definiens: ( or ) ( as defined under the Social Security Act, 42 U.S.C. Section 1396r-8(k)(l ) . To the extent not otherwise prohibited by applicable confidentiality restrictions, for so long as the Transferred Products are sold under BLS 's ( or its applicable Affiliate 'S ) NDC numbers, Kos shall submit to BLS the AMP and BP values and a written summary describing Kos 's methodology for calculating such values, in each case by the twenty - fifth ( 25th ) day of the month following the end of each calendar month during the Term ; provided, however that Kos agrees to use commercially reasonable efforts to obtain permission from Third Parties to share such information with BLS ( and its Affiliates ) . Following receipt of such values, BLS shall submit ( or shall cause its Affiliate to submit ) such values to the Center for Medicaid and Medicare Services in compliance with all applicable Laws . To the extent not otherwise prohibited by applicable confidentiality restrictions -15 -I - PRlI28S 123.26 or by applicable Law, within thirty ( 30 ) days of the Closing Date, BLS ( or its applicable Affiliate ) shall provide Kos with the baseline information and AMP and any such similar information needed by Kos to establish its rebate and chargeback systems . BLS ( or its applicable Affiliate ) agrees to use commercially reasonable efforts ( or cause its Affiliate to use commercially reasonable efforts ) to obtain permission from Third Parties to share such information with Kos