Customer Complaints; Recalls Sample Clauses

Customer Complaints; Recalls. Alpharma, after consultation with Orchid, shall make all final decisions with respect to any complaint, Adverse Drug Experience Report or Serious Adverse Drug Experience Report (each as defined in the Quality Agreement), or any Product recall, market withdrawals or any other corrective action related to the Products sold by Alpharma or its Affiliates in the Territory, provided however, if Orchid demonstrates to Alpharma that one or both of the parties would most likely be deemed negligent for not initiating a recall, withdrawal or taking other remedial action in order to avoid personal injury to consumers of the Product, liability to Customers or third parties or violations of Applicable Laws and Alpharma does not agree thereafter to take appropriate action based on Orchid's demonstration, Orchid shall not be liable for any damages or indemnity obligations arising from such inaction which could have been otherwise prevented or mitigated and Alpharma shall indemnify and hold Orchid harmless from any third party claims or third party Losses resulting therefrom. Orchid shall assist Alpharma (at Alpharma's sole cost and expense unless provided to the contrary below), to the extent necessary or relevant, in (i) investigating complaints regarding any Product sold by Alpharma or its Affiliates hereunder, including, but not limited to testing of the Product in accordance with appropriate testing procedures, and (ii) implementing withdrawals or recalls of Products (whether required by a Regulatory Authority or voluntarily undertaken). Each party shall notify the other party in accordance with the terms of the Quality Agreement of any complaints concerning the Product or the Regulatory Authorities directions to withdraw or recall the Product. Upon the receipt by either party of any direction to withdraw or recall a Product from the Territory by any Regulatory Authority having jurisdiction, the receiving party shall notify the other party. Notwithstanding the foregoing, if any such withdrawal or recall results from a Manufacturer Error, storage or handling until the Products have been received by Alpharma, Orchid shall reimburse Alpharma for (i) the direct costs incurred by Alpharma to effect the withdrawal or recall and (ii) any Supply Price paid to Orchid by Alpharma in respect of such recalled or withdrawn Products. Except as otherwise expressly stated herein, the party holding the Regulatory Approval for a Product subject to this Section shall be responsible for ...
Sample 1
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Customer Complaints; Recalls a. Alpharma shall have sole responsibility for and shall make all decisions with respect to any complaint, Adverse Drug Experience Report or Serious Adverse Drug Experience Report (each as defined in the Quality Agreement), or any recall, market withdrawals or any other corrective action related to the Developed Products. Shasun shall provide all assistance requested by Alpharma in investigating complaints regarding any Developed Product supplied by Shasun hereunder, including without limitation testing of the Developed Product in accordance with Alpharma's testing procedures. Shasun shall notify Alpharma in accordance with the terms of the Quality Agreement of any complaints received by Shasun concerning the Developed Product.
Sample 1
Customer Complaints; Recalls. (a) The Manufacturer shall provide all reasonable assistance requested by Warner in investigating customer complaints regarding any Product that, in Warner’s reasonable opinion, are related to or arise from the manufacturing and/or packaging of such Product, including, without limitation, testing of the Product in accordance with Warner’s Specifications.
Sample 1
Customer Complaints; Recalls. (a) Except as otherwise set forth in Section 8 hereto, Buyer shall make all decisions with respect to any complaint, Adverse Drug Experience Report or Serious Adverse Drug Experience Report (each as defined in the Quality Agreement), or any recall, market withdrawals or any other corrective action related to the Product. The Manufacturer shall provide commercially reasonable assistance to Buyer in investigating complaints regarding any Product supplied by Manufacturer hereunder, including without limitation testing of the Product in accordance with Manufacturer's specifications. The Manufacturer shall notify Buyer in accordance with the terms of the Quality Agreement of any complaints received by Manufacturer concerning the Product.
Sample 1

Related to Customer Complaints; Recalls

  • Customer Complaints Each party hereby agrees to promptly provide to the other party copies of any written or otherwise documented complaints from customers of Dealer received by such party relating in any way to the Offering (including, but not limited to, the manner in which the Shares are offered by the Dealer Manager or Dealer), the Shares or the Company.

