Defective or Recalled Product. Patheon’s maximum aggregate liability to Client for any obligation to (i) refund, offset or replace any defective Product under Section 6.3(a) or (ii) replace any recalled Products under Section 6.3(b), will not exceed [*] of the Price for the defective or recalled Product as applicable. This Section 10.2(a) shall not be subject to Section 10.2(c).
Appears in 3 contracts
Samples: Master Manufacturing Services Agreement (Jazz Pharmaceuticals PLC), Manufacturing Services Agreement, Master Manufacturing Services Agreement (Jazz Pharmaceuticals PLC)
Defective or Recalled Product. Patheon’s maximum aggregate liability to Client for any obligation to (i) refund, offset or replace any defective Product under Section 6.3(a) or (ii) replace any recalled Products Product under Section 6.3(b), will not exceed [***] of the Price for the defective or recalled Product as applicable. This Section 10.2(a10.2(c) shall will not be subject to Section 10.2(c10.2(b).
Appears in 3 contracts
Samples: Manufacturing Services Agreement (Evoke Pharma Inc), Manufacturing Services Agreement (Evoke Pharma Inc), Manufacturing Services Agreement (Evoke Pharma Inc)
Defective or Recalled Product. Patheon’s maximum aggregate liability to Client for any obligation to (i) refund, offset or replace any defective Product under Section 6.3(a) or (ii) replace any recalled Products under Section 6.3(b), will not exceed [*] of the Price for the defective or recalled Product as applicable**]. This Section 10.2(a) shall not be subject to Section 10.2(c)[***].
Appears in 3 contracts
Samples: Master Manufacturing Services Agreement, Master Manufacturing Services Agreement (Baudax Bio, Inc.), Master Manufacturing Services Agreement (Recro Pharma, Inc.)
Defective or Recalled Product. Patheon’s maximum aggregate liability to Client Indivior for any obligation to (i) refund, offset or replace any defective Product under Section 6.3(a) or (ii) replace any recalled Recalled Products under Section 6.3(b), will not exceed [*] **]% of the Price for the defective or recalled Recalled Product as applicable. This Section 10.2(a) shall will not be subject to Section 10.2(c).
Appears in 2 contracts
Samples: Master Manufacturing Services Agreement (Indivior PLC), Master Manufacturing Services Agreement (Indivior PLC)
Defective or Recalled Product. Patheon’s maximum aggregate liability to Client for any obligation to (i) refund, offset or replace any defective Product under Section 6.3(a) or (ii) replace any recalled Products under Section 6.3(b), will not exceed [*] *]% of the Price for the defective or recalled Product as applicable. This Section 10.2(a10.2(b) shall will not be subject to Section 10.2(c).
Appears in 2 contracts
Samples: Master Manufacturing Services Agreement (La Jolla Pharmaceutical Co), Master Manufacturing Services Agreement (Tetraphase Pharmaceuticals Inc)
Defective or Recalled Product. Other than in the case of the Exceptions, Patheon’s maximum aggregate liability to Client for any obligation to (i) refund, offset or replace any defective Product under Section 6.3(a) or (ii) replace any recalled Products under Section 6.3(b), will not exceed [*] of the Price for the defective or recalled Product as applicable**]. This Section 10.2(a) shall will not be subject to Section 10.2(c).
Appears in 2 contracts
Samples: Master Manufacturing Services Agreement (Akebia Therapeutics, Inc.), Master Manufacturing Services Agreement (Keryx Biopharmaceuticals Inc)
Defective or Recalled Product. Patheon’s maximum aggregate liability to Client for any obligation to (i) refund, offset or replace any defective Product under Section 6.3(a) or (ii) replace any recalled Products Product under Section 6.3(b), will not exceed [*] *]% of the Price for the defective or recalled Product as applicable. This Such obligation shall be exclusivity limited by this Section 10.2(a) shall and will not be subject to Section 10.2(c)limited by [**].
Appears in 1 contract
Samples: Manufacturing Services Agreement (Nabriva Therapeutics PLC)
Defective or Recalled Product. Patheon’s maximum aggregate liability to Client for any obligation to (i) refund, offset or replace any defective Defective Product under Section 6.3(a) or (ii) replace any recalled Products under Section 6.3(b), will not exceed [*] 100% of the Price for the defective Defective or recalled Product as applicable. This Section article 10.2(a) shall will not be subject to Section 10.2(c).
Appears in 1 contract
Samples: Master Manufacturing Services Agreement (Melinta Therapeutics, Inc. /New/)
Defective or Recalled Product. Patheon’s maximum aggregate liability to Client for any obligation to (i) refund, offset or replace any defective Product under Section 6.3(a) or (ii) replace any recalled Products under Section 6.3(b), will not exceed [***] of the Price for the such defective or recalled Product as applicable. This Section 10.2(a) shall will not be subject to Section 10.2(c).
Appears in 1 contract
Samples: Master Manufacturing Services Agreement (TESARO, Inc.)
Defective or Recalled Product. Patheon’s maximum aggregate liability to Client for any obligation to (i) refund, or offset or replace any defective Product under Section 6.3(a) or (ii) replace any recalled Products under Section 6.3(b), will not exceed […*] **…]% of the Price for the defective or recalled Product as applicableapplicable . This Section 10.2(a) shall will not be subject to Section 10.2(c).
Appears in 1 contract
Samples: Master Manufacturing Services Agreement (Neurocrine Biosciences Inc)
