Common use of Recall of the Product Clause in Contracts

Recall of the Product. 14.1 In the event of a recall of the Product initiated by Bioamber, whether voluntarily or because of an order from competent authorities, Bioamber shall be solely responsible for the organization, execution and costs of the recall unless ARD’s gross negligence is demonstrated, in which case ARD shall be solely responsible for the organization, execution and costs of the recall. In case of a shared responsibility so declared by an expert, such responsibility shall be borne by each party in its relevant proportion.

Recall of the Product. 14.1 In the event of a recall of the Product initiated by BioamberBioAmber, whether voluntarily or because of an order from competent authorities, Bioamber BioAmber shall be solely responsible for the organization, execution and costs of the recall unless ARD’s gross negligence is demonstrated, in which case ARD shall be solely responsible for the organization, execution and costs of the recall. In case of a shared responsibility so declared by an expert, such responsibility shall be borne by each party in its relevant proportion.