Product Claims. Client has the right to reject any portion of any shipment of Products that deviates from the Specifications, cGMPs, or Applicable Laws without invalidating any remainder of the shipment. Client will inspect the Products manufactured by Patheon upon receipt and will give Patheon written notice (a “Deficiency Notice”) of all claims for Products that deviate from the Specifications, cGMPs, or Applicable Laws within […***…] days after Client’s receipt thereof (or, in the case of any defects not reasonably susceptible to discovery upon receipt of the Product, within […***…] days after discovery by Client, but not after the expiration date of the Product). Should Client fail to give Patheon the Deficiency Notice within the applicable […***…] day period, then the delivery will be deemed to have been accepted by Client on the […***…] day after delivery or discovery, as applicable. Except as set out in Section 6.3, Patheon will have no liability for any deviations for which it has not received notice within the applicable […***…] day period.
Appears in 2 contracts
Samples: Master Manufacturing Services Agreement (Horizon Pharma, Inc.), Master Manufacturing Services Agreement (Horizon Pharma, Inc.)
Product Claims. Client has the right to reject any shipment of Products or any portion thereof that does not conform to the Product Warranties set forth in Section 9.3(a) (“Non-Conforming Products”), without invalidating any portion of any the shipment of Products that deviates from conforms to the Specifications, cGMPs, or Applicable Laws without invalidating any remainder of the shipmentProduct Warranties. Client will inspect the Products manufactured by Patheon upon receipt at the third-party site agreed to by Patheon and Client and will give Patheon written notice (a “"Deficiency Notice”") of all claims for Non-Conforming Products that deviate from the Specifications, cGMPs, or Applicable Laws within […***…] days after Client’s receipt of the Product and the Delivery Documentation thereof (or, in the case of any defects not reasonably susceptible to discovery upon receipt of the ProductLatent Defect, within […***…] days after discovery confirmation by Client, its Affiliate or any licensee, distributor or other Third Party but not after the expiration date of the Product). Should If Client fail fails to give Patheon the Deficiency Notice within the applicable […***…] day ]- or […***…]-day period, then the delivery will be deemed to have been accepted by Client on the […***…] or […***…] day after delivery or discoveryconfirmation, as applicable. Except as set out in Section 6.3, Patheon will have no liability for any deviations Deviations for which it has not received notice within the applicable […***…] day period]-day period except for a Latent Defect.
Appears in 2 contracts
Samples: Master Manufacturing Services Agreement (Acadia Pharmaceuticals Inc), Master Manufacturing Services Agreement (Acadia Pharmaceuticals Inc)
Product Claims. Client has the right to reject any shipment of Products or any portion thereof that does not conform to the Product Warranties set forth in Section 9.3(a) (“Non-Conforming Products”), without invalidating any portion of any the shipment of Products that deviates from conforms to the Specifications, cGMPs, or Applicable Laws without invalidating any remainder of the shipmentProduct Warranties. Client will inspect the Products manufactured by Patheon upon receipt at the third-party site agreed to by Patheon and Client and will give Patheon written notice (a “Deficiency Notice”) of all claims for Non-Conforming Products that deviate from the Specifications, cGMPs, or Applicable Laws within […***…] days after Client’s receipt of the Product and the Delivery Documentation thereof (or, in the case of any defects not reasonably susceptible to discovery upon receipt of the ProductLatent Defect, within […***…] days after discovery confirmation by Client, its Affiliate or any licensee, distributor or other Third Party but not after the expiration date of the Product). Should If Client fail fails to give Patheon the Deficiency Notice within the applicable […***…] day ]- or […***…]-day period, then the delivery will be deemed to have been accepted by Client on the […***…] or […***…] day after delivery or discoveryconfirmation, as applicable. Except as set out in Section 6.3, Patheon will have no liability for any deviations Deviations for which it has not received notice within the applicable […***…] day period]-day period except for a Latent Defect.
Appears in 1 contract
Samples: Master Manufacturing Services Agreement (Acadia Pharmaceuticals Inc)
Product Claims. Client has the right to reject any portion of any shipment of Products that deviates from the Specifications, cGMPs, or Applicable Laws without invalidating any remainder of the shipment. Client will inspect the Products manufactured by Patheon upon receipt and will give Patheon written notice (a “"Deficiency Notice”") of all claims for Products that deviate from the Specifications, cGMPs, or Applicable Laws within […***…] days after Client’s 's receipt thereof (or, in the case of any defects not reasonably susceptible to discovery upon receipt of the Product, within […***…] days after discovery by Client, but not after the expiration date of the Product). Should Client fail to give Patheon the Deficiency Notice within the applicable […***…] day period, then the delivery will be deemed to have been accepted by Client on the […***…] day after delivery or discovery, as applicable. Except as set out in Section 6.3, Patheon will have no liability for any deviations for which it has not received notice within the applicable […***…] day period.
Appears in 1 contract
Samples: Master Manufacturing Services Agreement (Horizon Therapeutics Public LTD Co)
Product Claims. Client has the right to reject any portion of any shipment of Products Product that deviates from was not manufactured in accordance with the Specifications, cGMPs, or Applicable Laws Laws, without invalidating any remainder of the shipment. Client will inspect the Products Product manufactured by Patheon immediately upon receipt and will give Patheon written notice (a “Deficiency Notice”) of all claims for Products Product that deviate from was not manufactured in accordance with the Specifications, cGMPs, or Applicable Laws Laws, within […***…] days after Client’s receipt thereof (or, in the case of any defects not reasonably susceptible to discovery upon receipt of the Product, such defect to be defined as a “Latent Defect”, within […***…] days after discovery by Client, but not after the expiration date of the Product). Should If Client fail fails to give Patheon the Deficiency Notice within the applicable […***…] day period, then the delivery will be deemed to have been accepted by Client on the […***…] day after delivery or discovery, as applicable. Except as set out in Section 6.3, Patheon will have no liability for any deviations deficiency for which it has not received notice within the applicable […***…] day period.
Appears in 1 contract
Samples: Master Manufacturing Services Agreement (Neurocrine Biosciences Inc)
Product Claims. Client has the right to reject any portion of any shipment of Products that deviates from the Specifications, cGMPs, cGMPs or Applicable Laws without invalidating any remainder of the shipment. Client will inspect the Products manufactured by Patheon upon receipt thereof and will give Patheon written notice (a “"Deficiency Notice”") of all claims for Products that deviate from the Specifications, cGMPs, or cGMPs and Applicable Laws within […***…**] days after Client’s receipt thereof (or, in the case of any defects not reasonably susceptible to discovery upon receipt of the Product, within […***…**] days after discovery thereof by Client, but not in no event after the expiration date of the Product). Should Client fail to give Patheon the Deficiency Notice within the applicable […***…**] day period, then the delivery will be deemed to have been accepted by Client on the […***…**] day after delivery or discovery, as applicable. Except as set out in Section 6.3, Patheon will have no liability for any deviations for which it has not received notice within the applicable […***…**] day period.
Appears in 1 contract
Samples: Manufacturing Services Agreement (Acorda Therapeutics Inc)