Common use of Claims for Detectable Defects Clause in Contracts

Claims for Detectable Defects. Myovant shall notify Takeda within [***] Business Days after receipt of any shipment of the Drug Substance or Drug Product supplied by or on behalf of Takeda of the existence and nature of any defect in or failure of the Drug Substance or Drug Product to comply with Section 4.1 or Section 6.1 at the time of delivery that could have been detected by a reasonable physical inspection of the Drug Substance or Drug Product at the time of delivery (“Detectable Defects”). If such notice is not provided within such [***] Business Day period, then such Drug Substance or Drug Product will be deemed to be in compliance with this Agreement, Myovant will be deemed to have accepted the Drug Substance or Drug Product, and Takeda will have no further responsibility for such Detectable Defects. A non-conformity relating to stability of the Drug Substance or Drug Product shall not be considered a Detectable Defect.

Appears in 3 contracts

Samples: Manufacturing Agreement (Myovant Sciences Ltd.), Manufacturing Agreement (Myovant Sciences Ltd.), Manufacturing Agreement (Myovant Sciences Ltd.)

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Claims for Detectable Defects. Myovant shall notify Takeda within [***] Business Days days after receipt by Myovant or its designated dosage form manufacturer of any shipment of the Drug Substance or Drug Product supplied by or on behalf of Takeda of the existence and nature of any defect in or failure of the Drug Substance or Drug Product to comply with Section 4.1 5.1 or Section 6.1 7.1 hereof at the time of delivery hereunder that could have been detected by a reasonable physical inspection of the Drug Substance or Drug Product at the such time of delivery (“Detectable Defects”). If such notice is not provided within such [***] Business Day day period, then such Drug Substance or Drug Product will shall be deemed not to be in compliance with this Agreementhave any Detectable Defects, Myovant will shall be deemed to have accepted the Drug Substance or Drug ProductSubstance, and Takeda will shall have no further responsibility for such Detectable Defects. A For the purposes hereof, a non-conformity relating to stability of the Drug Substance or Drug Product shall not be considered a Detectable Defect.

Appears in 3 contracts

Samples: Commercial Manufacturing & Supply Agreement (Myovant Sciences Ltd.), Commercial Manufacturing & Supply Agreement (Myovant Sciences Ltd.), Commercial Manufacturing & Supply Agreement (Myovant Sciences Ltd.)

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