Hospira’s Warranties and Covenants. Hospira represents and warrants to Theravance that:
Hospira’s Warranties and Covenants. (a) Hospira represents and warrants to Genzyme that all Products Hospira delivers to Genzyme pursuant to this Agreement shall, at the time of delivery, not be adulterated or misbranded within the meaning of the Act or within the meaning of any Applicable Law in which the definitions of adulteration and misbranding are substantially the same as those contained in the Act, as the Act and such laws are constituted and effective at the time of delivery and will not be an article which may not under the provisions of Sections 404 and 505 of the Act be introduced into interstate commerce.
Hospira’s Warranties and Covenants. (a) Hospira represents and warrants to Genzyme that all Products Hospira delivers to Genzyme pursuant to this Master Agreement shall, at the time of delivery, not be [**] = Portions of this exhibit have been omitted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed separately with the Commission. adulterated or misbranded within the meaning of the Act or within the meaning of any Applicable Law in which the definitions of adulteration and misbranding are substantially the same as those contained in the Act, as the Act and such Applicable Laws are constituted and effective at the time of delivery, and will be an article which may, under the provisions of Sections 404 and 505 of the Act, be introduced into interstate commerce.
Hospira’s Warranties and Covenants. Hospira represents and warrants to Durata that:
Hospira’s Warranties and Covenants. Hospira represents and warrants to Company that Product Hospira delivers to Company pursuant to this Agreement shall, at the time of delivery, not be adulterated or misbranded within the meaning of the Act or within the meaning of any applicable state or municipal law in which the definitions of adulteration and misbranding are substantially the same as those contained in the Act, as the Act and such laws are constituted and effective at the time of delivery and will not be an article which may not under the provisions of Sections 404 and 505 of the Act be introduced into interstate commerce. Hospira further represents and warrants to Company that Product Hospira delivers to Company pursuant to this Agreement shall, at the time of delivery, (i) be free from defects in material and workmanship, (ii) meet the Product Specifications, and (c) shall have been manufactured, sold and delivered in compliance with all applicable statutes, laws, rules or regulations, including those relating to the environment, food or drugs and occupational health and safety, including, without limitation, those enforced or promulgated by the FDA and other Regulatory Authorities with respect to the Territory (including, without limitation, compliance with cGMPs). Hospira further represents and warrants to Company that Hospira's performance of its obligations under this Agreement will not result in a material violation or breach of any agreement, contract, commitment or obligation to which Hospira is a party or by which it is bound and will not conflict with or constitute a default under its Certificate of Incorporation or corporate bylaws. The foregoing warranties shall not extend to any nonconformity or defect which relates to or is caused by API supplied by Company to Hospira. Company's sole and exclusive remedy in the event of any non-conforming or defective Product shall be limited to (i) reimbursement of API costs in accordance with Section 5.3(c); (ii) replacement or refund of the nonconforming or defective Product as set forth in Section 5.9; (iii) reimbursement of Product recall costs as set forth in Section 7.5; and (iv) indemnification by Hospira of third party claims relating to such nonconforming or defective Product as set forth in Section 8.3. HOSPIRA MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO PRODUCT. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, (EXCEPT THE IMPLIED WARRANTY OF TITLE PROVIDED THAT HOSPIRA MAKES NO REPRESENTATION AS TO THE OWNERSHIP OF...
Hospira’s Warranties and Covenants. (a) Hospira represents and warrants to MediciNova that the Products Hospira delivers to MediciNova pursuant to this Agreement shall: (i) at the time of delivery, not be adulterated or misbranded within the meaning of the Act or within the meaning of any applicable state or municipal law in which the definitions of adulteration and misbranding are substantially the same as those contained in the Act, as the Act and such laws are constituted and effective at the time of delivery; (ii) will be an article which may under the provisions of Sections 404 and 505 of the Act be introduced into interstate commerce; and (iii) for Vial Products, have at the date of delivery an expiry date of not less than [***], assuming [***] of total shelf life, and [***] assuming [***] of total shelf life; and (iv) for Kits, have at the date of delivery an expiry date of not less than [***], assuming [***] of total shelf life for the ADD-Vantage diluent container. Certain information in this exhibit, marked by brackets and asterisks [***], has been omitted and will be filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. Confidential treatment has been requested with respect to the omitted portions.
Hospira’s Warranties and Covenants. (a) Hospira represents and warrants to Theratechnologies that the Product Hospira delivers to Theratechnologies pursuant to this Agreement shall, at the time of delivery, not be adulterated or misbranded within the meaning of the Federal Food, Drug and Cosmetic Act, as amended (the “Act”), or within the meaning of any applicable state or municipal law in which the definitions of adulteration and misbranding are substantially the same as those contained in the Act, as the Act and such laws are constituted and effective at the time of delivery and will not be an article which may not under the provisions of Sections 404 and 505 of the Act be introduced into interstate commerce.
Hospira’s Warranties and Covenants. Hospira represents and warrants to Kythera that:
Hospira’s Warranties and Covenants. (a) Hospira represents and warrants to OBI that Product Hospira delivers to OBI pursuant to this Agreement shall, at the time of delivery, not be adulterated or misbranded within the meaning of the Act or within the meaning of any applicable state or municipal law in which the definitions of adulteration and misbranding are substantially the same as those contained in the Act, as the Act and such laws are constituted and effective at the time of delivery and will not be an article which may not under the provisions of Sections 404 and 505 of the Act be introduced into interstate commerce. (b) Hospira further represents and warrants to OBI that all Product Hospira delivers to OBI pursuant to this Agreement shall, at the time of delivery, be free from defects in material and workmanship and shall be manufactured: (i) in accordance and conformity with the Product Specifications; (ii) pursuant to this Agreement and the Technical & Quality Agreement: and (iii) in compliance with all Applicable Laws.
