Common use of Acceptance of the Product Clause in Contracts

Acceptance of the Product. (a) Following receipt of a shipment of Product at the final destination, LANNETT, or its designee, shall conduct a visual inspection of the Product and all accompanying documents provided by ELITE, including without limitation, the Certificate of Analysis, in accordance with its customary procedures. LANNETT shall advise ELITE, in writing, if it is rejecting a shipment of Product due to obvious physical damage or obvious packaging defect that are evident upon such visual inspection of the packaged Product as shipped by ELITE. LANNETT (and its designees) shall have no obligation to inspect the Product beyond the visual inspection provided for in this Article 4.8(a). (b) In the case of defects other than those obvious defects described in Article 4.8(a), including, by way of example, any failure of the Product, at the time of delivery, to meet the Analytical Specifications and the representations, warranties and covenants of Article 9.2(f), LANNETT shall promptly notify ELITE if it becomes aware of such non-obvious defect(s). Any defect in physical condition of Products delivered by ELITE or Products that do not conform with the Analytical Specifications (as may be in effect from time to time) or the representations, warranties and covenants of Article 9.2

Acceptance of the Product. (a) Following receipt of a shipment of Product at the final destination, LANNETT, or its designee, shall conduct a visual inspection of the Product and all accompanying documents provided by ELITE, including without limitation, the Certificate of Analysis, in accordance with its customary procedures. LANNETT LXXXXXX shall advise ELITE, in writing, if it is rejecting a shipment of Product due to obvious physical damage or obvious packaging defect that are evident upon such visual inspection of the packaged Product as shipped by ELITE. LANNETT (and its designees) shall have no obligation to inspect the Product beyond the visual inspection provided for in this Article 4.8(a). (b) In the case of defects other than those obvious defects described in Article 4.8(a), including, by way of example, any failure of the Product, at the time of delivery, to meet the Analytical Specifications and the representations, warranties and covenants of Article 9.2(f), LANNETT LXXXXXX shall promptly notify ELITE if it becomes aware of such non-obvious defect(s). Any defect in physical condition of Products delivered by ELITE or Products that do not conform with the Analytical Specifications (as may be in effect from time to time) or the representations, warranties and covenants of Article 9.2

Acceptance of the Product. (a) Following receipt of a shipment of Product at the final destination, LANNETTGLENMARK, or its designee, shall conduct a visual inspection of the Product and all accompanying documents provided by ELITE, including without limitation, the Certificate of Analysis, in accordance with its customary procedures. LANNETT GLENMARK shall advise ELITE, in writing, if it is rejecting a shipment of Product due to obvious physical damage or obvious packaging defect that are evident upon such visual inspection of the packaged Product as shipped by ELITE. LANNETT GLENMARK (and its designees) shall have no obligation to inspect the Product beyond the visual inspection provided for in this Article 4.8(a). (b) In the case of defects other than those obvious defects described in Article 4.8(a), including, by way of example, any failure of the Product, at the time of delivery, to meet the Analytical Specifications Manufacturing Requirements and the representations, warranties and covenants of Article 9.2(f), LANNETT GLENMARK shall promptly notify ELITE if it becomes aware of such non-obvious defect(s). Any defect in physical condition of Products delivered by ELITE or Products that do not conform with the Analytical Specifications Manufacturing Requirements (as may be in effect from time to time) or the representations, warranties and covenants of Article 9.2