PRODUCT STEWARDSHIP. 10.1. Seller shall accept back, free of charge, any material included in the products and packaging returned, with freight costs refunded by Agilent, from any country that legally requires product take back.
PRODUCT STEWARDSHIP. 20.1 AMS shall accept back, free of charge, any material including the Products and packaging returned freight prepaid by Distributor from any country that legally requires product take back from the user at the end of product life.
PRODUCT STEWARDSHIP. Buyer acknowledges the hazards associated with the handling, unloading, discharge, storage, transportation, use, disposition, processing, admixture or reaction (the "Use") of Product supplied under the Agreement and assumes the responsibility of advising those of its employees, agents, contractors, and customers in connection with such Use of the hazards to human health or human or environmental safety, whether such Product is used singly or in combination with other substances or in any processes or otherwise. Buyer acknowledges that it has expertise and knowledge in the handling, processing, storage, transportation and sale of products into which the Product will be incorporated. If Buyer is provided a Safety Data Sheet ("SDS") by Seller for Product, Buyer will advise all of its employees, agents, contractors and customers who will Use the Product of the MSDS, and any supplementary SDS or written warnings that it may receive from Seller from time-to-time. In addition, if Xxxxx believes or has reason to believe the SDS or other information provided to Buyer by Seller is inaccurate or in any way insufficient for any purpose, Buyer will immediately notify Seller of the same, and provide Seller a reasonable opportunity to supplement or correct the information. Failure of Buyer to timely provide such notice will be deemed a waiver by Xxxxx of any and all claims, demands or causes of action for personal injury, damage to the environment or property arising from or attributable to the Use of Product. To the fullest extent permitted by Law, Buyer will defend, indemnify and hold Seller, its affiliates and their respective employees, officers, directors and stockholders (collectively "Indemnitees") harmless from and against any and all claims, demands, lawsuits, causes of action, strict liability claims, penalties, fines, administrative law actions and orders, expenses (including attorneys' fees and expenses) and costs and liabilities of every kind and character ("Claims") which may arise for any reason whatsoever, including personal injuries, death, damage to property or to the environment, regardless of whether based on negligence, strict liability, contract, or breach of warranty, arising out of or related to a breach of its obligations under this Agreement or the sale or Use of Product or material made in whole or in part from Product sold hereunder. Seller reserves the right, among other remedies, either to cancel this Agreement or suspend further deliveries ...
PRODUCT STEWARDSHIP. Purchaser and Seller will mutually establish a Product stewardship program to assist end-use customers in the safe handling and responsible use of Biodiesel products purchased and sold hereunder. Seller will provide to Purchaser product information and material safety data sheets for all Biodiesel products.
PRODUCT STEWARDSHIP. Seller shall furnish Lonza, prior to the first delivery, Seller's current Material Safety Data Sheet and other literature pertaining to the hazards associated therewith and the precautions which should be observed with respect thereto. Seller shall promptly furnish Lonza copies of any revisions to any of the same issued by Seller during the term of this Agreement.
PRODUCT STEWARDSHIP. Buyer agrees that Products will be used, handled, stored, transported and disposed of in such a manner as is necessary for the safety and protection of persons, property and the environment, and in accordance with the manufacturer's recommendations and applicable laws and regulations. Buyer agrees to instruct its employees with respect to, and to make certain that they know and understand, procedures necessary to enable them to comply with the requirements set forth herein and make certain that they are adequately trained in the use, handling, storage, transportation and disposition of the Products. Buyer further agrees to deliver the most recent edition of Product literature, including SDSs, to its employees and customers and Seller strongly recommends that Buyer maintain a written record of such deliveries. Buyer shall only sell to those who can handle, use, store, transport and dispose of Products safely and in compliance with all applicable laws and regulations.
