Common use of BLP Warranties Clause in Contracts

BLP Warranties. BLP represents and warrants to ISTA that (i) at the time of delivery, the Product supplied hereunder will conform to the Specifications and all Applicable Laws, (ii) all Product supplied by BLP under this Agreement shall be merchantable, free from defects and shall not be adulterated or misbranded within the meaning of the ACT, as amended, (iii) BLP shall manufacture the Product in accordance with the Specifications and in a facility that complies with all Applicable Laws, and is covered by all necessary registrations and licenses, and BLP shall maintain all such registrations and licenses during the Term hereof, (iv) when applicable to the work performed by BLP, BLP will adhere to Applicable Laws, and (v) BLP shall store all API and Product in a secure facility and in accordance with the Specifications and all Applicable Laws. THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT WHERE BLP COMMITS A WILLFUL, INTENTIONAL BREACH OF ANY MATERIAL PROVISION UNDER THIS AGREEMENT, BLP SHALL NOT BE RESPONSIBLE OR LIABLE UNDER ANY PROVISION OF THIS AGREEMENT OR UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY RESULTANT INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO LOSS OF REVENUES AND LOSS OF PROFITS FROM BLP'S FAILURE TO PROVIDE THE PRODUCT TO ISTA OR OTHERWISE.