Rejection and No Returns to GSK Sample Clauses

Rejection and No Returns to GSK. Within [* * *] ([* * *]) days of receipt of any GSK Supplied Product, PAR and its Affiliates may perform appropriate inspections to determine whether the GSK Supplied Product meets the applicable specifications set forth in Schedule 4.2(b)(iii) and in accordance with the Quality Agreement and the requirements of this Agreement. Any GSK Supplied Product not refused by PAR within [* * *] ([* * *]) days of receipt of shipment shall be deemed accepted by PAR. If PAR wishes to refuse acceptance, PAR shall within such [* * *] ([* * *]) days time, inform GSK in writing of its refusal to accept the batch(s), and the reasons therefor. If the Parties do not agree on the refusal or rejection of GSK Supplied Product, then either Party may refer the matter for final review to an independent Third Party of national reputation reasonably acceptable to both Parties for the purpose of determining the results. Any determination by such Third Party shall be binding upon both Parties. The cost of any such review and evaluation by an independent Third Party shall be borne by PAR if it is determined that the GSK Supplied Product conforms to the requirements of this Agreement, and by GSK if determined that it does not. GSK shall, as promptly as is reasonably possible, either (i) make replacement delivery of conforming GSK Supplied Product, with GSK bearing the reasonable expenses associated therewith, or (ii) issue the appropriate credits to PAR, as requested by PAR. PAR shall, in GSK’s reasonable discretion, either return to GSK or destroy any non-conforming GSK Supplied Product and provide to GSK written certification of destruction, with GSK bearing the reasonable expenses associated therewith, including reasonable destruction, transportation and reasonable handling costs, as applicable. Except as set forth in this Section 4.2(h) with respect to initial inspection of GSK Supplied Product, all sales of product from GSK to PAR shall be deemed final and non-returnable to GSK (except as provided for in Section 5.8(b)), and PAR shall be responsible for and shall process any and all aspects of its customer returns of GSK Supplied Product to PAR (except as provided for in Section 5.8(b).
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Related to Rejection and No Returns to GSK

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