Non-Conforming. If, during the Acceptance Procedure, any Product is determined by Client or SBL as Non-Conforming Product, at the option of Client, SBL shall take Commercially Reasonable Efforts to promptly Manufacture replacement Product (except to the extent prohibited by cGMP or applicable QAG) and deliver to Client the quantity of the Product equivalent to the quantity of Non-Conforming Product on a date to be mutually agreed by the Parties and such replacement Batch shall be invoiced and paid for as if it were the original Non-Conforming Product. If SBL does not confirm the non-conformity, the Parties shall refer to an independent and mutually agreed-on laboratory or firm with international repute to test the disputed Product. The costs of the independent laboratory will be borne by the Party responsible for the Batch Failure, as determined by the independent laboratory, whose written decision shall be binding on the Parties. If the independent laboratory is paid in advance of a final written determination, the Parties shall share equally such expense, and the Party at fault shall reimburse the other Party for its share of any such expenses paid after there has been a final written determination made by the independent laboratory. Section 5.9.2(a) (i) and (ii) shall apply to such replaced Product mutatis mutandis. Responsibility for the costs of such Non-Conforming Product shall be as if such Non-Conforming Product is a Batch Failure and Section 5.8.2 – 5.8.4 shall apply to such Non-Conforming Product mutatis mutandis. The remedies contained in this Section 5.9.2 shall be the sole and exclusive remedy of client for Non-Conforming Product.
Non-Conforming. If, during the Acceptance Procedure, any Product is reasonably determined by Client as Non-Conforming Product, and SBL confirms such non-conformity, or such non-conformity is confirmed pursuant to Section 4.11.2, such non-conformity shall be treated as a Batch Failure, and the remedy set forth in Section 4.11 above shall apply to the Non-Conforming Product mutatis mutandis. Notwithstanding anything to the contrary, Client agrees to [* * *]. The remedies contained in this Section 4.12.2 shall be [* * *]; provided, however, the foregoing shall not [* * *].
Non-Conforming. Tender Materials or services supplied under this contract shall fully comply with the contract. The delivery of materials or services or a portion of the materials or services that do not fully comply constitutes a breach of contract. On delivery of nonconforming materials or services the Area Agency may terminate the contract for default under applicable termination clauses in the contract, exercise any of its rights and remedies under the Uniform Commercial Code, or pursue any other right or remedy available to it.
Non-Conforming. MATERIAL - Suppliers are responsible for notifying Accutron if non-conforming materials have been inadvertently shipped to Accutron, Inc. As stated herein --- Seller is responsible for all cost associated Order, RoHS, REACH, WEEE, or other applicable regulatory requirement deficiencies and will accept a full return for all parts not meeting current Order, Federal or applicable State regulations.
Non-Conforming. Tender means a Tender that does not strictly comply with the Tender Criteria and includes an Alternative Tender.
Non-Conforming insurance shall not relieve Manager of its obligations hereunder. The insurance required by this Agreement shall be carried at all times during the Term. Failure to carry or keep such insurance in full force and effect shall be an Event of Default, and shall not relieve Manager of any liability, under this Agreement. The Authority maintains the right to suspend Manager’s rights and performance under this Agreement until proper evidence of insurance is provided.
Non-Conforming. GOODS Buyer is not required to perform incoming inspections on any goods, and Seller waives any right to require Buyer to conduct any such inspections. If goods do not conform, Xxxxx will inform Xxxxxx in writing about the non-conformity as soon as reasonably practical as soon after the Buyer has discovered it. The Buyer will confirm the non-conformity in writing if requested by the Seller, to do so. The Seller will be permitted to rework, replace, or otherwise remedy a non-conformity in the goods as long as: (a) the nonconformity has been discovered after delivery of the goods but before the Buyer has started to use the goods, (b) the Seller can perform the remedial work at its location, or at the Buyer's site (subject to any restrictions in any labor agreement of the Buyer) without disruption to the Buyers operations, (c) the remedial work will not cause any delay in the Buyers operations, including its production process, or cause the Buyer to incur any additional costs; and (d) the cure can be completed by the deadline established by the Buyer. Buyer and Xxxxxx shall agree to a reasonable remedial action plan as described herein. If both Buyer and Seller determine in good faith that the remedial work cannot be done as described herein, the Buyer is entitled to either reject the nonconforming goods, return them to Seller and, at the Buyers option, request redelivery of conforming goods, return them to the Seller and, at the Buyers option, request redelivery of conforming goods.
Non-Conforming an individual who may act or present in a way contrary to societal expectations of their gender
Non-Conforming. Any Attachment, Overlashing or Facility of Municipality that does not comply with the requirements of Section 6.1 (Technical Standards) and any Overlashing that does not meet the requirements of Section 5.1 (Overlashing) will be deemed “non-conforming.” Subject to the good faith dispute provision in Section 12.3, Municipality must correct any non-conforming condition within thirty (30) days of the date of notice from Frontier via ENS. Municipality must perform correction itself or designate an Other Licensees or agent designated by Municipality to perform the correction, but any such designation must not relieve Municipality of its obligations under this Section 6.5.1.
Non-Conforming. MATERIAL (OUTPUTS) External Provider shall notify SCM of non-conforming product within 24 hours of discovery of such non-conformity, regardless of whether it be prior, during, or after receipt of the product. SCM does not grant disposition authority for non-conforming product. No known non-conforming product shall be shipped to us without our written authorization. External Provider shall obtain SCM ’s approval for non-conforming product disposition. SERIOUS FAILURES, MALFUNCTIONS OR DEFECTS External Provider shall notify SCM of any serious failures, malfunctions or defects found in the product within 24 hours of discovery via written communication.
