Common use of Development Batches Clause in Contracts

Development Batches. Each Batch produced under this Agreement, including those necessary to support the validation portion of Client’s submissions for Regulatory Approvals, will be considered to be a “development batch” unless and until Processing has been validated. Client shall be responsible for the cost of each such Batch, even if such Batch fails to meet the Specifications, unless Catalent was grossly negligent or acted intentionally in the Processing of the out-of-Specification Batch. Catalent and Client shall cooperate in good faith to resolve any problems causing the out-of-Specification Batch.

Appears in 3 contracts

Samples: Commercial Supply Agreement, Commercial Supply Agreement (Kala Pharmaceuticals, Inc.), Commercial Supply Agreement (Kala Pharmaceuticals, Inc.)

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Development Batches. Each Batch produced under this Agreement, including those necessary to support the validation portion of Client’s submissions for Regulatory Approvals, will be considered to be a “development batch” unless and until Processing has been validated. Client shall be responsible for the cost of each such Batch, even if such Batch fails to meet the Specifications, unless Catalent was grossly negligent or acted intentionally in the Processing manufacture of the out-of-of Specification Batch. Catalent and Client shall cooperate in good faith to resolve any problems causing the out-of-Specification Batch.

Appears in 2 contracts

Samples: Commercial Manufacturing Agreement (Salix Pharmaceuticals LTD), Commercial Manufacturing Agreement (Salix Pharmaceuticals LTD)

Development Batches. Each Batch produced under this Agreement, including those necessary to support the validation portion of Client’s submissions for Regulatory Approvals, will be considered to be a “development batch” unless and until Processing has been validated. Client shall be responsible for the cost of each such Batch, even if such Batch fails to meet the Specifications, unless Catalent was grossly negligent or acted intentionally in the Processing of the out-of-Specification Batch[…***…]. Catalent and Client shall cooperate in good faith to resolve any problems problem causing the out-of-Specification Batch. For clarity, when a validation Batch is ultimately used for commercial purposes, such Batch shall no longer be considered a development batch.

Appears in 1 contract

Samples: Commercial Supply Agreement (Acadia Pharmaceuticals Inc)

Development Batches. Each Batch produced under this Agreement, including those necessary to support the validation portion of Client’s submissions for Regulatory Approvals, will be considered to be a “development batch” unless and until Processing has been validated. Client shall be responsible for the cost of each such Batch, even if such Batch fails to meet the Specifications, unless Catalent was grossly negligent or acted intentionally committed willful misconduct in the Processing of the out-of-Specification Batch. Catalent and Client shall cooperate in good faith to resolve any problems problem causing the out-of-Specification Batch.

Appears in 1 contract

Samples: Manufacturing Preparation and Commercial Supply Agreement (Avadel Pharmaceuticals PLC)

Development Batches. Each Batch produced under this Agreement, including those necessary to support the validation portion of Client’s 's submissions for Regulatory Approvals, will be considered to be a "development batch" unless and until Processing has been validated. Client shall be responsible for the cost of each such Batch, even if such Batch fails to meet the Specifications, unless Catalent was grossly negligent or acted intentionally in the Processing of the out-of-Specification Batch. Catalent and Client shall cooperate in good faith a commercially reasonable manner to resolve any problems causing the out-of-Specification Batch.

Appears in 1 contract

Samples: Softgel Commercial Supply Agreement (Aurinia Pharmaceuticals Inc.)

Development Batches. Each Batch produced Processed under this Agreement, including those necessary to support the validation portion of Client’s submissions for Regulatory Approvals, will be considered to be a “development batch” unless and until Processing has been validated. Client shall be responsible for the cost of each such pre-validation Batch, even if such Batch fails to meet the Specifications, unless Catalent did not follow mutually agreed upon directions or instructions for Processing such Batch or was grossly negligent or acted intentionally engaged in willful misconduct in the Processing of the out-of-Specification Batch. Catalent and Client shall cooperate in good faith to resolve any problems causing the such out-of-Specification Batch.

Appears in 1 contract

Samples: Commercial Supply Agreement (Phathom Pharmaceuticals, Inc.)

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Development Batches. Each Batch produced under this Agreement, including those necessary to support the validation portion of Client’s submissions for Regulatory Approvals, will be considered to be a “development batch” unless and until Processing has been validated. Client shall be responsible for the cost of each such Batch, even if such Batch fails to meet the Specifications, unless Catalent was grossly negligent or acted intentionally in the Processing of the out-of-Specification Batch. Catalent and Client shall cooperate in good faith to resolve any problems problem causing the out-of-Specification Batch.

Appears in 1 contract

Samples: Commercial Supply Agreement (Biohaven Pharmaceutical Holding Co Ltd.)

Development Batches. Each Batch produced under this Agreement, including those necessary to support the validation portion of Client’s submissions for Regulatory Approvals, will be considered to be a “development batch” unless and until Processing has been validated. Client shall be responsible for the cost of each such BatchBatch as set forth in Attachment C, even if such Batch fails to meet the Specifications, unless Catalent was grossly negligent or acted intentionally engaged in willful misconduct in the Processing manufacture of the out-of-Specification Batch. Catalent and Client shall cooperate in good faith to resolve any problems causing the out-of-Specification Batch.

Appears in 1 contract

Samples: Commercial Manufacturing and Packaging Agreement (Vivus Inc)

Development Batches. Each Batch produced under this Agreement, including those necessary to support the validation portion of Client’s submissions for Regulatory Approvals, will be considered to be a “development batch” unless and until Processing has been validated. Client shall be responsible for the cost of each such Batch, even if such Batch fails to meet the Specifications, unless Catalent was grossly negligent or acted intentionally in the Processing of the out-of-Specification Batch. Catalent and Client shall cooperate in good faith to resolve any problems causing the out-of-Specification Batch.

Appears in 1 contract

Samples: Commercial Supply Agreement (Minerva Neurosciences, Inc.)

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