Dispute Regarding Rejection Clause Samples
The "Dispute Regarding Rejection" clause establishes a process for resolving disagreements when one party rejects goods, services, or deliverables provided under a contract. Typically, this clause outlines the steps both parties must follow if the recipient believes the rejection was unwarranted, such as providing written notice, engaging in discussions, or seeking third-party evaluation. Its core function is to ensure that disputes over rejections are handled fairly and efficiently, reducing the risk of prolonged conflict and providing a clear path to resolution.
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Dispute Regarding Rejection. If the Parties disagree as to whether a particular delivery of Finished Product contains Non-Conforming Finished Product, and cannot resolve such disagreement within 30 days, the Parties shall appoint an independent testing laboratory or other appropriate expert mutually acceptable to the Parties (the “Testing Laboratory”) to (a) review data that are in question or (b) to oversee the evaluation and testing of a sample of such Finished Product at the Testing Laboratory. The Testing Laboratory will conduct testing in accordance with the methods established for testing as set forth in the applicable Specifications. The Party whose position in the dispute was not supported by the Testing Laboratory’s findings shall bear the costs of the Testing Laboratory. Arena shall address all amounts of Non-Conforming Finished Product as determined by the Testing Laboratory as provided in Section 6.11.
Dispute Regarding Rejection. If the Parties disagree as to whether a particular delivery of API contains Non-Conforming API, an independent and mutually acceptable independent, neutral Third Party arbitrator will be appointed to (a) review data that are in question and/or (b) to oversee the evaluation and testing of a sample of such purportedly Non-Conforming API at an independent, neutral referee laboratory. Such referee laboratory will conduct testing in accordance with the methods established for testing as set forth in the API Specifications. The costs of the referee testing will be charged to the Party whose position in the dispute was not supported by the referee’s findings. FFFC, if at fault, shall be solely responsible for the prompt replacement of all amounts of Non-Conforming API, or at Cempra’s election, FFFC shall refund the amounts paid or incurred by Cempra on account of the delivery of such Non-Conforming API (if previously paid for).
Dispute Regarding Rejection. If the Parties or Arena and the Designated Distributor disagree as to whether a particular delivery of Product contains Non-Conforming Product, and cannot resolve such disagreement within 30 days, the Parties shall appoint an independent testing laboratory or other appropriate expert mutually acceptable to the Parties (and if applicable the Designated Distributor) (the “Testing Laboratory”) to (a) review data that are in question or (b) oversee the evaluation and testing of a sample of such Product at the Testing Laboratory. The Testing Laboratory will conduct testing in accordance with the methods established for testing as set forth in the applicable Specifications. The Party whose position in the dispute was not supported by the Testing Laboratory’s findings (or Eisai if the Designated Distributor’s position was not supported by such findings) shall bear the costs of the Testing Laboratory. Arena shall address all amounts of Non-Conforming Product as determined by the Testing Laboratory as provided in Section 6.5.
Dispute Regarding Rejection. If the parties disagree as to whether a particular delivery of Journey Product contains Non-Conforming Product, and cannot resolve such disagreement within 60 days, the parties shall appoint an independent testing laboratory or other appropriate expert mutually acceptable to the parties (the "Testing Laboratory") to (a) review data that are in question or (b) to oversee the evaluation and testing of a sample of Journey Product at the Testing Laboratory. The Testing Laboratory will conduct testing in accordance with the methods established for testing as set forth in the applicable Specifications. The party whose position in the dispute was not supported by the Testing Laboratory's findings shall bear the costs of the Testing Laboratory. INFORMATION HAS BEEN MARKED WITH “[***].
Dispute Regarding Rejection. If the Parties disagree as to whether a particular delivery of Finished Product contains Non-Conforming Finished Product, and cannot resolve such disagreement within [***] days, the Parties shall appoint an independent testing laboratory or other appropriate expert mutually acceptable to the Parties (the “Testing Laboratory”) to (a) review data that are in question or (b) to oversee the evaluation and testing of a sample of such Finished Product at the Testing Laboratory. The Testing Laboratory will conduct testing in accordance with the methods established for testing as set forth in the applicable Specifications. The Party whose position in the dispute was not supported by the Testing Laboratory’s findings shall bear the costs of the Testing Laboratory. Arena shall address all amounts of Non-Conforming Finished Product as determined by the Testing Laboratory as provided in Section 6.10. *** This portion has been redacted pursuant to a confidential treatment request under Rule 24b-2 of the Securities Exchange Act of 1934, as amended. A complete copy of this document has been filed separately with the Securities and Exchange Commission.