Customer under the MDCO
Contract.
c)
Distributor will deny any Chargeback claims that it determines
to be invalid.
d)
If a chargeback claim is denied for insufficient
information, Distributor will allow Bill-To Customers to resubmit the claim with
complete information. In addition, if new information surfaces that requires
corrections and adjustments to sales reports, Distributor will allow claims to
be reopened and resubmitted.
e)
The Parties will promptly resolve chargeback
reconciliation issues, with each Party responding to the other within thirty
(30) days following receipt of supporting documentation. If a chargeback dispute
arises between Distributor and a Bill-To Customer, Distributor will notify MDCO
promptly upon identifying the problem so that MDCO may intervene. If MDCO is
unable to resolve the dispute within seven (7) business days of notification,
Distributor will have no further obligation to sell to such Bill-To Customer
until such time that the Parties resolve the reconciliation issue.
f)
If a
Customer returns a Product that was subject to a chargeback claim, Distributor
will report such return to MDCO and reverse the chargeback claim by adjusting
any credit memo(s) issued to Bill-To Customer.
g)
MDCO will promptly
reimburse Distributor for any amounts deducted by Bill-To Customers from amounts
owed by them to Distributor relating to Product such Bill-To Customers purchased
from MDCO; provided, however, nothing in this Section shall affect MDCO's and
the Distributor's rights and obligations under the 3PL Agreement.
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