Notice of Non-Conformance. If CITY becomes aware of a nonconformity of the Services with this Agreement, CITY shall give prompt written notice thereof to CONSULTANT who shall promptly conform such services to the requirements of this Agreement.
Notice of Non-Conformance. (a) Auxilium will supply to Pfizer the applicable batch number for the Bulk Product delivered as well as such other information as the Parties may set forth in the Quality Agreement with respect to the Manufacture of the Product (a “Manufacturing Certificate of Analysis”) for all Product shipped to Pfizer hereunder. Pfizer shall promptly on receipt of each shipment of Bulk Product hereunder inspect, or cause to have inspected, each shipment of the Product for any damage, defect or shortage and within a reasonable period of time give Auxilium written notice of any such damaged, defective or short shipment (a “Notice of Non-Conformance”).
(b) Latent Defects shall be communicated to Auxilium, together with appropriate detail, via a Notice of Non-Conformance, without undue delay after such Latent Defect is first discovered by Pfizer (or Pfizer otherwise is notified of such Latent Defect), but in all cases within two (2) business days of the date on which such Latent Defect was first discovered by Pfizer or was notified to Pfizer by the relevant Party discovering the defect, and thereafter such Latent Defect shall be handled as set forth in the remainder of this Section 7.9 and/or the Quality Agreement, as applicable. For purposes of this Section 7.9.1(b), “Latent Defects” shall mean those defects that could not be discovered by inspection by Pfizer or its designee as described in Section 7.9.1(a).
Notice of Non-Conformance. IPCS shall give prompt written notice to -------------------------- SDS of any fault or defect noted by IPCS in the Services provided by SDS or any third party engaged by SDS.
Notice of Non-Conformance. In the event that any Drug Substance is Non-Conforming Drug Substance, Tercica may reject the same by giving written notice thereof to CBSB (i) within [*] days after the Shipping Date, based on an inspection of such Drug Substance and packing and shipping materials and components, including temperature monitors, for [*] from the results of the applicable Quality Review and Approval and a review of the related Batch Record and other Manufacturing Documentation, or, (ii) in the case of [*], [*], but in no event more than [*] after the Delivery Date for such Drug Substance; provided, that if CBSB cannot deliver Drug Substance on a given Delivery Date as scheduled, the period for reporting [*] from the date on which a given Batch has completed Quality Review and Approval and is available for delivery to the Designated Carrier. Such written notice shall specify the manner in which such Drug Substance fails to conform to the warranties set forth in Sections 17.1 and 17.2 and shall be accompanied by any test results or reports evidencing such non-conformity. For the avoidance of doubt, the [*] period for reporting [*] set forth above shall not be tolled nor extended in the event that Tercica requests that CBSB store Drug Substance beyond the Delivery Date or the date on which a given Batch has completed Quality Review and Approval and is made available for delivery to the Designated Carrier, as the case may be.
Notice of Non-Conformance. Should INTELSAT, prior to expiration or termination of this Contract, notify Contractor in writing that any Work is not in conformance with the requirements of this Contract, Contractor shall promptly remedy such nonconformance. Any Work found to be non-conforming during or after testing required under this Contract shall, at INTELSAT’s request and without charge to INTELSAT, be promptly retested by Contractor after Contractor has remedied such nonconformance.
Notice of Non-Conformance. (a) In the event that any delivery of Supplied Product to BD pursuant to this Agreement contains any Non-Conforming Product, then BD may elect, without limiting any other remedies available to BD under this Agreement, to reject all or a portion of such delivery by giving written notice thereof to SDIX no later than thirty (30) days after the Delivery Date. Subject to Section 3.5.1, any delivery of Supplied Product that BD has not so rejected shall be deemed to be accepted by BD.
(b) In the event that, at any time after the Delivery Date but before the end of the Warranty Period, BD determines in good faith that any Supplied Product Manufactured hereunder contains any Non-Conforming Product, BD may revoke its acceptance of such Supplied Product by giving prompt written notice thereof to SDIX.
