), or (ii) the adoption of new legislation or regulations applicable to this Agreement (for purposes of this Paragraph 6 (an "Affected Agreement", and together with any other similarly affected agreement for pharmaceutical and/or related services between Bevexxx Xxxerprises, Inc. and PharMerica Corporation or their respective subsidiaries or Affiliates, the "Affected Agreements"), or (iii) a change in any other third party reimbursement system, & or (iv) the initiation of enforcement action with respect to legislation, regulations, or instructions applicable to this Agreement, any of which changes, legislation, regulations or action affects the continuing legality of this Agreement or the ability of FACILITY to obtain reimbursement for the full cost of any consultant pharmacist health care products and services (collectively, for purposes of this Paragraph 6, the "Services") at the levels then in effect, as charged to FACILITY by PROVIDER, FACILITY may, at any time within one year of the effective date as to FACILITY, of any such changes, legislation, regulation or action, upon written notice as provided herein, propose an amendment to this Agreement, modifying the same to the minimum extent necessary to assure the continuing legality of this Agreement or to eliminate the future impediment or impairment to reimbursement. For periods beginning January 1, 1998, in the event that reimbursement is denied for the FACILITY covered by this Agreement for covered items or Services under the Medicare program because PROVIDER'S 's charges exceed the usual, customary and reasonable charges for such Services or covered items, as evidenced by a Notice of Medicare Reimbursement ("NPR"), FACILITY shall provide PROVIDER as promptly as practicable with a copy of such NPR, and any change to this Agreement effectuated for the purpose of obtaining reimbursement shall be made applicable to all only for reimbursement periods subsequent to the period to which the NPR related, for the remainder of the term of this Agreement. In the event that PROVIDER is unable or unwilling to supply the items or Services at price levels sufficient to assure such reimbursement, then FACILITY may, at its sole option, elect to obtain such items or Services from other sources or to accept the prices offered by PROVIDER.

Change in Law or Regulation. a. If, during the term of this Agreement, there shall be (i) a change in the Medicare or Medicaid statute, regulations, or general instructions (or in the application thereof), or any governmental payor system, including but not limited to the Veterans Administration ("VA"), or (ii) the adoption of new legislation or regulations applicable to this Agreement (for purposes of this Paragraph 6 (an "Affected Agreement", and together with any other similarly affected agreement for pharmaceutical and/or related services between Bevexxx Xxxerprises, Inc. and PharMerica Corporation or their respective subsidiaries or Affiliates, the "Affected Agreements"), or (iii) a change in any other third party reimbursement system, & or (iv) the initiation of enforcement action with respect to legislation, regulations, or instructions applicable to this Agreement, any of which changes, legislation, regulations or action affects the continuing legality of this Agreement or the ability of FACILITY to obtain reimbursement for the full lull cost of any consultant pharmacist intravenous therapy services and products (collectively, for purposes of this Paragraph 6, the "Services") at the levels then in effect, as charged to FACILITY by PROVIDER, FACILITY may, at any time within one year of the effective date as to FACILITY, of any such changes, legislation, regulation or action, upon written notice as provided herein, propose an amendment to this Agreement, modifying the same to the minimum extent necessary to assure the continuing legality of this Agreement or to eliminate the future luture impediment or impairment to reimbursement. For periods beginning January 1, 1998, in the event that reimbursement is denied for the FACILITY covered by this Agreement for covered items or Services under the Medicare program because PROVIDER'S 's charges exceed the usual, customary and reasonable charges for such Services or covered items, as evidenced by a Notice of Medicare Reimbursement ("NPR"), FACILITY shall provide PROVIDER as promptly as practicable with a copy of such NPR, and any change to this Agreement effectuated for the purpose of obtaining reimbursement shall be made applicable to all only for reimbursement periods subsequent to the period to which the NPR related, for the remainder of the term of this Agreement. In the event that PROVIDER is unable or unwilling to supply the items or Services at price levels sufficient to assure such reimbursement, then FACILITY may, at its sole option, elect to obtain such items or Services from other sources or to accept the prices offered by PROVIDER.

