Conformity with Specifications. DPT warrants that all Products sold pursuant to this Agreement will have been manufactured in accordance with the Specifications for the release of the Product or pursuant to exceptions approved by COMPANY at the time of manufacture.
Conformity with Specifications. VIVUS warrants that it will and will cause its Third Party suppliers to ensure that all Product manufactured by or on behalf of VIVUS and sold to Purchaser pursuant to this Agreement will at the time of delivery to the common carrier for such Product (i) meet the Specifications, (ii) not be misbranded or adulterated and (iii) will be in compliance with all Applicable Laws.
Conformity with Specifications. FAULDING warrants that, at the time of manufacture, the Drug Product is prepared and tested in accordance with cGMP and meets the Specifications. Because FAULDING has no control of the conditions under which the Drug Product is used, the diagnosis of the patient before or after treatment with the Drug Product, the method of use or administration of the Drug Product, and handling of the Drug Product after delivery to CUMBERLAND, FAULDING does not warrant either a good effect, or against an ill effect, following the use of the Drug Product. The foregoing warranty is exclusive and in lieu of all other warranties either written, oral, or implied. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. No representative of FAULDING may change any of the foregoing warranties and CUMBERLAND accepts the Drug Product subject to all terms hereof.
Conformity with Specifications. BIONICHE represents and warrants that, at the time of Manufacture, the Drug Product is prepared and tested in accordance with cGMP and meets the Specifications. In the event that any production lot of a Drug Product is not Manufactured in accordance with the Specifications or other requirements hereunder, BIONICHE shall, at CUMBERLAND’s request, perform new Manufacturing as necessary to fulfill any then outstanding purchase order of CUMBERLAND. BIONICHE shall be fully responsible for the costs of any Bulk Drug Substance or components required for such new Manufacturing. Because BIONICHE has no control of the conditions under which the Drug Product is used, the diagnosis of the patient before or after treatment with the Drug Product, the method of use or administration of the Drug Product, and handling of the Drug Product after delivery to CUMBERLAND, BIONICHE does not warrant either a good effect, or against an ill effect, following the use of the Drug Product. The foregoing warranty is exclusive and in lieu of all other warranties either written, oral, or implied. No representative of BIONICHE may change any of the foregoing warranties and CUMBERLAND accepts the Drug Product subject to all terms hereof. EXCEPT AS SPECIFICALLY PROVIDED FOR IN THIS ARTICLE 5 AND PARAGRAPH 11.4, BIOMCHE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED (i) OF COMMERCIAL UTILITY; (ii) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; OR (iii) THAT THE USE OF THE DRUG PRODUCTS BY CUMBERLAND OR ANY THIRD PARTY WILL NOT INFRINGE ANY PATENT, COPYRIGHT OR TRADEMARK OR OTHER PROPRIETARY OR PROPERTY RIGHTS OF OTHERS. EXCEPT AS PROVIDED FOR HEREIN, BIONICHE WILL NOT BE LIABLE TO CUMBERLAND, CUMBERLAND’S SUCCESSORS OR ASSIGNS OR ANY THIRD PARTY WITH RESPECT TO ANY CLAIM ARISING FROM CUMBERLAND’S OR ANY THIRD PARTY’S USE OF THE DRUG PRODUCTS. CUMBERLAND ACCEPTS ALL RISK AND RESPONSIBILITY FOR DETERMINING THE MANNER IN WHICH CUMBERLAND WILL USE THE DRUG PRODUCTS, AND BIONICHE MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING, AND ASSUMES NO RESPONSIBILITY FOR, THE PERFORMANCE OF ANY OTHER PRODUCT(S) INTO WHICH THE DRUG PRODUCTS MAY BE INCORPORATED.
Conformity with Specifications. The Products will be manufactured strictly in accordance with the standards, procedures, specifications, formulations and recipes from time to time reasonably established by Buyer. If at any time Buyer reasonably deems the quality of the Products to be below such standards, Buyer may so notify Seller in writing, and Seller will immediately bring such substandard Products up to the quality standards required by this Supply Agreement. Buyer's right to oversee the quality of the Products shall not in any way replace, supersede or substitute for the quality control required to be exercised by Seller hereunder. The exercise of any action of quality control by Buyer shall be for its sole and exclusive benefit. If at any xxxx Xxxxxx adapts or modifies the Products in accordance with a request from Buyer, Seller will produce and manufacture such alternate or modified Products using the same quality control standards and procedures with respect to such Products as Seller is required to observe in the manufacture of the Products.
Conformity with Specifications. CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND WILL BE FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A CONFIDENTIAL TREATMENT REQUEST. DPT warrants that:
Conformity with Specifications. NEON represents and warrants that the Network Plus Fiber Network shall: (a) be in full compliance with and operate within the parameters of the Specifications, and (b) be fit to perform as an optical fiber cable system; provided, however, that such warranties shall in no way be deemed to be a limitation on or in derogation of NEON's obligations under Section 5, herein. Any maintenance or repairs to the NEON System required as a result of a breach of the foregoing warranties shall be performed at NEON's sole cost and expense.
Conformity with Specifications. Subject to the Bulk Compound supplied to Aventis complying with all relevant specifications, Aventis acting in its own name and on behalf of its Affiliates, represents warrants and covenants that Product manufactured, tested and handled by Aventis or its Affiliates and sold to Purchaser pursuant to this Agreement will comply with the Specifications and Technical Agreement at the time of delivery to the common carrier for such Product in effect at the time of manufacture.
Conformity with Specifications. Solvay warrants that, at the time of shipment and for its shelf life, any API supplied by it hereunder shall meet the API Specifications except for any failure to meet API Specifications arising due to the handling, packaging or other act or omission of Jazz Pharmaceuticals.
Conformity with Specifications. Any Cartridges that Medica manufactures under this Agreement must conform to the specifications in Exhibit D (the “Specifications”) and (2) be manufactured, labeled, packaged, stored, and tested (while in the possession of, stored by, or under the control of Medica) in accordance with cGMP. Medica shall provide adequate packaging for protection during normal shipping and handling environments.
