Contingency for Usable Samples Sample Clauses

Contingency for Usable Samples. (a) Within thirty (30) days following its receipt of each shipment of Samples and the applicable Certificate of Analysis, Interleukin shall conduct a review to confirm whether such Samples are Usable Samples by: (i) reviewing the Certificate of Analysis and/or (ii) conducting independent acceptance testing of the Samples (the “Sample Review”). Upon completion of the Sample Review, Interleukin shall notify Geisinger in writing within fourteen (14) business days of its determination of whether the Samples are not Usable Samples (such notice, the “Failed Sample Notification”) or are Usable Samples (such notice, the “Sample Acceptance Notification”). (b) Notwithstanding anything to the contrary in Section 3.2(a), Interleukin’s use of Samples in the conduct of the Study, other than for conducting PCR experiments to determine usability of Samples, shall result in identification of such shipment of Samples as Usable Samples, and therefore, constitute an implied Sample Acceptance Notification, even if Interleukin has not provided a written Sample Acceptance Notification or a Failed Sample Notification to Geisinger. (c) If Interleukin either (i) provides Geisinger with Sample Acceptance Notice according to Section 3.2(a), (ii) uses the Samples in the conduct of the Study according to Section 3.2(b) other than for conducting PCR experiments to determine usability of Samples, or (iii) does not provide a Failed Sample Notification according to Section 3.2(a) within the specified timeframe, then the Parties hereby agree that the Samples are Usable Samples. (d) In the event that Interleukin provides Geisinger with a Failed Sample Notification within the specified timeframe according to Section 3.2(a): (i) If Interleukin conducts research with the Samples other than for conducting PCR experiments to determine usability of Samples, then Interleukin will be deemed to have recognized the Samples as Usable Samples; (ii) If both Parties agree, which agreement may be based on a Laboratory determination, that less than ninety percent (90%) of the Samples are Usable Samples (a “Minimum Supply Failure”), then Geisinger shall have up to forty-five (45) days to remedy such Minimum Supply Failure such that at least ninety percent (90%) of the total Samples supplied to Interleukin are Usable Samples as agreed to by both Parties (the “Remedy Period”) and (B) during the Remedy Period, Interleukin shall not conduct any research with the Samples according to terms set forth in Section 3....