Common use of Obsolete Inventory Clause in Contracts

Obsolete Inventory. Any COMPANY-specific inventory including, but not limited to, materials, work-in-process, and Products rendered obsolete as a result of formula, artwork or packaging changes requested by COMPANY or by changes required by regulatory authority shall be reimbursed to DPT by COMPANY at DPT’s Materials Fee. At such time and unless otherwise instructed by COMPANY agreed by DPT, DPT will ship the obsolete inventory to COMPANY for destruction by COMPANY. COMPANY shall bear one hundred percent (100%) of all shipping and destruction costs related to said obsolete inventory. The destruction shall be in accordance with all applicable laws and regulations and COMPANY shall indemnify DPT for any liability, costs or expenses, including attorney’s fees and court costs, relating to COMPANY’s failure to dispose of such inventory in accordance with such laws and regulations. COMPANY shall also provide DPT with all manifests and other applicable evidence of proper destruction as may be requested by DPT or required by applicable law. If DPT does not receive disposition instructions from COMPANY within ninety (90) days from date of obsolescence, obsolete inventory remaining at DPT’s facilities shall be subject to a deposit covering the standard cost of the obsolete inventory and storage fees.

Appears in 4 contracts

Samples: Manufacturing Agreement (Insys Therapeutics, Inc.), Manufacturing Agreement (Insys Therapeutics, Inc.), Manufacturing Agreement (Insys Therapeutics, Inc.)

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Obsolete Inventory. Any COMPANYConnetics-specific inventory including, but not limited to, materials, work-in-process, and Products rendered obsolete as a result of formula, artwork or packaging changes requested by COMPANY Connetics or by changes required by regulatory authority shall be reimbursed to DPT by COMPANY Connetics at DPT’s 's Materials Fee. At such time and unless otherwise instructed by COMPANY agreed by DPT, DPT will ship the obsolete inventory to COMPANY Connetics for destruction by COMPANYConnetics. COMPANY Connetics shall bear one hundred percent (100%) of all shipping and destruction costs related to said obsolete inventory. The destruction shall be in accordance with all applicable laws and regulations and COMPANY Connetics shall indemnify DPT for any liability, costs or expenses, including attorney’s 's fees and court costs, relating to COMPANY’s Connetics' failure to dispose of such inventory in accordance with such laws and regulations. COMPANY Connetics shall also provide DPT with all manifests and other applicable evidence of proper destruction as may be requested by DPT or required by applicable law. If DPT does not receive disposition instructions from COMPANY Connetics within ninety (90) days from date of obsolescence, obsolete inventory remaining at DPT’s 's facilities shall be subject to a deposit covering the standard cost of the obsolete inventory and storage fees.

Appears in 2 contracts

Samples: Manufacturing and Supply Agreement (Connetics Corp), Manufacturing and Supply Agreement (Connetics Corp)

Obsolete Inventory. Any COMPANYConnetics-specific inventory including, but not limited to, materials, work-in-process, and Products rendered obsolete as a result of formula, artwork or packaging changes requested by COMPANY Connetics or by changes required by regulatory authority shall be reimbursed to DPT by COMPANY Connetics at DPT’s 's Materials Fee. At such time and unless otherwise instructed by COMPANY agreed by DPT, DPT will ship the obsolete inventory to COMPANY Connetics for destruction by COMPANYConnetics. COMPANY Connetics shall bear one hundred percent (100%) of all shipping and destruction costs related to said obsolete inventory. The destruction shall be in accordance with all applicable laws and regulations and COMPANY Connetics shall indemnify DPT for any liability, costs or expenses, including attorney’s 's fees and court costs, relating to COMPANY’s Connetics' failure to dispose of such inventory in accordance with such laws and regulations. COMPANY Connetics shall also provide DPT with all manifests and other applicable evidence of proper destruction as may be requested by DPT or required by applicable law. If DPT does not receive disposition instructions from COMPANY Connetics within ninety (90) days from date of obsolescence, obsolete inventory remaining at DPT’s 's facilities shall be subject to a deposit covering the standard cost of the obsolete inventory and storage fees.. XI - CONFIDENTIAL INFORMATION: INTELLECTUAL PROPERTY RIGHTS

Appears in 1 contract

Samples: Manufacturing and Supply Agreement (Connetics Corp)

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Obsolete Inventory. Any COMPANY-specific inventory including, but not limited to, materials, work-in-process, and Products rendered obsolete as a result of formula, artwork or packaging changes requested by COMPANY or by changes required by regulatory authority shall be reimbursed to DPT by COMPANY at DPT’s Materials Fee. At such time and unless otherwise instructed by COMPANY agreed by DPT, DPT will ship the obsolete inventory to COMPANY for destruction by COMPANY. COMPANY shall bear one hundred percent (100%) of all shipping and destruction costs related to said obsolete inventory. The destruction shall be in accordance with all applicable laws and regulations and COMPANY shall indemnify DPT for any liability, costs or expenses, including attorney’s fees and court costs, relating to COMPANY’s failure to dispose of such inventory in accordance with such laws and regulations. COMPANY shall also provide DPT with all manifests and other applicable evidence of proper destruction as may be requested by DPT or required by applicable law. If DPT does not receive disposition instructions from COMPANY within ninety (90) days from date of obsolescence, obsolete inventory remaining at DPT’s facilities shall be subject to a deposit covering the standard cost of the obsolete inventory and storage fees.

Appears in 1 contract

Samples: Agreement (Barrier Therapeutics Inc)

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