Government Rebates Sample Clauses
The Government Rebates clause defines how any rebates, incentives, or financial benefits provided by government programs related to the subject matter of the agreement are handled between the parties. Typically, this clause specifies whether such rebates are to be retained by the seller, passed on to the buyer, or used to offset the purchase price or costs. For example, in a contract for the sale of energy-efficient equipment, the clause may state that any government energy rebates will be credited to the buyer. Its core practical function is to clarify entitlement to government-provided financial benefits, thereby preventing disputes and ensuring transparency regarding the allocation of such funds.
Government Rebates. (i) Purchaser and Seller shall (A) cooperate reasonably in the analysis of dispensing data relating to rebates pursuant to any government rebate programs with respect to state or federal government claims for Approved Products sold on or prior to the Closing Date (“Government Rebates”), and (B) agree upon a reasonable allocation to assist the parties in calculating rebates in accordance with this Section 2.04(d)(i). Purchaser and Seller agree that the responsibility for Government Rebates shall be allocated between Purchaser and Seller as follows: (I) Seller shall be responsible for payment of (A) 100% of the amount of Government Rebates invoiced by the applicable Governmental Rebate Authority, where such invoice relates to Approved Product reimbursements paid by the Governmental Rebate Authority during the period ending March 30, 2020 and all prior calendar quarters, and (B) 8.8% of the amount of Government Rebates invoiced by the applicable Governmental Rebate Authority, where such invoice relates to Approved Product reimbursements paid by the Governmental Rebate Authority during the period beginning on April 1, 2020 and ending on June 30, 2020 (Seller’s aggregate responsibility, the “Seller Rebate Amount”) and (II) Purchaser shall be responsible for the remaining amount of Government Rebates not otherwise covered under clause (I) of this sentence. With respect to Government Rebates, Purchaser shall have the right to request through Seller any claims level data (dispensing data) contained in any report from a Government Rebate program which shall be used for purposes of determining the date of such claim or for state rebate dispute purposes. In the event Purchaser determines an invoice or claim for a Government Rebate should be disputed, Seller shall reasonably cooperate with Purchaser to dispute such claim or invoice.
(ii) Purchaser shall prepare and deliver to Seller, no later than September 30, 2020 (a “Government Rebates Statement”, and the Government Rebates Statement, together with the Final Closing Inventory Statement, the Final Closing Trade Deductions Statement, and each Quarterly Returns Statements, a “Final Closing Statement”), setting forth Purchaser’s reasonable, good faith calculation of (A) the amount of the Government Rebates for the calendar quarter ending March 31, 2020 and the calendar quarter ending June 30, 2020, and (B) the Seller Rebate Amount. During the 30-day period following Purchaser’s delivery of the Government Rebates Statem...
Government Rebates. GSK shall process and be financially responsible for all rebates pursuant to any government rebate programs for all Product dispensed to patients with GSK NDC numbers through December 31, 2007. The dispense date shall be deemed to be the dispense quarter as claimed in the rebate submissions by the respective states or the District of Columbia. For Product dispensed with GSK NDC numbers on or after January 1, 2008, GSK shall continue to process government rebates, and Prometheus will reimburse GSK for all such rebates. Prometheus shall process and be financially responsible for all government rebates related to Product labeled with Prometheus NDC numbers. To the extent that a Party processes or remits payment for government rebates in respect of Product for which the other Party is financially responsible under this Section 3.6(a), the other Party shall reimburse such processing or paying Party within thirty (30) days of receipt of invoices, with corresponding utilization summary reports, that describe the requested payments in reasonable detail, other than amounts that are the subject of bona fide disputes.
Government Rebates. Responsibility for rebates pursuant to any government rebate programs with respect to government claims for Products (“Government Rebates”) shall be allocated between Seller and Purchaser as follows:
(a) Seller shall be responsible for all Government Rebates with respect to Products dispensed to patients on or prior to the Closing Date.
(b) Purchaser shall be responsible for all Government Rebates with respect to Products dispensed to patients beginning on the day following the Closing Date.
(c) Purchaser shall have the right to request through Seller any claims level data (dispense date) contained in any report from a state rebate program which shall be used for purposes of determining the date of such claim or for state rebate dispute purposes. In the event Purchaser determines an invoice or claim for a Government Rebate should be disputed, Seller shall cooperate with Purchaser to dispute such claim or invoice.
(d) To the extent that information related to Government Rebates is received with respect to the calendar quarter that includes the Closing Date, and such information does not include a dispense date, (i) Seller shall be responsible for the amount of such Government Rebates which shall be equal to the product of (x) a fraction, the numerator of which is the number of days in the period beginning the first day of such calendar quarter and ending on the Closing Date, and the denominator of which is the number of days in such calendar quarter, and (y) the amount of the Government Rebate and (ii) Purchaser shall be responsible for the amount of such Government Rebates which shall be equal to the product of (x) one (1) minus the fraction determined pursuant to clause (i)(x) above and (y) the amount of the Government Rebate.