  • Product Complaints Subdistributor shall promptly notify Distributor of (but in no event later than 24 hours after receipt), and provide, upon Distributor’s request, reasonable assistance to address and investigate, any complaint or adverse claim about any Product or its use of which Subdistributor becomes aware;

  • Complaints Deal with complaints and correspondence of Institutions and Account holders directed to or brought to the attention of the Administrator;

  • Product Recalls The Company is not aware of any pattern or series of claims against the Company or any of its subsidiaries which reasonably could be expected to result in a generalized product recall relating to products sold by the Company or any of its subsidiaries, regardless of whether such product recall is formal, informal, voluntary or involuntary.

  • Customer Relations A. Actively promote DCP Holding Company in all Marketing, Sales, Public Relations, and Community activity.

  • Contact with Customers and Suppliers Until the Closing Date, the Buyer shall not, and shall cause its Affiliates and direct its other Representatives not to, contact or communicate with the employees, customers, suppliers, distributors or licensors of the Acquired Entities, or any other Persons having a business relationship with the Acquired Entities, concerning the transactions contemplated hereby or any of the foregoing relationships without the prior written consent of the Seller.

  • Notice of Complaints Each Purchaser shall promptly notify the applicable Seller upon becoming aware of any complaint concerning any Serviced Appointment made by any party to the Serviced Corporate Trust Contract, any Securityholder, any Credit Enhancement Provider or any rating agency.

  • Supplier shall exercise reasonable care in carrying out the provisions of this Agreement, but shall be kept indemnified by, and shall be without liability to CMA and/or any Fund for any action taken or omitted by it in good faith without negligence including, without limitation, acting in accordance with any Proper Instruction. Supplier shall be entitled to rely on and may act upon the advice of counsel (who may be counsel for CMA or any Fund) on all matters arising in connection with the Services. At any time, Supplier may apply to any officer of CMA or a Fund for instructions and may consult with outside counsel for CMA or the applicable Fund or the independent auditors for the Fund at the expense of the Fund, or other individuals designated in writing by CMA or the Fund, for advice with respect to any matter arising in connection with the Services. Supplier shall not be liable, and shall be indemnified by each Fund or CMA, as applicable, for any action taken or omitted by it in good faith in reliance upon any such instructions or advice or upon any paper or document believed by it to be genuine and to have been signed by such officers or individuals. Supplier shall not be held to have notice of any change of authority of any officer or individual until receipt of written notice thereof from the Fund or CMA. Nothing in this Section shall be construed as imposing upon Supplier any obligation to seek such instructions or advice. Without in any way limiting the generality of the foregoing, Supplier shall in no event be liable for any loss or damage arising from causes beyond its control including, without limitation, delay or cessation of services hereunder or any damages to CMA or a Fund resulting therefrom as a result of work stoppage, power or other mechanical failure, natural disaster, governmental action, communication disruption or other impossibility of performance.

  • Customer The term “Customer” includes all persons, firms or entities that are purchasers or end-users of services or products offered, provided, developed, designed, sold or leased by the Company during the relevant time periods, and all persons, firms or entities which control, or which are controlled by, the same person, firm or entity which controls such purchase.

  • Customer Service As between Fig and Developer, Developer shall be solely responsible for providing and maintaining customer service and technical support in the Territory to Distributors and end users with respect to the Licensed Game (including, for the avoidance of doubt, any Distributors and end-users of Fig pursuant to Fig Sales (as defined below)). Such customer service and technical support shall be of a quality that is comparable to such customer service and technical support as Developer provides for its other “top-tier” titles. For the purposes of this Section, “customer service” means the resolution of issues pertaining to the Licensed Game in the following general categories: payment processing, order inquiries, replacements and refunds, and technical support.

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