Common use of CONTROL AND QUALITY Clause in Contracts

CONTROL AND QUALITY. 5.1 A Steering Committee will be put in place following the entry into force of this Agreement, consisting of one representative designated by BioAmber from time to time and one representative designated by ARD from time to time. Such committee (i) will oversee the application of this Agreement and any process development or optimization work and (ii) shall remain in force until the termination of this Agreement. In the event of any disagreement, the parties undertake to cooperate with diligence and good faith in order to find an amicable solution to any dispute that may arise between them, it being understood that BioAmber, as exclusive beneficiary of the Demonstration Plant and the party liable for the operational cost of the Demonstration Plant during the term of this Agreement, shall make the final decision. If an amicable solution is not found and agreed to between the members of the Steering Committee with respect to any disagreement within a period of two (2) weeks from its occurrence, BioAmber shall have the sole authority to make a final decision regarding the concerned disagreement. In the event that BioAmber imposes a decision that ARD does not agree with, and ARD notifies BioAmber of its objection in writing, indicating the reasons for its objection, BioAmber shall be responsible for any cost related to lost batches or partially lost batches that are the direct result of the decision imposed by BioAmber, if ARD has complied with all standard operating procedures and fulfilled its obligations under this Agreement, subject to all applicable laws. * Confidential Treatment Requested

Appears in 2 contracts

Samples: Toll Manufacturing Agreement (BioAmber Inc.), Toll Manufacturing Agreement (BioAmber Inc.)

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CONTROL AND QUALITY. 5.1 5.1. A Steering Committee will be put in place following the entry into force of this Agreement, consisting of one representative designated by BioAmber Bioamber from time to time and one representative designated by ARD from time to time. Such committee (i) will oversee the application of this Agreement and any process development or optimization work and (ii) shall remain in force until the termination of this Agreement. In the event of any disagreement, the parties undertake to cooperate with diligence and good faith in order to find an amicable solution to any dispute that may arise between them, it being understood that BioAmberBioamber, as exclusive beneficiary of the Demonstration Plant and the party liable for the operational cost of the Demonstration Plant during the term of this Agreement, shall make the final decision. If an amicable solution is not found and agreed to between the members of the Steering Committee with respect to any disagreement within a period of two (2) weeks from its occurrence, BioAmber Bioamber shall have the sole authority to make a final decision regarding the concerned disagreement. In the event that BioAmber Bioamber imposes a decision that ARD does not agree with, and ARD notifies BioAmber Bioamber of its objection in writing, indicating the * Confidential treatment requested reasons for its objection, BioAmber Bioamber shall be responsible for any cost related to lost batches or partially lost batches that are the direct result of the decision imposed by BioAmberBioamber, if ARD has complied with all standard operating procedures and fulfilled its obligations under this Agreement, subject to all applicable laws. * Confidential Treatment Requested.

Appears in 2 contracts

Samples: Toll Manufacturing Agreement, Toll Manufacturing Agreement (BioAmber Inc.)

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