Product Responsibility. MDC and BuildNet acknowledge that neither advocates or endorses the purchase or the use of any of the products or services offered by the other through their respective World Wide Web sites or otherwise, nor do they guaranty the quality, fitness or results of any such products or their compliance with any law or regulation.
Product Responsibility. 5.1. Title to the Goods handled by LFL and the ensuing risks of ownership shall, at all times, remain with CLIENT.
Product Responsibility. (a) In furtherance of and not in limitation of the assumption of the Assumed Liabilities, following the Closing until the payment by Buyer of both Deferred Payments, Buyer shall use Commercially Reasonable Efforts to obtain and maintain, at its sole expense, in accordance with applicable Legal Requirements, all Governmental Authorizations in connection with the Product. Subject to Seller’s indemnification obligations under ARTICLE 6, from and after the Closing, Buyer shall be solely and exclusively responsible for (i) all regulatory matters with respect to the Product and the Purchased Assets, including without limitation relating to communicating and corresponding, preparing and filing reports, making adverse drug experience reports, and paying applicable fees, with and to applicable Governmental Bodies, under all applicable Legal Requirements including the FFDCA, the Prescription Drug Marketing Act of 1987, the Prescription Drug User Fee Act of 1992 and the Generic Drug User Fee Amendments of 2012; (ii) taking all actions and conducting all communication with Third Parties in respect of Product (whether sold before or after the Closing), including responding to all complaints in respect thereof and all medical information requests, including complaints related to tampering or contamination; and (iii) investigating all complaints and adverse drug experiences in respect of the Product (whether sold before or after the Closing).
Product Responsibility. Without limiting each Party’s respective obligations under the Assumed Liabilities and Excluded Liabilities as set forth under Section 1.2 and Section 1.3:
Product Responsibility. It is specifically agreed that all manufacturing, packaging and other work required to produce and deliver to the Licensee and its customers commercially acceptable Product shall be the sole responsibility of the Licensor. All warranty and after-market service shall be performed solely by the Licensor and at its cost.
Product Responsibility. The client(s) agrees to take full responsibility for the Provider’s product once it has been installed. Please see “Late Fees, Penalties and Additional Hours” for more information. .
Product Responsibility. 15.1. Autoinnovation is only liable for personal injuries where it can be demonstrated that the injury is due to an error or negligence on the part of Autoinnovation or any other party for whom Autoinnovation is liable. To the maximum extent permitted by relevant legislation governing the relationship between Autoinnovation and the Lessee, Autoinnovation disclaims any product liability for damage to immovable and movable property which may be related to the leased item(s) and any other Autoinnovation deliveries. In such instances, Autoinnovation is not liable for operational, time, profit or any other indirect losses.
Product Responsibility. 8.4.1 Except as otherwise set forth in this Agreement, from and after the Transition Date, Purchasers shall be solely responsible for (i) all regulatory matters with respect to the Product and the Purchased Assets, including without limitation relating to communicating and corresponding, preparing and filing reports, making adverse drug experience reports, and paying applicable fees, with and to applicable Governmental Authorities, under all applicable legal requirements including the Act, the PDMA, and the Prescription Drug User Fee Act of 1992; (ii) taking all actions and conducting all communication with Third Parties in respect of Product (whether sold before or after the Closing), including responding to all complaints in respect thereof and all medical information requests, including complaints related to tampering or contamination; and (iii) investigating all complaints and adverse drug experiences in respect of the Product (whether sold before or after the Closing). 8.4.2 From and after the Transition Date, Purchasers shall be solely responsible for conducting, handling or processing all recalls of units of Product, including recalls required by any Governmental Authority or voluntary recalls by Purchasers based on safety, efficacy or similar concerns, with respect to the Product, regardless of whether the Product was sold before or after the Closing. Purchasers shall destroy, or cause to be destroyed, in either case, all recalled Product in a manner consistent with applicable legal requirements. From and after the Closing, Purchasers shall be financially responsible for all recalls of units of Product sold after the Closing, except to the extent indemnified under the Supply Agreement. For any recalled Product that was sold prior to the Closing, Sellers shall reimburse Purchasers for all reasonable out-of-pocket costs and expenses actually incurred in connection with any and all such recalls that are required by any Governmental Authority or are voluntarily initiated by Purchasers based on safety, efficacy or similar concerns. 8.4.3 As soon as practicable, but in no event later than the expiration of the Seller Brand License, Purchasers will (i) establish new NDC numbers for Product and thereafter shall cause such NDC numbers to be used on the labeling and packaging for the Product and (ii) establish new capsule imprinting for the Product that does not incorporate any name or the trademark licensed to Purchasers under the Seller Brand License and t...
Product Responsibility. ORTHO shall be responsible for any and all rebates, chargebacks, discounts, returned goods and the like for all Products sold by ORTHO and its Affiliates prior to the date of this Agreement. In the event that WFHC issues any rebates, refunds or customer credits in respect of any such Products, WFHC shall be entitled to offset any amounts owed to ORTHO under this Agreement by the full amount of any such rebates, refunds or customer credits.
Product Responsibility a. To the extent permitted by law, ROCHE is responsible, at its cost, for taking all actions with respect to the Product as would normally be conducted to market a major ethical pharmaceutical product in the United States. These actions include: preparing training materials and advertisement; taking final responsibility with respect to detailing and promotional strategies; receiving orders, booking sales, invoicing, distributing Product, handling returns, recalls, inventory and receivables of Product; and communicating with governmental agencies regarding post approval activity and issues.
