Loss of Product. In the event that any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, Vendor shall refund Client a pro-rated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided.
Loss of Product. In the event that any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, DPC shall refund Client a pro-rated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided.
Loss of Product. Carrier shall be responsible for any loss, damage or destruction of Product tendered to it by Shipper from the time such Product enters Carrier’s equipment at the flange connecting Carrier’s equipment to the receipt point until the Product passes through the flange connecting Carrier’s equipment at the delivery point. Carrier shall reimburse Shipper for loss, damage or injury to the Product except when such loss, damage or injury is caused by the wrongful act or negligence of Shipper, its agents or employees, in which case Shipper shall bear its proportionate share of responsibility for all loss, damage or injury of Product. In the event Product is lost, damaged, or injured, Carrier’s liability to Shipper shall be limited to the cost of freight for such lost or damaged Product.
Loss of Product. Subject to PPS’s Limitation of Liability, any loss of Product or Javelin Components during Processing that exceeds allowed production losses (as defined in the Standard Operating Procedures and Batch Records) and that is not attributable to contingencies beyond PPS’s reasonable control shall be for the account of and charged to PPS at a cost, in respect of each batch of Product or Javelin Components, of [***], whichever is less. For Product loss attributable to PPS not resulting from activities performed in the normal course of Processing of Product, PPS shall be liable for [***] subject to PPS’s annual limitation of liability.
Loss of Product. (1) With respect to the Production of Product at [*], the Parties shall evaluate and mutually determine after completion of both the [*], having regard to the previous calendar year’s performance, to process enhancements, to the relevant requirements of any Regulatory Authority, to GMP requirements and to all other relevant circumstances, it being understood and agreed that the previous calendar year’s performance shall not be determinative for such review and agreement. The Parties shall, at the end of each calendar year, mutually determine and agree on the cumulative actual losses of NPS Raw Materials over the relevant calendar year [*]. To the extent that the [*]. VPI shall reimburse NPS for the cost of any deficiency wherein the [*], all as set forth in Appendix 2, but in no event shall the combined total of the reimbursed amount(s) [*]; provided, that such reimbursement shall only be made, if at all, after any [*].
