Common use of Nova Clause in Contracts

Nova. Factor represents and warrants that it is currently eligible to participate as a provider in the Medicaid program in each state in the Territory except those states listed on Schedule "J", attached hereto and incorporated herein by reference, and covenants that it will maintain such eligibility during the term of this Agreement. Nova Factor may amend Schedule "J" in its sole discretion to add additional states and shall provide Centocor with prompt notice of any such amendment, provided that Nova Factor shall not add any state to Schedule "J" unless that state has changed its laws to require an in-state pharmacy presence for eligibility in its Medicaid program. Nova Factor shall remove a state from Schedule "J" (and shall provide notice to Centocor of such removal) when the state no longer requires an in-state pharmacy presence for the eligibility in the state's Medicaid program.