Product Disposition. Effective for all purchase orders written by Rite Aid during the period May 1, 2000 through December 31, 2000 and in lieu of all other rebates and allowances for damaged, outdated, and discontinued Products and rebates with respect to Third Party Products sold to Rite Aid under this Agreement, Rite Aid shall be entitled to deduct [*]% from each invoice received by it from GNC, excluding Consigned Product invoices. Effective for all purchase orders written by Rite Aid from and after January 1, 2001, and in lieu of all other rebates and allowances for damaged, outdated and discontinued Products, other than GNC Brand Products, and rebates with respect to Third Party Products sold to Rite Aid under this Agreement, Rite Aid shall be entitled to deduct [*]% from each invoice received from it from GNC, excluding Consigned Product invoices, and with respect to GNC Brand Products Rite Aid shall have the right to return all damaged and outdated GNC Brand Products to GNC's distribution centers or elsewhere as GNC directs for full credit at then current invoice cost. In addition, in the event that at any time Rite Aid and GNC jointly determine to discontinue GNC Brand Products from the GNC Plan-O-Gram or Rite Aid determines to discontinue Third Party Products, Rite Aid shall, pursuant to the General Nutrition Sales Corporation Product Return Policy with Rite Aid HDTQRS Corp., a copy of which is attached hereto as Exhibit IV.B.(4)-1., have the right to return to GNC's distribution centers, for full credit at then current invoiced cost, full cases of the discontinued GNC Brand Products and Third Party Products remaining at Rite Aid's distribution centers. All other Product shipment discrepancies shall be handled pursuant to the General Nutrition Products, Inc. Shipment Discrepancy Policy with Rite Aid HDTQRS Corp., a copy of which is attached hereto as Exhibit IV.B.(4)-2."
Product Disposition. 8.0 TRACTABILITY 62 1.0
Product Disposition. Corcept will perform the final disposition on the Product. The decision will be based on independent review of the completed batch records (copies provided by PharmaForm), the PharmaForm Certificate of Analysis (COA), and any additional related documentation (e.g., deviations, investigations). In addition, the following will apply:
Product Disposition. Paragraph IV. B.(5) is hereby amended and restated as follows:
Product Disposition. Effective May 1, 2004 the Rite Aid Returns Agreement for GNC Brand Products only is terminated, however, it shall continue in effect for GNC Consigned Product. In lieu thereof and commencing May 1, 2004, GNC shall provide Rite Aid with a [*]% off invoice allowance on all invoices for GNC Brand Products. Product shipment discrepancies shall be handled pursuant to the General Nutrition Products, Inc. Shipment Discrepancy Policy with Rite Aid HDTQRS Corp., attached to the November 2000 Amendment. Product recalls shall not be subject to these provisions. GNC shall continue to be responsible for GNC Brand Products recalled by the government, including FDA or by manufacturers. For recalls of GNC Brand Product initiated by GNC as well as for GNC Brand Products discontinued as a result of Plan-O-Gram changes, returns shall be limited to full unopened case quantities."
Product Disposition. Abbott shall appropriately and fully ------------------- document the validation, manufacturing, testing (incoming, in-process, release and stability) and all process deviations and material nonconformances according to approved batch records, test methods, protocols, quality action limits and Product Specifications. Abbott shall provide to Anesta a certificate of analysis, not later than ten (10) days after the release of each batch or lot, confirming that such batch or lot meets the Product Specifications.
Product Disposition. Release to commerce, shipment, and further distribution of the Products, once dispositioned by DPI for release, is the responsibility of AMAG’s quality department. DPI will release the product for shipment if all pre-defined release criteria are met. In the event that an intermediate product is to be shipped to AMAG for further processing, DPI will release coded product for shipment if all pre-defined intermediate release criteria are met. In such cases, further release to commerce of the finished product shall be the responsibility of AMAG. AMAG’s release to commerce shall be based on regulatory product approval, AMAG’s internal procedures, the full document package provided by DPI, and completion of any release testing required by AMAG Quality for its internal release criteria. AMAG may, at its own discretion, reject a batch which DPI has dispositioned as satisfactory. However, the decision to reject shall not be based on a discrepancy between AMAG and DPI’s methodologies. Any problem discovered by AMAG likely to cause rejection of the approved Products will be communicated to DPI within [***] days from receipt of the full release documentation package. Any disputes between the parties with respect to rejection of Product shall be resolved in accordance with Section 27 hereinafter. [***] INDICATES MATERIAL THAT HAS BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED. ALL SUCH OMITTED MATERIAL HAS BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
Product Disposition. Effective May 1, 2004 the Rite Aid Returns Agreement for GNC Brand Products only is terminated. In lieu thereof and commencing May 1, 2004, GNC shall provide Rite Aid with a [*]% off invoice allowance on all invoices for GNC Brand Products. Also, the Rite Aid Returns Agreement shall not apply to Third Party Products and GNC shall provide Rite Aid with a [*]% off invoice allowance on all invoices for Third Party Products. Product shipment discrepancies shall be handled pursuant to the General Nutrition Products, Inc. Shipment Discrepancy Policy with Rite Aid HDQTRS Corp., attached as Exhibit IV.B.(4)-2. Product recalls shall not be subject to these provisions. GNC shall continue to be responsible for GNC Brand Products recalled by the government, including FDA or by manufacturers. For recalls of GNC Brand Product initiated by GNC as well as for GNC Brand Products discontinued as a result of Plan-O-Gram changes, returns shall be limited to full unopened case quantities.
Product Disposition. The Columbia Qualified Person (“QP”) is responsible for, and shall conduct, the final disposition of all Product lots for commercial use according to Columbia’s procedures. For each Product lot, Fleet is responsible for providing, and shall provide, Columbia QA with 1) a full production documentation package and 2) a copy of any deviations and investigations.
Product Disposition. With respect to any Product that is finally determined to be non-conforming following an investigation under Section 7.7(d)(i), as and to the extent directed by Anacor in its sole discretion, Sandoz shall either (A) destroy such non-conforming Product in its entirety in accordance with Applicable Laws, or (B) return the Product to Anacor or its Third Party Manufacturer in accordance with Applicable Laws.
