Recall of Licensed Products. Licensor shall have the right (i) to compel Licensee to recall Licensed Products sold or otherwise distributed by Licensee; and (ii) to place a hold on future shipments of a Licensed Product sold or otherwise distributed by Licensee if Licensor has a reasonable basis to believe that the Licensed Products do not comply with the quality standards and other specifications set forth in this Agreement in a manner that can be reasonably expected to have a material adverse impact on (a) customer safety and/or satisfaction; (b) the function of the Licensed Product; (c) the quality of the Licensed Product; (d) the performance of the Licensed Product; or (e) if Packaging and Promotional Materials misrepresent the contents of the Licensed Product. Any recall required by Licensor shall be reasonable in scope. Licensee will maintain an effective means to quarantine, remove, and recall from the entire supply chain (starting from the Licensee’s factory and continuing through the end retail stores) any shipment, production lot, stock keeping unit (“SKU”), or any other Licensed Product found to be defective or non-compliant with the requirements of this Agreement. All costs and expenses associated with the recall shall be borne solely by Licensee, and Licensee shall reimburse Licensor any and all costs and expenses incurred as a result of any such recall.
Recall of Licensed Products. (a) In the event that any Regulatory Authority issues or requests a recall or takes similar action in connection with the Licensed Products or in the event either Party determines that an event, incident or circumstance has occurred that may result in the need for a recall or market withdrawal, the Party notified of or desiring such recall or similar action shall, within twenty-four (24) hours, advise the other Party thereof by telephone (and confirm by email or facsimile), email or facsimile.
Recall of Licensed Products. In the event that the Licensed Products (a) pose a health or safety threat to the consumer or (b) are the subject of a finding by any governmental regulatory agency with jurisdiction and/or authority over the Licensed Products that the Licensed Products pose a health or safety threat to the consumer, Company shall, at its sole cost and expense, recall such Licensed Products from the marketplace. In the event (y) any Licensed Product is subject to a claim or inquiry by any governmental regulatory agency with jurisdiction and/or authority over the Licensed Products because of health or safety concerns or (z) upon Harmonix’s reasonable request as a result of reasonable concerns as to whether the Licensed Products pose a health or safety threat, Company shall, at its sole cost and expense, undertake reasonable evaluation and testing of the applicable Licensed Products and take commercially reasonable corrective steps to address the claim or inquiry, including enacting appropriate corrective measures to limit any negative publicity due to such claim or inquiry.
