RECALLS AND RETURNS Sample Clauses
RECALLS AND RETURNS. Liability and risk associated with returns and ------------------- recalls of the Product shall be allocated as follows. ************************** ******************************************************************************** ******************************************************************************** ******************************************************************************** ******************************************************************************** ************************************************************* The ANRC will bear the out-of-pocket costs of ************************************************. The ANRC will be required to pay VITEX s full processing costs (but not any profit) for the Faulty Plasma lot(s), to pay the logistical and other direct costs of the recall procedure and to supply VITEX with sufficient Input to produce and manufacture replacement Units. ************************************************* ******************************************************************************** ******************************************************************************** ******************************************************************************** ******************************************************************************** ******************************************************************************** ******************************************************************************** ******************************************************************************** ******************************************************************************** ************************************************************************* which constituted such Input Loss plus interest at the applicable federal rate if such payment is not made by VITEX within six months after the date it is due. Payments referred to in the immediately preceding sentence shall be due 30 days after the occurrence of the event giving rise to the payment. In addition, VITEX will bear the out-of-pocket costs of a Faulty Processing case. To the extent that the actual yield of the Product from Input falls below the *************** ***** minimum target yield, *************************************************** ********************************************** In the case of a Faulty Processing or an Input Loss, ************************************************** ******************************************************************************** *************************************...
RECALLS AND RETURNS. 4.1 In the event of a recall of any of the Herbal Product required by a governmental agency or authority of competent jurisdiction or if a recall of the Herbal Product is reasonably deemed advisable by PharmaPrint, such recall shall be promptly implemented and administered by PharmaPrint in a manner which is appropriate and reasonable under the circumstances and in conformity with accepted trade practices. In the event that a recall is required as a result of ▇▇▇▇▇▇'▇ breach of its obligations hereunder, all costs and expenses incurred in connection therewith shall be borne by ▇▇▇▇▇▇. PharmaPrint shall bear all costs associated with such recalls not borne by ▇▇▇▇▇▇.
4.2 The provisions and obligations of this Article IV shall survive any termination or expiration of this Agreement.
4.3 ▇▇▇▇▇▇ agrees that as to the Herbal Product identified in this Agreement and those herbal products identified in the Additional Supply Agreement contemporaneously entered into between the parties, if PharmaPrint so desires, it may have herbal products other than those identified in the aforementioned Agreements manufactured and sold to it by a third party manufacturer of PharmaPrint's choice.
RECALLS AND RETURNS. 7.1 In the event of a recall involving any Buyer finished product containing Product supplied hereunder is required by a governmental agency or authority of competent jurisdiction or if recall is deemed advisable by Buyer, such recall shall be promptly implemented and administered by Buyer in a manner which is appropriate and reasonable under the circumstances and conformity with accepted trade practices. Subject to Paragraph 7.2, in the event that a recall is required as a result of Buyer's breach of its obligations hereunder, all costs and expenses incurred in connection therewith will be borne by Buyer. Subject to
RECALLS AND RETURNS. 4.1 In the event of a recall of any of the Licensed Products required by a governmental agency or authority of competent jurisdiction or if recall of any Licensed Products is reasonably deemed advisable by AHP, such recall shall be promptly implemented and administered by AHP in a manner which is appropriate and reasonable under the circumstances and in conformity with accepted trade practices. In the event that a recall is required as a result of AHP's breach of its obligations hereunder, all costs and expenses incurred in connection therewith shall be borne by AHP. PharmaPrint shall bear all costs associated with such recalls not borne by AHP.
4.2 The provisions and obligations of this Article IV shall survive any termination of this Agreement.
RECALLS AND RETURNS. 7.1. Subject to Article 6 (Liabilities and Indemnities), Sucampo shall be financially responsible for all returns of all RESCULA sold by it or on its behalf in the Territory prior to the Effective Date.
7.2. Subject to Article 6 (Liabilities and Indemnities), R-Tech shall be financially responsible for all returns of all RESCULA sold by it or on its behalf in the Territory from and after the Effective Date.
7.3. Subject to Article 6 (Liabilities and Indemnities), Sucampo shall be responsible, at its expense for any and all recalls of any and all formulations of RESCULA manufactured or sold by it or on its behalf in the Territory prior to the Effective Date.
7.4. Subject to Article 6 (Liabilities and Indemnities), R-Tech shall be responsible, at its expense, for any and all recalls of any and all formulations of Unoprostone manufactured or sold by it or on its behalf in the Territory from and after the Effective Date.