(c) In the case of any rejection under Section 3.5.2(a) or any revocation of acceptance under Section 3.5.2(b), the applicable notice thereof submitted by BD to SDIX shall state with particularity the reasons for such rejection or revocation of acceptance and shall specify the manner in which such Supplied Product is alleged to constitute Non-Conforming Product, and shall be accompanied by any reports evidencing the same. SDIX and BD shall consult with each other and shall cooperate to determine the underlying cause of such non-conformance.
Notice of Non-Conformance. GRACE will notify ChromaDex promptly after any of the following occurs: GRACE becomes aware of any failure of any Product Inputs or Products to meet the applicable Specifications; GRACE’s failure to comply with any provision of this Agreement; or any related inquiry, investigation or inspection by any governmental authority. GRACE agrees to provide ChromaDex a copy of any non-privileged reports or other documents related thereto.
Notice of Non-Conformance. 9.1.1 In the event that Genentech, in good faith, reasonably determines through review of Batch Records and other Manufacturing Data provided by Wyeth and/or testing of the Product by Genentech that a Batch from a Qualification Run or Commercial Run is Non-Conforming Product, Genentech may reject such Batch on the grounds that such Product is Non-Conforming Product by giving written notice thereof to Wyeth [*] after samples of such Product are delivered to Genentech for testing in accordance with Section 5.6.
9.1.2 In the event that, after the Acceptance Date, Genentech determines, in good faith, that any Batch from a Qualification Run or Commercial Run is determined to have been Non-Conforming Product as of the Warranty Date, and the cause of such non-conformance as of the Warranty Date is not a Pre-existing Defect, Genentech may reject such Batch by giving prompt notice thereof to Wyeth, [*] after the Warranty Date for such Batch.
9.1.3 In the case of any rejection under Section 9.1.1 or 9.1.2 above, the notice of rejection shall state with particularity all of the reasons for such rejection and specify the manner in which such Product is alleged to be Non-Conforming Product and shall be accompanied by any test results or reports evidencing such non-conformity. Alternatively, rather than initially issuing a notice of rejection under Section 9.1.1 above, Genentech may give written notice to Wyeth within the time period set forth in Section 9.1.1 above of a Genentech decision to investigate whether a Batch is potentially non-conforming, which notice shall include, for Wyeth's review and comment, a written plan for investigating and resolving such potential non-conformance, which investigation shall be completed in accordance with the procedures established pursuant to the Quality Agreement. For the sake of clarity, Genentech shall not have the right to reject any Batch and require Wyeth to refund any Success Fee if such Non-Conforming Product is non-conforming due to any action or omission of Genentech or its employees or agents or Genentech's Designated Carrier after delivery of such Product to Genentech's Designated Carrier.
Notice of Non-Conformance. (a) Amarin shall supply to Licensee the applicable batch number for the Finished Product or Bulk Product, as applicable, delivered as well as such other information as the Parties may set forth in the Quality Agreement with respect to the Manufacture of the Product (a “Manufacturing Certificate of Analysis and Compliance”) for all Finished Product or Bulk Product, as applicable, shipped to Licensee hereunder. Licensee shall promptly on receipt of each shipment of Finished Product or Bulk Product, as applicable, hereunder inspect, or cause to have inspected, each shipment of such Product for any damage, Defect or shortage, and cause to be tested by the qualified drug testing institution at the destination port in the Territory of each shipment of such Product for any quality issues, within a reasonable period of time and give Amarin written notice of any such damaged, defective or short shipment or any shipment of such Product with quality issues (a “Notice of Non-Conformance”). All testing shall be conducted in accordance with the Product Specifications and the Quality Agreement. “Defect” and “Defective” refer to Finished Product or Bulk Product, as applicable, that fails to meet the representations and warranties set forth in Section 10.2(j) as of the date of delivery.
Notice of Non-Conformance. It shall be the duty of Developer to notify the City in writing upon Developer’s discovery of any non-conformance with the Construction Standards; such notice shall specifically delineate any such non-conforming items. Inspection and acceptance of work by the City shall not relieve the Developer of any responsibility under this Section.
