Common use of Non-Conforming Clause in Contracts

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. If, during the Acceptance Procedure, any Product is reasonably determined by Client as Non-Conforming Product, and SBL confirms such non-conformity, or such nonwhich confirmation shall be based reasonably and in good faith on the definition of Non-conformity is confirmed pursuant to Section 4.11.2Conforming Product under this Agreement, 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. 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. 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 5.8 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 5.9.2 shall be [* * *]; provided, however, the foregoing shall not [* * *]sole and exclusive remedy of client in the event of Non-Conforming Product.