Change in Law or Regulation. a. (i) If, during the term of this Agreement, there shall be (iA) a change in the Medicare or Medicaid statute, regulations, or general instructions (or in the application thereof), or any governmental payor system, including but not limited to the Veterans Administration ("VA"), or (iiB) the adoption of new legislation or regulations applicable to this Agreement or any Pre-Existing Provider Agreement, Existing Provider Agreement or New Provider Agreement (collectively, for purposes of this Paragraph 6 (an "Affected Agreement"7, and together with any other similarly affected agreement for pharmaceutical and/or related services between Bevexxx Xxxerprises, Inc. and PharMerica Corporation or their respective subsidiaries or Affiliates, the "Affected Agreements"), or (iiiC) a change in any other third party reimbursement system, & or (ivD) the initiation of enforcement action with respect to legislation, regulations, or instructions applicable to this Agreementany Affected Agreements, any of which changes, legislation, regulations or action affects the continuing legality of this Agreement any Affected Agreements or the ability of FACILITY Company to obtain reimbursement for the full cost of any consultant pharmacist services (collectively, for purposes of this Paragraph 6, the "Services") Services at the levels then in effect, as charged provided to FACILITY Company by PROVIDERProvider, FACILITY Company may, at any time within one year of the effective date as to FACILITYCompany, of any such changes, legislation, regulation or action, upon written notice as provided herein, propose an amendment to this any such Affected Agreement, modifying the same to the minimum extent necessary to assure the continuing legality of this such Affected Agreement or to eliminate the future impediment or impairment to reimbursement. For periods beginning January 1, 1998, in the event that reimbursement is denied for the FACILITY any facility covered by this an Affected Agreement for covered items or Services under the Medicare program because PROVIDER'S Provider's charges exceed the usual, customary and reasonable charges for such Services or covered items, as evidenced by a Notice of Medicare Reimbursement ("NPR"), FACILITY shall provide PROVIDER as promptly as practicable with a copy of such NPR, and any change to this such Affected Agreement effectuated for the purpose of obtaining reimbursement shall be made applicable to all only for reimbursement periods subsequent to the period to which the NPR related, for the remainder of the term of this such Affected Agreement. In the event that PROVIDER Provider is unable or unwilling to supply the items or Services at price levels sufficient to assure such reimbursement, then FACILITY Company may, at its sole option, elect to obtain such items or Services from other sources or to accept the prices offered by PROVIDERProvider.

Change in Law or Regulation. a. If, during the term of this Agreement, there shall be (i) a change in the Medicare or Medicaid statute, regulations, or general instructions (or in the application thereof), or any governmental payor system, including but not limited to the Veterans Administration ("VA"), or (ii) the adoption of new legislation or regulations applicable to this Agreement (for purposes of this Paragraph 6 (an "Affected Agreement", and together with any other similarly affected agreement for pharmaceutical and/or related services between Bevexxx Xxxerprises, Inc. and PharMerica Corporation or their respective subsidiaries or Affiliates, the "Affected Agreements"), or (iii) a change in any other third party reimbursement system, & or (iv) the initiation of enforcement action with respect to legislation, regulations, or instructions applicable to this Agreement, any of which changes, legislation, regulations or action affects the continuing legality of this Agreement or the ability of FACILITY to obtain reimbursement for the full cost of any consultant pharmacist pharmacy services and products (collectively, for purposes of this Paragraph 6, the "Services") at the levels then in effect, as charged to FACILITY by PROVIDER, FACILITY may, at any time within one year of the effective date as to FACILITY, of any such changes, legislation, regulation or action, upon written notice as provided herein, propose an amendment to this Agreement, modifying the same to the minimum extent necessary to assure the continuing legality of this Agreement or to eliminate the future impediment or impairment to reimbursement. For periods beginning January 1, 1998, in the event that reimbursement is denied for the FACILITY covered by this Agreement for covered items or Services under the Medicare program because PROVIDER'S charges exceed the usual, customary and reasonable charges for such Services or covered items, as evidenced by a Notice of Medicare Reimbursement ("NPR"), FACILITY shall provide PROVIDER as promptly as practicable with a copy of such NPR, and any change to this Agreement effectuated for the purpose of obtaining reimbursement shall be made applicable to all only for reimbursement periods subsequent to the period to which the NPR related, for the remainder of the term of this Agreement. In the event that PROVIDER is unable or unwilling to supply the items or Services at price levels sufficient to assure such reimbursement, then FACILITY may, at its sole option, elect to obtain such items or Services from other sources or to accept the prices offered by PROVIDER.