Common use of Product Expiration Clause in Contracts

Product Expiration. (a) All Product supplied by Orphan Medical from other than Consignment Inventory shall have a minimum expiration dating of thirty-six (36) months at the time of its delivery Ex Work's Orphan Medical's designated supplier pursuant to Section 7.5. (b) The Product delivered in the initial transfer of Consignment Inventory from Orphan Medical to Celltech made in accordance with the first sentence of Section 7.3(a) shall have minimum expiration dating of forty-two (42) months at the time it is delivered to Celltech's facility in England. Thereafter, all Product delivered by Orphan Medical as Consignment Inventory pursuant to Section 7.3 shall have minimum expiration dating of thirty-six (36) months at the time it is delivered to Celltech's facility in England. Celltech shall not be required to draw out of Consignment Inventory any Product with expiration dating of less than twenty-four (24) months on the date that it is drawn out of Consignment Inventory; provided, however, that if the Consignment Inventory shall at any time contain Product with less than 24-month's expiration dating, Celltech shall use Commercially Reasonable Efforts to sell such Consignment Inventory, and provided, further, however, that if Celltech shall not be able to sell such short-dated Consignment Inventory, Celltech shall, at Orphan Medical's direction, either return such Product to Orphan Medical Ex Work's Celltech's facility in England or destroy the Product and provide the certification described in Section 7.12, and in either such event Orphan Medical shall reimburse Celltech for all amounts paid by Celltech pursuant to Sections 7.3(b)(ii) and (iii). (c) In the event the applicable Regulatory Authority grants an expiration date of less than thirty-six (36) months, Orphan Medical and Celltech shall negotiate in good faith a reasonable minimum expiration, taking into account the differing expiration dates set forth herein for Product which is and Product which is not drawn out of Consignment Inventory. (d) Celltech shall not sell any Product beyond its stated expiration date.

Product Expiration. (a) All Product supplied by Orphan Medical from other than Consignment Inventory shall have a minimum expiration dating of thirty-six (36) months at the time of its delivery Ex Work's ’s Orphan Medical's ’s designated supplier pursuant to Section 7.5. (b) The Product delivered in the initial transfer of Consignment Inventory from Orphan Medical to Celltech made in accordance with the first sentence of Section 7.3(a) shall have minimum expiration dating of forty-two (42) months at the time it is delivered to Celltech's ’s facility in England. Thereafter, all Product delivered by Orphan Medical as Consignment Inventory pursuant to Section 7.3 shall have minimum expiration dating of thirty-six (36) months at the time it is delivered to Celltech's ’s facility in England. Celltech shall not be required to draw out of Consignment Inventory any Product with expiration dating of less than twenty-four (24) months on the date that it is drawn out of Consignment Inventory; provided, however, that if the Consignment Inventory shall at any time contain Product with less than 24-month's ’s expiration dating, Celltech shall use Commercially Reasonable Efforts to sell such Consignment Inventory, and provided, further, however, that if Celltech shall not be able to sell such short-dated Consignment Inventory, Celltech shall, at Orphan Medical's ’s direction, either return such Product to Orphan Medical Ex Work's ’s Celltech's ’s facility in England or destroy the Product and provide the certification described in Section 7.12, and in either such event Orphan Medical shall reimburse Celltech for all amounts paid by Celltech pursuant to Sections 7.3(b)(ii) and (iii). (c) In the event the applicable Regulatory Authority grants an expiration date of less than thirty-six (36) months, Orphan Medical and Celltech shall negotiate in good faith a reasonable minimum expiration, taking into account the differing expiration dates set forth herein for Product which is and Product which is not drawn out of Consignment Inventory. (d) Celltech shall not sell any Product beyond its stated expiration date.