Government Rebates. Depomed shall process all rebates under the Government Rebate Agreements for Products sold with a Depomed NDC Number. Santarus shall process all government rebates for Products sold with a Santarus NDC Number. On a monthly basis, Depomed shall report to Santarus in writing any Product rebates processed by it for which Depomed is financially responsible pursuant to Section 9.3(b) that are applied to the Depomed Government Rebates Reserve. All other Product rebates under the Government Rebate Agreements processed by Depomed shall be invoiced to Santarus on a monthly basis and paid within thirty (30) days after Santarus’ receipt thereof. In the event there is any remaining Depomed Government Rebates Reserve as of April 1, 2013 (i.e., the Depomed Government Rebates Reserve as of the business day preceding the First Sales Booking Date, less any Product rebates processed against it pursuant to this Section 9.3(e)), Depomed shall remit payment to Santarus within thirty (30) days thereafter in the amount determined as follows: (i) for any remaining portion of the Depomed Government Rebates Reserve taken prior to the Effective Date, [***] of such remainder and (ii) for any remaining portion of the Depomed Government Rebates Reserve taken from and after the Effective Date, the amount obtained by multiplying (x) [***] by (y) [***]. From and after determination of the amount payable to Santarus pursuant to the immediately preceding sentence, for purposes of this Agreement, the Depomed Government Rebates Reserve shall be zero. For clarity, Santarus shall bear financial responsibility for all government rebates for Products sold under a Santarus NDC Number.
Government Rebates. (i) Depomed shall be responsible for (A) all government rebates with respect to Products (“Government Rebates”) dispensed to patients prior to the Closing Date and (B) all Government Rebates with respect to Products dispensed to patients through the Depomed Responsibility Period, provided, however, that Collegium shall be financially responsible for any incremental rebate amounts resulting from any price increases implemented by Collegium after the Closing Date.
(ii) Collegium shall be responsible for all Government Rebates with respect to Products dispensed to patients after the Depomed Responsibility Period.
Government Rebates. In the event that you are approved to receive a government rebate or subsidy, and Blue NRG receives such funds on your behalf, Blue NRG will credit the full amount of such funds to your account without any deductions or fees. This includes, but is not limited to, rebates or subsidies provided as a result of customer hardship in accordance with Blue NRG’s Customer Hardship Policy. These credits will be applied to your next bill after Blue NRG receives the funds, or otherwise in accordance with Electricity Law.
Government Rebates. Seller shall administer (including processing, reporting, payment and dispute resolution), in compliance with applicable laws, all federal, state (including state supplemental) and local government rebate programs (collectively, “Government Rebate Programs”) for Product sold bearing the Seller’s NDC Number, and Buyer shall administer the Government Rebate Programs for Product sold bearing any NDC Number other than Seller’s NDC Number. Seller shall be financially responsible for all payments related to rebate claims for Product sold bearing Seller’s NDC Number that are submitted by Government Rebate Programs for periods prior to and including the calendar quarter during which the Closing Date takes place. Buyer will be financially responsible for all payments related to Government Rebate Program claims for Product sold bearing Seller’s NDC Number that are for periods beginning with the calendar quarter immediately following the calendar quarter during which the Closing Date takes place. Buyer shall, or shall cause its distributor to, administer and be financially responsible for all payments related to Government Rebate Program claims for Product sold bearing any NDC Number other than Seller’s NDC Number. To the extent that either Buyer or Seller processes, issues credits or remits payment for rebate claims in respect of Product for which the other party is financially responsible under this subsection, such other party shall reimburse such processing or paying party within thirty (30) days of receipt of invoices that describe the requested reimbursements in reasonable detail, other than amounts that are the subject of bona fide disputes.
Government Rebates. Seller shall be responsible for all rebates pursuant to any government rebate programs with respect to government claims for the Products indicating Seller's NDC numbers and dispensed prior to [***]. Buyer shall reimburse Seller for all rebates that Seller is obligated to pay with respect to government claims for the Product dispensed after [***] (it being understood and agreed that the dispense date contained in any report from a state rebate program shall be used for purposes of determining the date of such claim). All payments due Seller under this Section shall be made within thirty (30) days of submission to Buyer of invoices that describe the requested payments in reasonable detail. [***] - CONFIDENTIAL TREATMENT REQUESTED
Government Rebates. Except as limited in Section 8.10(e) below, Seller shall be responsible for all rebates pursuant to any government rebate programs with respect to government claims for the Products indicating Seller's NDC numbers and dispensed prior to December 31, 2001. Buyer shall reimburse Seller for all rebates that Seller is obligated to pay with respect to government claims for the Product dispensed after December 31, 2001 (it being understood and agreed that the dispense date contained in any report from a state rebate program shall be used for purposes of determining the date of such claim). All payments due Seller under this Section shall be made within thirty (30) days of submission to Buyer of invoices that describe the requested payments in reasonable detail.
Government Rebates. DCI shall have all of the responsibility for entering into contracts to pay, and paying all rebates that are payable pursuant to any government rebate programs with respect to the Products and for filing all necessary documentation relating to the reporting of Average Manufacturer Price (as defined in the Social Security Act, 42 U.S.C. §1396r-8(k)) and Best Price (as defined in the Social ▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇ ▇.▇.▇. § ▇▇▇▇▇-▇(▇)(▇)(▇)), or other data or information regarding sales, timing and pricing, for the Products as required by the applicable Governmental Program. Each Party will in a timely manner provide to the other Party any information required to comply with these reporting requirements. “Governmental Programs” shall include, but not be limited to, Medicaid, Medicare Part D, Public Health ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇ and the Department of Defense/Department of Veterans Affairs.