Excessive Rejections Sample Clauses

Excessive Rejections. (a) The DWT shall review the number of non-conforming Devices rejected by Amylin on a quarterly basis. Beginning […***…] following the date on which Lilly commences the Manufacture of Devices for commercial use, the Parties shall from time to time, as requested by Amylin, review the number of Devices properly rejected by Amylin, both on a cumulative basis from the date that is […***…] after such manufacturing line was placed into service (the “Rejection Measurement Date”) and on a per-batch basis. The Parties shall meet to discuss the rejection rate and determine an appropriate course of action if the cumulative number of Devices properly rejected by Amylin exceeds (i) […***…] of the total volume of Devices shipped by Lilly to Amylin until such time as Lilly has shipped […***…] to Amylin, and (ii) […***…] of the total volume of Devices shipped by Lilly to Amylin thereafter (the “Cumulative Rejection Rate”). Unless the Parties agree to a different course of action, the Committee or its designee shall develop a Manufacturing Action Plan intended to reduce the rejection rate to a level below the above-mentioned rates (the “Manufacturing Action Plan”). The Manufacturing Action Plan shall specify in detail the steps to be taken and an appropriate timetable for action. All costs of implementing the changes called for in the Manufacturing Action Plan shall be included in Actual Manufacturing Costs, or Development Costs, as appropriate. (b) Lilly shall use its Commercially Reasonable Efforts to implement the Manufacturing Action Plan within the timeline established by the Manufacturing Action Plan. If Lilly fails to utilize Commercially Reasonable Efforts to implement the Manufacturing Action Plan, and as a result the number of Devices rejected by Amylin after the date on which the Manufacturing Action Plan should have been implemented continues to exceed the applicable Cumulative Rejection Rate stated in Section 5.7(a) above over a […***…], then (i) Lilly shall bear the costs of replacing rejected Devices to the extent the number of such Devices exceeds such Cumulative Rejection Rate, and such cost shall not be included in the Cost of Product Sold for resolution in accordance with Article 4 of the Collaboration Agreement, and (ii) Amylin shall have the right to terminate this Agreement for material breach pursuant to Section 11.3(b). (c) If Lilly places in service more than one assembly line, or replaces an existing line with a new line, the provisions above shal...
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Related to Excessive Rejections

  • Order Rejections 53.11.1 CenturyLink shall reject and return to CLEC any order that CenturyLink cannot provision, due to technical reasons, missing information, or jeopardy conditions resulting from CLEC ordering service at less than the standard order interval. 53.11.2 When an order is rejected, CenturyLink will, in its reject notification, describe the existing reasons for which the order was rejected.

  • Latent Defects Notwithstanding anything to the contrary set forth herein, no acceptance, or deemed acceptance, by City pursuant to this Section shall be applicable with respect to any Latent Defects. An acceptance, or deemed acceptance, by City pursuant to this Section shall not mean that City has accepted, or the other party has been relieved of, responsibility for: (i) compliance with the Laws; (ii) the proper application of construction means or methods; or (iii) correcting any portion of the Project if it later is determined that any portion of the Project is inconsistent with the Final Documents and Drawings.

  • Happen After We Receive Your Letter When we receive your letter, we must do two things:

  • Happen After We Receive Your Letter When we receive your letter, we must do two things:

  • Shortages Claims for shortages in the amount of Products shipped by Patheon will be dealt with by reasonable agreement of the parties.

  • Unsafe Work Conditions No Employee shall be disciplined for refusal to work on a job which in the opinion of: (a) A member of a safety committee; or (b) A person designated by a safety committee; or (c) A safety officer after an on-site inspection and following discussion with a representative of the Employer, does not meet the standards established pursuant to the Workers' Compensation Act.

  • What Will Happen After We Receive Your Letter When we receive your letter, we must do two things:

  • Pack Rejection 6.4.1 <<customer_name>> will notify BellSouth within one business day of rejected packs (via the mutually agreed medium). Packs could be rejected because of pack sequencing discrepancies or a critical edit failure on the Pack Header or Pack Trailer records (i.e. out-of-balance condition on grand totals, invalid data populated). Standard ATIS EMI Error Codes will be used. <<customer_name>> will not be required to return the actual rejected data to BellSouth. Rejected packs will be corrected and retransmitted to <<customer_name>> by BellSouth.

  • Unsafe Working Conditions Employees shall be recognized by the Employer to have the competence to determine what constitutes unsafe working conditions within their discipline. No employee shall be disciplined for refusal to work in a situation which is deemed unsafe beyond the reasonable requirements of the employee's job.

  • Explosives Explosives or other highly flammable substances shall not be stored or used on Railroad's property without the prior written approval of Railroad.

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