RECALLS AND RETURNS. 5.1 In the event a recall involving any CTI finished dosage form of the Product containing the Product supplied hereunder is required by a governmental agency or authority of competent jurisdiction or if recall is reasonably deemed advisable by CTI, such recall shall be promptly implemented and administered by CTI in a manner which is appropriate and reasonable under the circumstances and shall conform with accepted trade practices, at CTI’s sole cost and expense. However, subject to Section 4.8, in the event that a recall is required solely as a result of NPM’ breach of its obligations hereunder, as determined by ** Quality Assurance department, a government agency, or authority of competent jurisdiction, all costs and expenses incurred in connection therewith shall be borne by NPM.
5.2 The provisions and obligations of this Article 5 shall survive any expiration or termination of this Agreement. ** Indicates that certain information contained herein has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been request with respect to the omitted portions. **** Indicates that the amount of information omitted was a page or more in length, and such information was filed separately with the Securities and Exchange Commission. Confidential treatment has been request with respect to the omitted portions.
RECALLS AND RETURNS. 5.1 In the event of a recall involving any BUYER finished product containing Product supplied hereunder is required by a governmental agency or authority of competent jurisdiction or if recall is deemed advisable by BUYER, such recall shall be promptly implemented and administered by BUYER in a manner which is appropriate and reasonable under the circumstances and conformity with accepted trade practices. Subject to Section 5.2, in the event that a recall is required as a result of BUYER’S breach of its obligations hereunder, all costs and expenses incurred in connection therewith will be borne by BUYER. Subject to Section 5.2, in the event that a recall is required as a result of SIGMA’s breach of its obligations hereunder, all costs and expenses incurred in connection therewith shall be borne by SIGMA.
5.2 Notwithstanding anything in this Agreement to the contrary, in the event of any recall, neither party shall be liable to the other party for special, incidental or consequential damages, loss of profit or loss of use, whether a claim arises in tort or contract. The limitation on liability provided for herein shall apply even in the event of the fault, negligence or strict liability of the party that may be responsible for the liability associated with such recall or the Products recalled.
5.3 The provisions and obligations of this Article V shall survive any termination of this Agreement.
RECALLS AND RETURNS. In the event of a Recall or return pursuant to Section 6.5, Patheon’s liability for such Recall or return, shall not exceed the maximum amount of Euro [ * ] in the aggregate during a Year with respect to such Recall or return (including liability for replacing API and Components).
RECALLS AND RETURNS. 5.1 In the event of a recall involving any BUYER finished product containing Product supplied hereunder is required by a governmental agency or authority of competent jurisdiction or if recall is deemed advisable by BUYER, such recall shall be promptly implemented and administered by BUYER in a manner which is appropriate and reasonable under the circumstances and conformity with accepted trade practices. Subject to Section 5.2, in the event that a recall is required as a result of BUYER’S breach of its obligations hereunder, all costs and CONFIDENTIAL TREATMENT REQUESTED UNDER C.F.R. SECTIONS 200.80(b)(4), 200.83 AND 230.406. [****] INDICATES OMITTED MATERIAL THAT IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST FILED SEPARATELY WITH THE COMMISSION. THE OMITTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE COMMISSION. expenses incurred in connection therewith will be borne by BUYER. Subject to Section 5.2, in the event that a recall is required as a result of SIGMA’s breach of its obligations hereunder, all costs and expenses incurred in connection therewith shall be borne by SIGMA.
5.2 Notwithstanding anything in this Agreement to the contrary, in the event of any recall, neither party shall be liable to the other party for special, incidental or consequential damages, loss of profit or loss of use, whether a claim arises in tort or contract. The limitation on liability provided for herein shall apply even in the event of the fault, negligence or strict liability of the party that may be responsible for the liability associated with such recall or the Products recalled.
5.3 The provisions and obligations of this Article V shall survive any termination of this Agreement.
RECALLS AND RETURNS. 4.1 In the event of a recall of any of the PharmaPrint-Registered Trademark- Herbal Products required by a governmental agency or authority of competent jurisdiction or if a recall of any PharmaPrint-Registered Trademark- Herbal Product is reasonably deemed advisable by PharmaPrint, such recall shall be promptly implemented and administered by PharmaPrint in a manner which is appropriate and reasonable under the circumstances and in conformity with accepted trade practices. In the event that a recall is required as a result of ▇▇▇▇▇▇'▇ breach of its obligations hereunder, all costs and expenses incurred in connection therewith shall be borne by ▇▇▇▇▇▇. PharmaPrint shall bear all costs associated with such recalls not borne by ▇▇▇▇▇▇.
4.2 The provisions and obligations of this Article IV shall survive any termination or expiration of this Agreement.