Non-Conformance. (a) In the event that either Party becomes aware that any Compound may have a Non-Conformance, despite testing and quality assurance activities (including any activities conducted by the Parties under Section 8.8.1), such Party shall immediately notify the other Party in accordance with the procedures of the Clinical Quality Agreement. The Parties shall investigate any Non-Conformance in accordance with Section 8.9 (Investigations) and any discrepancy between them shall be resolved in accordance with Section 8.8.3.
Non-Conformance. Vendor assumes all liability for delivering goods that do not meet the specification(s) and standard(s) specified on the face of the PO. Any non- conforming goods and/or services which are delivered to PISD are accepted under a “reservation of PISD’s rights” to contest, dispute, request offsets, reject, or return the non-conforming goods and/or services, in whole or in part. Any tender of goods or performance of services by Vendor which are non-conforming as to the quality, quantity, or the delivery schedule shall constitute a breach of this PO and PISD shall have the absolute right to reject the goods and/or services, in whole or in part. In the event that PISD does not accept any goods and/or services which have been submitted to PISD, PISD is entitled to any and all remedies that are provided by law. In addition to the U.C.C. allowed contract by contract right of setoff, PISD is entitled to a “party by party” right of set off. PISD is not required to mitigate its damages in order to obtain the relief for any breach of contract remedies available to it. In addition, PISD has the right to do any or all of the following, in PISD’s sole discretion:
Non-Conformance. 8.9.2.1. In the event that either Party becomes aware that any Compound may have a Non-Conformance, despite testing and quality assurance activities (including any activities conducted by the Parties under Section 8.9.1 (After Manufacturer’s Release)), such Party shall immediately notify the other Party. Notification related to MSD Compound shall be in accordance with the Clinical Quality Agreement. MSD shall investigate any Non-Conformance of the MSD Compound in accordance with the Clinical Quality Agreement.
Non-Conformance. If Parent reasonably believes that any Licensed Product, any component thereof, or any materials used to advertise, market or promote the Licensed Products do not conform to the Applicable Standards or any other requirement of this Agreement (either during the new product development process or after the Licensed Product has been Sold), Parent may give notice to Licensee that it desires to meet and discuss its findings with Licensee and have Licensee create (or cause to be created) a corrective action plan. To the extent Licensee’s corrective action plan is not implemented or is not effective to resolve the identified issue or concern, Licensee will submit to Parent a revised corrective action plan and Parent will have the right to submit questions or concerns in accordance with Section 3.2(d), and the process outlined in Section 3.2(d) shall apply mutatis mutandis to revised corrective action plans covering non-conforming Licensed Products. If, notwithstanding the implementation and adoption of corrective action plans in accordance with Section 3.2(d), the applicable Licensed Product continues not to conform to the Applicable Standards or any other requirement of this Agreement, or if Licensee fails to implement such corrective action plans, in each case, other than with respect to immaterial non-conformance with the Usage Guidelines; provided, that Licensee is using good faith efforts to correct such non-conformance, then, without prejudice to Parent’s right to terminate the Agreement in accordance with Article 7, Licensee shall (and shall ensure Permitted Sublicensees) promptly cease manufacturing, Selling, advertising, marketing, promoting, and servicing such non-conforming Licensed Products or advertising, marketing and promotional materials in connection with the XX Xxxxx. Licensee acknowledges, on behalf of itself and Permitted Sublicensees and Vendors, that any use of the XX Xxxxx during a suspension period in contravention of this Section 3.6 shall be deemed unauthorized and infringing.
Non-Conformance. 11.2.1 Additional Material or Product that do not meet established Specifications shall be handled as Non-conformities and documented as such, in accordance with Strakan’s or its Contract Manufacturer’s standard operating procedures. Actions taken to investigate Non-conformity and to justify the release of the Lot of Product or Batch shall be fully documented.
Non-Conformance. 15 8.1 Non-Conformance.......................................................................................................................................................................................................................................................................................... 15 8.2 No BioVectra Liability for Non-Conforming Product............................................................................................................................................................................................................................... 16 8.3 BioVectra Liability for Non-Conforming Product; Replacement............................................................................................................................................................................................................ 16 8.4 Cooperation in Investigations; Disposition of Non-Conforming Product........................................................................................................................................................................................... 16 8.5 Third Party / Arbitration............................................................................................................................................................................................................................................................................... 16
Non-Conformance. 2.9.2.1 Contractor shall record results of Functional Performance Tests and Integrated System Tests. Contractor or Commissioning Authority if engaged for the project shall report all Deficiencies and non-conformance issues to Commissioning Xxxx.xx accordance with the procedures outlined in the Commissioning Plan.
Non-Conformance. Any deviation from this procedure shall be identified and registered with corrective and preventative measures for continual improvement in accordance with the ACSA Non Conformance Policy, Procedure and Working Instruction - Z001 001M.
Non-Conformance. Helix may reject any Product on the ground that it is non-conforming by giving written notice thereof to BioVectra (an “NC Notice”) within sixty (60) days after the delivery date for such Product. Such written notice shall specify the manner in which such Product fails to conform to the warranties set forth in Sections 11.1 and 11.2 and shall be accompanied by any test results or reports evidencing such non-conformity. For a period of twenty-one (21) days following BioVectra’s receipt of an NC Notice, the Parties shall diligently and in good faith seek to reach agreement on whether a nonconformity exists and, if so, whether such nonconformity was caused by BioVectra’s breach of the warranties set forth in Sections 11.1 and 11.2.
Non-Conformance. Helix may reject any Product on the ground that it is non-conforming by giving written notice thereof to CPL (an “NC Notice”) within sixty (60) days after the Delivery Date for such Product. Such written notice shall specify the manner in which such Product fails to conform to the warranties set forth in Sections 11.1 and 11.2 and shall be accompanied by any test results or reports evidencing such non-conformity. For a period of twenty-one (21) days following CPL’s receipt of an NC Notice, the Parties shall diligently and in good faith seek to reach agreement on whether a nonconformity exists and, if so, whether such nonconformity was caused by CPL’s breach of the warranties set forth in Sections 11.1 and 11.2.
