Losses; Materials Value Clause Samples

Losses; Materials Value. ▇▇▇▇▇▇ shall, without undue delay, notify Radius if at any time ▇▇▇▇▇▇ or ▇▇▇▇▇▇ Pharma believes that any work in progress, Finished Product or Radius Materials, or any intermediates and components of any work in progress, Radius Materials or Finished Product, have been damaged, lost or stolen during use, storage or handling thereof (as not being part of the Manufacture of the Cartridges or Pens). ▇▇▇▇▇▇ and/or ▇▇▇▇▇▇ Pharma shall have no responsibility or liability to Radius (or any third party on behalf of Radius) for any damage, loss, or theft of the Radius Materials (whether included as part of the work in progress or Finished Product or otherwise), except to the extent that such damage, loss, or theft is due to the (i) [*], and is not coverable by an all-risk property insurance (whether or not purchased by Radius, in its sole discretion, as referred to in Section 4.7), in which event the only liability of ▇▇▇▇▇▇ and/or ▇▇▇▇▇▇ Pharma shall be for ▇▇▇▇▇▇ to compensate Radius for any such damage, loss or theft of the Radius Materials, [*], subject to the Annual Cap; or (ii) Willful Misconduct of ▇▇▇▇▇▇ or ▇▇▇▇▇▇ Pharma, in which event the only liability of ▇▇▇▇▇▇ and/or ▇▇▇▇▇▇ Pharma shall be for ▇▇▇▇▇▇ to compensate Radius for any such damage, loss or theft of the Radius Materials by their respective replacement value. If insufficient quantities of Radius Materials remain at the Facility to Manufacture a Batch, following any such damage, loss, or theft, ▇▇▇▇▇▇ shall, following re-supply of the Radius Materials by Radius, cause ▇▇▇▇▇▇ Pharma to Manufacture, at ▇▇▇▇▇▇’▇ costs and/or expenses, the affected Batch as soon as reasonably possible, but within three (3) months at the latest.