PRODUCT STEWARDSHIP. The Product may be or become hazardous. Buyer represents that it has expertise and knowledge in the handling, processing, storage, transportation and sale of products into which the Product will be incorporated. Buyer acknowledges receipt of Seller’s material safety data sheets for the Product and acknowledges that it has had the opportunity to obtain from Seller such additional data and explanations as Buyer considers necessary for it to establish and implement appropriate procedures and warnings to protect its employees, agents, direct and indirect customers, contractors and the environment from hazards associated with the handling, use, blending, processing, storage, and transportation of the Product alone and with Buyer’s products containing or made using the Product. Buyer shall undertake to become familiar with the safeguards, procedures and precautions necessary for the safe handling, use of and exposure to the Product. Buyer also undertakes to familiarize itself and to comply with all governmental laws, regulations and standards relating to the handling, use, storage, distribution, disposal of and exposure to the Product. Buyer shall also take all steps necessary to adequately inform, warn and familiarize its employees, agents, direct and indirect customers and contractors who may handle or be exposed to the Product of all hazards pertaining to and proper procedures for safe handling, use, storage, transportation and disposal of and exposure to the Product, and the containers or equipment in which the Product may be handled, shipped or stored. Buyer also undertakes to label as appropriate any materials which it makes or sells that include the Product. As used in this section, “Product” also includes any impurity, derivative product, by-product and waste product. Buyer assumes full responsibility for and liability arising out of the storage, handling, transportation, sale, use and disposal of any Product after delivery to it of such Product, and of any derivative product, any co-product, by-product or waste product therefrom, including the use of any such Product alone or in combination with other substances and compliance or non-compliance with any laws or regulations relating thereto. Buyer will properly and lawfully dispose of all unused Product at its own expense and will not attempt to return such Product to Seller without Seller’s prior written approval. Seller reserves the right, among other remedies, either to cancel this Agreement or suspen...
PRODUCT STEWARDSHIP. The parties agree to adhere to and use their best efforts to comply with an implement the RESPONSIBLE CARE initiative developed by the Chemical Manufacturers Association (CMA), whether or not both parties are members of CMA. This duty includes, but is not limited to, adherence to the GUIDING PRINCIPLES for RESPONSIBLE CARE and implementation of the six CODES OF MANAGEMENT PRACTICES. In the event either party fails to comply with the RESPONSIBLE CARE provisions set out above, the non-complying party shall have thirty (30) days to cure such non-compliance, otherwise the complying party shall have the right to immediately terminate this Agreement, without liability, except for any liability for already-incurred imbalances.
PRODUCT STEWARDSHIP. 4.4.1 Each Party shall use its reasonable efforts to abide by sound Safety, Health and Environment (SH&E) principles contained in the Responsible Care® Program (located at xxxx://xxxxxxxxxxxxxxx.xxxxxxxxxxxxxxxxx.xxx/), as published and periodically updated by the American Chemistry Council (or an equivalent and relevant industry standard agreed to by the Parties in writing), and to comply with all Applicable Laws. In doing so, each Party agrees to the following measures:
PRODUCT STEWARDSHIP. 18.1 GENZYME acknowledges that it has requested DOW to contract manufacture Product for GENZYME pursuant to instructions and specifications provided to DOW by GENZYME. GENZYME represents that it has used its own independent skill and expertise in connection with the design, selection and use of the Product (including other goods which incorporate Product as a component) and that it possesses skill and expertise in the handling, storage, transportation, treatment, use and disposal of the Product (including other goods which incorporate Product as a component). GENZYME shall accept and agree to be bound by appropriate product stewardship guidelines, including but not limited to: (a) responsibility for providing Material Safety Data Sheets, (b) following safe handling, use, selling, storage, transportation, treatment and disposal practices (including special practices as GENZYME’s use of the Product requires) and instruct its employees, contractors (including DOW), agents and customers in these practices (including the information contained in the most current Material Safety Data Sheet), (c) taking appropriate action to avoid spills or other dangers to persons, property or the environment, and (d) understanding and complying (and has complied) with all applicable governmental statutes, rules, regulations and ordinances including, without limitation, those promulgated by the FDA and the Environmental Protection Agency.
