Recall or Withdrawal. ETHYPHARM and RELIANT will each maintain or cause to be maintained such traceability records as are necessary to permit a recall, withdrawal or field correction of the Product (each, a “Recall”). Each party will give telephonic notice (to be confirmed in writing) to the other within twenty-four (24) hours of the receipt of any information which indicates a Recall may be necessary. The decision to conduct and the right to control a Recall will be solely that of the then current NDA owner, after appropriate consultation with the other party. Each party will cooperate fully with the other in connection with any Recall efforts. If any Recall is due to any act or omission of ETHYPHARM, ETHYPHARM will bear the cost of the Recall and replace recalled Product with conforming Product at no additional charge hereunder and will reimburse RELIANT for all of RELIANT’s reasonable direct costs and expenses actually incurred by RELIANT in connection with the Recall including, but not limited to, direct costs of retrieving Product already delivered to customers and direct costs and expenses RELIANT is required to pay for notification, shipping and handling charges; provided, however, that for each such Recall (a) RELIANT will in good faith consult with ETHYPHARM and, to the extent commercially reasonable, implement ETHYPHARM’s recommendations on how best to conduct the Recall including, without limitation, the notification and retrieval of Product, and (b) prior to any reimbursement hereunder, RELIANT will provide ETHYPHARM with detailed supporting documentation of all costs and expenses for which reimbursement is being sought. If a Recall of Product distributed is due to any act or omission of RELIANT, RELIANT will remain responsible for the costs of such Recall and will reimburse ETHYPHARM for all of the reasonable direct costs and expenses described above actually incurred by ETHYPHARM (if any) in connection with such Recall including, but not limited to, administration of the recall and such other reasonable direct costs as may be reasonably related to the Recall. RELIANT shall not release any Product in the Territory that has not been duly controlled by RELIANT.
Recall or Withdrawal. Expenses for the adjustment, disposal, inspection, loss of use, recall, removal, repair, replacement or withdrawal of:
i. the “Named Insured’s product”;
ii. the “Named Insured’s work”; or
iii. “impaired property”, because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it.
Recall or Withdrawal. 55 10.1 Event of Recall and Withdrawal...................................55 10.2 Expense of Recall................................................55
Recall or Withdrawal. (a) If any governmental authority having jurisdiction requires or reasonably requests Hi-Tech to recall any Product that have been distributed due to a defect in the design of the package or manufacture, processing, packaging or labeling of the Product or for any other reason whatsoever or Hi-Tech decides to withdraw or recall the Product in it sole discretion, Hi-Tech shall notify Elite, in writing within 2 days of Hi-Tech receiving the notice for a recall or withdrawal or deciding to initiate a recall or withdrawal.
(b) Elite hereby agrees to follow any reasonable direction of Hi-Tech as to the manner of completing the recall or withdrawal, provided the responsible governmental authority does not disagree with any such action. Elite shall assist Hi-Tech in the recall or withdrawal in the manner agreed upon in as expeditious a manner as possible and in such a way as to cause the least disruption to business, and to preserve the goodwill and reputation of their respective customers.
(c) With respect to any recall or withdrawal caused by the negligence, mistake, fault, error or omission of Elite, Elite shall:
(i) reimburse Hi-Tech for any and all losses, costs and expenses reasonably incurred by Hi-Tech in connection with the recall; and
(ii) indemnify and save Hi-Tech harmless from and against any and all damages to or claims by third parties associated with or resulting from any such recall or withdrawal.
(d) With respect to any recall or withdrawal caused by the negligence, mistake, fault, error or omission of Hi-Tech, Hi-Tech shall:
(i) reimburse Elite for any and all losses, costs and expenses reasonably incurred by Elite in connection with the recall or withdrawal; and
(ii) indemnify and save Elite harmless from and against any and all damages to or claims by third parties associated with or resulting from any such recall or withdrawal.
