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).
(b) Subject to the immediately following sentence, from and after the Closing, (a) Seller shall provide Buyer with (i) copies of all written or electronic correspondence relating to the Product received by Seller, its Affiliates, licensees, sublicensees or distributors from, or submitted by Seller, its Affiliates, licensees, sublicensees or distributors to, Regulatory Authorities and (ii) copies of all meeting minutes and other similar summaries of all meetings, conferences and discussions held by Seller with Regulatory Authorities to the extent relating to the Product, including copies of all contact reports produced by Seller and its Affiliates, licensees, sublicensees and distributors, in each case within twenty (20) Business Days after Buyer’s receipt, submission or production of the foregoing, as applicable. If such written or electronic correspondence received from a Regulatory Authority relates to the withdrawal, suspension, revocation or variation of the Drug Authorization for the Product, the prohibition or suspension of th...
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. 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. 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:
(a) From and after the Closing, Buyer shall be solely responsible for (i) all regulatory matters with respect to the Products and the other Transferred Assets, including those relating to communicating and corresponding, preparing and filing reports, making adverse event reports, and paying applicable fees, with and to applicable Governmental Authority, under all applicable Law, including the FD&C Act, (ii) taking all actions and conducting all communication with third parties in respect of Products (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 events in respect of Products sold after the Closing).
(b) Buyer is responsible for tech transfer of the Products to its own or a third party manufacturing site. Seller’s responsibility with respect to such tech transfer is limited to providing to Buyer technical documentation in its possession with respect to the Products, and shall not include consultation or other support.
(c) From and after the Closing, Buyer shall be solely responsible for conducting, handling or processing, all recalls of units of Products, including recalls required by any Governmental Authority or voluntary recalls by Buyer based on safety, efficacy or similar concerns, with respect to the Products, regardless of whether the Products were sold before or after the Closing; provided, however, that to the extent that such recalls relate to Products sold before the Closing, Seller shall reimburse Buyer for all costs associated with such recall within thirty (30) days after receipt of an invoice therefor and appropriate supporting documentation.
Product Responsibility. 5.1. Title to the Goods handled by LFL and the ensuing risks of ownership shall, at all times, remain with CLIENT.
5.2. LFL shall be responsible for the Goods only in the following instances:
5.2.1. Upon the confirmation of receipt of the Goods by LFL at its distribution centre;
5.2.2. while the same are stored / handled within said distribution centre; and
5.2.3. as the case may be, while the same are in transit under which LFL is contractually obliged to do so by virtue of the Contract.
5.3. CLIENT therefore has the sole responsibility to procure, maintain and manage its own
Product Responsibility. Notwithstanding NF's right to enforce compliance with NF's quality standards with respect to the Products, Supplier shall be solely responsible for the manufacturing quality of all Products. Specifically, Supplier shall comply with all relevant laws and regulations of the People's Republic of China in connection with, and shall obtain all necessary approvals, licenses and permits for the manufacture, supply, sale and export (where applicable) of the Products.
Product Responsibility. INFE and 5th Ave acknowledge that neither advocates nor 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. 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. 8.3.1 Except as otherwise set forth in this Agreement, from and after the Closing, Purchaser 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). Seller shall fully indemnify and reimburse Purchaser for all Losses, costs and expenses, including attorney and consultant fees, incurred in connection with any and all such matters arising from Product that was released into the market prior to the Closing.
8.3.2 From and after the Closing, Purchaser 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 Purchaser based on safety, efficacy or similar concerns, with respect to the Product, regardless of whether the Product was sold before or after the Closing. Purchaser 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, Purchaser shall be financially responsible for all recalls of units of Product released into the market after the Closing. For any recalled Product that was released into the market prior to the Closing, Seller shall fully indemnify and reimburse Purchaser for all Losses, costs and expenses, including attorney and consultant fees, incurred in connection with any and all such recalls that are required by any Governmental Authority or are reasonably voluntarily initiated by Purchaser based on safety, efficacy or similar concerns.
8.3.3 As soon as practicable, but in no event later than the expiration of the Seller Brand License, Purchaser will establish new NDC numbers for the Product and thereaf...
Product Responsibility. You acknowledge that KASWIT does not advocate or endorse the purchase or the use of any products or services offered by You through your Web Site or otherwise, other than the services of KASWIT; you further acknowledge that KASWIT does not guaranty the quality, fitness, or results of any products or services offered by You through your Web Site or otherwise, except the services of KASWIT in accordance with the written terms KASWIT offers.
