Common use of Recall Expenses Clause in Contracts

Recall Expenses. Xxxxxxxx shall bear the expenses of any recall of a Female Product; provided, however, that Palomar shall bear the direct expense to Xxxxxxxx of a recall to the extent that such recall resulted from Palomar’s gross negligence or willful misconduct. (For the avoidance of doubt, nothing contained in this Section 7.3(b) shall in any way alter or diminish any indemnification obligation of Palomar pursuant to ARTICLE XI.) Such expenses of recall shall include expenses for notification, destruction or return of the recalled Female Product and any refund to consumers of amounts paid for the recalled Female Product. In the event that Palomar bears any such expenses of a recall, notwithstanding the last sentence of Section 7.3(a), Xxxxxxxx shall consult with Palomar in good faith on the manner in which any such recall shall be conducted. The rights and remedies of Xxxxxxxx under this Section shall be cumulative and in addition to any other rights or remedies that may be available to Xxxxxxxx under this Agreement or at law. ARTICLE VIII Intellectual Property Rights 8.1 Intellectual Property Ownership. (a)

Recall Expenses. Xxxxxxxx shall bear the expenses of any recall of a Female Product; provided, however, that Palomar shall bear the direct expense to Xxxxxxxx of a recall to the extent that such recall resulted from Palomar’s gross negligence or willful misconduct. (For the avoidance of doubt, nothing contained in this Section 7.3(b) shall in any way alter or diminish any indemnification obligation of Palomar pursuant to ARTICLE XI.) Such expenses of recall shall include expenses for notification, destruction or return of the recalled Female Product and any refund to consumers of amounts paid for the recalled Female Product. In the event that Palomar bears any such expenses of a recall, notwithstanding the last sentence of Section 7.3(a), Xxxxxxxx shall consult with Palomar in good faith on the manner in which any such recall shall be conducted. The rights and remedies of Xxxxxxxx under this Section shall be cumulative and in addition to any other rights or remedies that may be available to Xxxxxxxx under this Agreement or at law. ARTICLE VIII Intellectual Property Rights 8.1 Intellectual Property Ownership. (a).

Recall Expenses. Xxxxxxxx shall bear the expenses of any recall of a Female Product; provided, however, that Palomar shall bear the direct expense to Xxxxxxxx of a recall to the extent that such recall resulted from Palomar’s gross negligence or willful misconduct. (For the avoidance of doubt, nothing contained in this Section 7.3(b) shall in any way alter or diminish any indemnification obligation of Palomar pursuant to ARTICLE XI.) Such expenses of recall shall include expenses for notification, destruction or return of the recalled Female Product and any refund to consumers of amounts paid for the recalled Female Product. In the event that Palomar bears any such expenses of a recall, notwithstanding the last sentence of Section 7.3(a), Xxxxxxxx shall consult with Palomar in good faith on the manner in which any such recall shall be conducted. The rights and remedies of Xxxxxxxx under this Section shall be cumulative and in addition to any other rights or remedies that may be available to Xxxxxxxx under this Agreement or at law. ARTICLE VIII Intellectual Property Rights 8.1 Intellectual Property Ownership. (a)-41-

Recall Expenses. Xxxxxxxx Gxxxxxxx shall bear the expenses of any recall of a Female Product; provided, however, that Palomar shall bear the direct expense to Xxxxxxxx Gxxxxxxx of a recall to the extent that such recall resulted from Palomar’s gross negligence or willful misconduct. (For the avoidance of doubt, nothing contained in this Section 7.3(b) shall in any way alter or diminish any indemnification obligation of Palomar pursuant to ARTICLE XI.) Such expenses of recall shall include expenses for notification, destruction or return of the recalled Female Product and any refund to consumers of amounts paid for the recalled Female Product. In the event that Palomar bears any such expenses of a recall, notwithstanding the last sentence of Section 7.3(a), Xxxxxxxx Gxxxxxxx shall consult with Palomar in good faith on the manner in which any such recall shall be conducted. The rights and remedies of Xxxxxxxx Gxxxxxxx under this Section shall be cumulative and in addition to any other rights or remedies that may be available to Xxxxxxxx Gxxxxxxx under this Agreement or at law. ARTICLE VIII Intellectual Property Rights 8.1 Intellectual Property Ownership. (a).