Acceptance and Rejection of the Product. (a) Endo shall, (i) in the case of defects which are discovered during incoming inspection by Endo, within 30 days after Endo receives delivery of shipment of the Product, or (ii) in the case of latent defect, within 30 days from the date that Endo discovered such defect, notify Noven, in writing, of any rejection of any such Product ("Rejection Notice"), on the basis of (A) any non-compliance with the Specifications or (B) failure of any such shipment to conform with any product warranty set forth in this Agreement. Failure to provide Rejection Notice to Noven within the applicable 30-day period shall constitute acceptance by Endo of the shipment. Any such possible Rejection Notice shall state in reasonable detail (sufficient to enable Noven to identify the nature of the problem for tests or studies to be conducted by or on its behalf or to dispute the same) the reason why Endo believes the Product may not be acceptable to Endo. Endo shall, within five business days of its receipt of a request by Noven for Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. samples of rejected Product, provide samples of the Product being rejected, if appropriate, and copies of written reports relating to tests, studies or investigations performed to date by or on behalf of Endo on the Product being rejected.
Appears in 1 contract
Samples: Supply Agreement (Endo Pharmaceuticals Holdings Inc)
Acceptance and Rejection of the Product. (a) Endo shall, (i) in the case of defects which are discovered during incoming inspection by Endo, within 30 days after Endo receives delivery of shipment of the Product, or (ii) in the case of latent defect, within 30 days from the date that Endo discovered such defect, notify Noven, in writing, of any rejection of any such Product ("Rejection NoticeREJECTION NOTICE"), on the basis of (A) any non-compliance with the Specifications or (B) failure of any such shipment to conform with any product warranty set forth in this Agreement. Failure to provide Rejection Notice to Noven within the applicable 30-day period shall constitute acceptance by Endo of the shipment. Any such possible Rejection Notice shall state in reasonable detail (sufficient to enable Noven to identify the nature of the problem for tests or studies to be conducted by or on its Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. behalf or to dispute the same) the reason why Endo believes the Product may not be acceptable to Endo. Endo shall, within five business days of its receipt of a request by Noven for Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. samples of rejected Product, provide samples of the Product being rejected, if appropriate, and copies of written reports relating to tests, studies or investigations performed to date by or on behalf of Endo on the Product being rejected.
Appears in 1 contract
Acceptance and Rejection of the Product. (a) Endo shall, (i) in the case of defects which are discovered during incoming inspection by Endo, within 30 days after Endo receives delivery of shipment of the Product, or (ii) in the case of latent defect, within 30 days from the date that Endo discovered such defect, notify Noven, in writing, of any rejection of any such Product ("Rejection NoticeREJECTION NOTICE"), on the basis of (A) any non-compliance with the Specifications or (B) failure of any such shipment to conform with any product warranty set forth in this Agreement. Failure to provide Rejection Notice to Noven within the applicable 30-day period shall constitute acceptance by Endo of the shipment. Any such possible Rejection Notice shall state in reasonable detail (sufficient to enable Noven to identify the nature of the problem for tests or studies to be conducted by or on its behalf or to dispute the same) the reason why Endo believes the Product may not be acceptable to Endo. Endo shall, within five business days of its receipt of a request by Noven for Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. samples of rejected Product, provide samples of the Product being rejected, if appropriate, and copies of written reports relating to tests, studies or investigations performed to date by or on behalf of Endo on the Product being rejected.
Appears in 1 contract
Acceptance and Rejection of the Product. (a) Endo shall, (i) in the case of defects which are discovered during incoming inspection by Endo, within 30 days after Endo receives delivery of shipment of the Product, or (ii) in the case of latent defect, within 30 days from the date that Endo discovered such defect, notify Noven, in writing, of any rejection of any such Product ("Rejection Notice"), on the basis of (A) any non-compliance with the Specifications or (B) failure of any such shipment to conform with any product warranty set forth in this Agreement. Failure to provide Rejection Notice to Noven within the applicable 30-day period shall constitute acceptance by Endo of the shipment. Any such possible Rejection Notice shall state in reasonable detail (sufficient to enable Noven to identify the nature of the problem for tests or studies to be conducted by or on its behalf or to dispute the same) the reason why Endo believes the Product may not be acceptable to Endo. Endo shall, within five business days of its receipt of a request by Noven for Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. samples of rejected Product, provide samples of the Product being rejected, if appropriate, and copies of written reports relating to tests, studies or investigations performed to date by or on behalf of Endo on the Product being rejected.
Appears in 1 contract
Samples: Supply Agreement (Endo Pharmaceuticals Holdings Inc)