Common use of Recalls, Suspensions or Withdrawals Clause in Contracts

Recalls, Suspensions or Withdrawals. Everest shall notify Sxxxx promptly following its determination that any event, incident or circumstance has occurred that would reasonably be expected to result in the need for a recall, market suspension or market withdrawal of a Licensed Product in the Licensed Field in the Territory and shall include in such notice the reasoning behind such determination and any supporting facts. As between the Parties, Everest shall have the right to make the final determination whether to voluntarily implement any such recall, market suspension or market withdrawal in the Licensed Field in the Territory; provided that prior to any implementation of such a recall, market suspension or market withdrawal, Everest shall consult with Sxxxx and shall consider Sxxxx’x comments in good faith. If a recall, market suspension or market withdrawal is mandated by a Regulatory Authority in the Territory, as [***] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED BECAUSE THE INFORMATION (I) IS NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. between the Parties, Everest shall initiate such a recall, market suspension or market withdrawal in compliance with Applicable Laws. For all recalls, market suspensions or market withdrawals undertaken pursuant to this Section 6.5 (Recalls, Suspensions or Withdrawals), as between the Parties, Everest shall be solely responsible for the execution thereof. Subject to ARTICLE 14 (Indemnification; Liability), Everest shall be responsible for all costs and expenses of any such recall, market suspension or market withdrawal.

Recalls, Suspensions or Withdrawals. Everest shall notify Sxxxx NPLH promptly following its determination that any event, incident or circumstance has occurred that would reasonably be expected to result in the need for a recall, market suspension or market withdrawal of a Licensed Product in the Licensed Field in the Territory and shall include in such notice the reasoning behind such determination and any supporting facts. As between the Parties, Everest shall have the right to make the final determination whether to voluntarily implement any such recall, market suspension or market withdrawal in the Licensed Field in the Territory; provided that prior to any implementation of such a recall, market suspension or market withdrawal, Everest shall consult with Sxxxx NPLH and shall consider Sxxxx’x NPLH’s comments in good faith. If a recall, market suspension or market withdrawal is mandated by a Regulatory Authority in the Territory, as [***] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED BECAUSE THE INFORMATION (I) IS NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. between the Parties, Everest shall initiate such a recall, market suspension or market withdrawal in compliance with Applicable Laws. For all recalls, market suspensions or market withdrawals undertaken pursuant to this Section 6.5 5.5 (Recalls, Suspensions or Withdrawals), as between the Parties, Everest shall be solely responsible for the execution thereof. Subject to ARTICLE 14 13 (Indemnification; Liability), Everest shall be responsible for all costs and expenses of any such recall, market suspension or market withdrawal.

Recalls, Suspensions or Withdrawals. Everest Licensee shall notify Sxxxx Nabriva promptly following its determination that any event, incident or circumstance has occurred that would reasonably be expected to result in the need for a recall, market suspension or market withdrawal of a Licensed Product in the Licensed Field in the Territory and shall include in such notice the reasoning behind such determination and any supporting facts. As between the Parties, Everest Licensee shall have the right to make the final determination whether to voluntarily implement any such recall, market suspension or market withdrawal of a Licensed Product in the Licensed Field in the Territory; provided that prior to any implementation of such a recall, market suspension or market withdrawal, Everest Licensee shall consult with Sxxxx Nabriva and shall consider Sxxxx’x Nabriva’s comments in good faith. If a recall, market suspension or market withdrawal of a Licensed Product in the Field in the Territory is mandated by a Regulatory Authority in the Territory, as [***] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED BECAUSE THE INFORMATION (I) IS NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. between the Parties, Everest Licensee shall initiate such a recall, market suspension or market withdrawal in compliance with Applicable LawsLaw. For all recalls, market suspensions or market withdrawals undertaken pursuant to this Section 6.5 Clause 3.2(c) (Recalls, Suspensions or Withdrawals), as between the Parties, Everest Licensee shall be solely responsible for the execution thereof. Subject to ARTICLE 14 Clause 9 (Indemnification; LiabilityINDEMNITY), Everest Licensee shall be responsible for all costs and expenses of any such recall, market suspension or market withdrawal.

Recalls, Suspensions or Withdrawals. Everest Licensee shall notify Sxxxx ArQule promptly following its determination that any event, incident or circumstance has occurred that would reasonably be expected to result in the need for a recall, market suspension or market withdrawal of a Licensed Product in the Licensed Field in the Territory and shall include in such notice the reasoning behind such determination and any supporting facts. As between the Parties, Everest Licensee shall have the right to make the final determination whether to voluntarily implement any such recall, market suspension or market withdrawal in the Licensed Field in the Territory; provided that prior to any implementation of such a recall, market suspension or market withdrawal, Everest Licensee shall consult with Sxxxx ArQule and shall consider Sxxxx’x ArQule's comments in good faith. If a recall, market suspension or market withdrawal is mandated by a Regulatory Authority in the Territory, as [***] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED BECAUSE THE INFORMATION (I) IS NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. between the Parties, Everest Licensee shall initiate such a recall, market suspension or market withdrawal in compliance with Applicable LawsLaw. For all recalls, market suspensions or market withdrawals undertaken pursuant to this Section 6.5 Clause 3.2(c) (Recalls, Suspensions or Withdrawals), as between the Parties, Everest Licensee shall be solely responsible for the execution thereof. Subject to ARTICLE 14 Clause 9 (IndemnificationINDEMNITY; LiabilityINSURANCE), Everest Licensee shall be responsible for all costs and expenses of any such recall, market suspension or market withdrawal.