Common use of Partial Withdrawal Clause in Contracts

Partial Withdrawal. In lieu of terminating this Agreement, Ceres may elect to give notice to PharMerica (a “Withdrawal Notice”), at least ninety (90) days prior to the last day of the Initial Term or any Term Extension, as the case may be, that certain Facilities and BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. the corresponding Facility Operators specified in the Withdrawal Notice will Withdraw from this Agreement. A Withdrawal Notice shall not be deemed effective until the Withdrawal Notice (i) encompasses no fewer than five (5) Facilities (the “Withdrawing Facilities”) (unless at the time such Withdrawal Notice is given fewer than five (5) Facilities are covered by this Agreement, in which case the Withdrawal Notice shall cover all of the remaining Facilities), (ii) specifies a date for each of the Withdrawing Facilities (each, a “Withdrawal Date”) on which the PharMerica Entities are to cease providing Products and Services to that Withdrawing Facility (the Withdrawal Date as to any Facility shall be a date after the last day of the Initial Term or the Term Extension, as the case may be, and on or before February 28 (February 29, in the case of a leap year) of the calendar year that immediately follows the last day of the Initial Term or the Term Extension, as the case may be), and (iii) designates at least one Ceres representative who will work with PharMerica to develop a transition plan to a new institutional pharmacy provider for the Withdrawing Facilities beginning on the day following the Withdrawal Date.

Partial Withdrawal. In lieu of terminating this Agreement, Ceres may elect to give notice to PharMerica (a “Withdrawal Notice”), at least ninety (90) days prior to the last day of the Initial Term or any Term Extension, as the case may be, that certain Facilities and BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. the corresponding Facility Operators specified in the Withdrawal Notice will Withdraw from this Agreement. A Withdrawal Notice shall not be deemed effective until the Withdrawal Notice (i) encompasses no fewer than five (5) Facilities (the “Withdrawing Facilities”) (unless at the time such Withdrawal Notice is given fewer than five (5) Facilities are covered by this Agreement, in which case the Withdrawal Notice shall cover all of the remaining Facilities), (ii) specifies a date for each of the Withdrawing Facilities (each, a “Withdrawal Date”) on which the PharMerica Entities are to cease providing Products and Services to that Withdrawing Facility (the Withdrawal Date as to any Facility shall be a date after the last day of the Initial Term or the Term Extension, as the case may be, and on or before February 28 (February 29, in the case of a leap year) of the calendar year that immediately follows the last day of the Initial Term or the Term Extension, as the case may be), and (iii) designates at least one Ceres representative who will work with PharMerica to develop a transition plan to a new institutional pharmacy provider for the Withdrawing Facilities beginning on the day following the Withdrawal Date.

Partial Withdrawal. In lieu of terminating this Agreement, Ceres may elect to give notice to PharMerica (a “Withdrawal Notice”), at least ninety (90) days prior to the last day of the Initial Term or any Term Extension, as the case may be, that certain Facilities and [*] CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. the corresponding Facility Operators specified in the Withdrawal Notice will Withdraw from this Agreement. A Withdrawal Notice shall not be deemed effective until the Withdrawal Notice (i) encompasses no fewer than five (5) Facilities (the “Withdrawing Facilities”) (unless at the time such Withdrawal Notice is given fewer than five (5) Facilities are covered by this Agreement, in which case the Withdrawal Notice shall cover all of the remaining Facilities), (ii) specifies a date for each of the Withdrawing Facilities (each, a “Withdrawal Date”) on which the PharMerica Entities are to cease providing Products and Services to that Withdrawing Facility (the Withdrawal Date as to any Facility shall be a date after the last day of the Initial Term or the Term Extension, as the case may be, and on or before February 28 (February 29, in the case of a leap year) of the calendar year that immediately follows the last day of the Initial Term or the Term Extension, as the case may be), and (iii) designates at least one Ceres representative who will work with PharMerica to develop a transition plan to a new institutional pharmacy provider for the Withdrawing Facilities beginning on the day following the Withdrawal Date.