Rejection and Replacement. (a) In the event that Alamo determines that any Product, Product samples or Product placebos as manufactured and/or packaged by CIMA is Defective, then: (i) thirty (30) days from receipt of Product, Product samples or Product placebos to Alamo or to Alamo’s designated agent for final packaging; or (ii) in the event that such Product, Product samples or Product placebos is Defective as a result of a latent defect, within sixty (60) days of the discovery of such latent defect, Alamo shall provide to CIMA a written notice of rejection, specifying in reasonable detail the manner in which the Product is Defective (the “Notice of Rejection”). If no written Notice of Rejection is given to CIMA by Alamo within the period specified in clauses (i) and (ii), such Product, Product samples or Product placebos shall be deemed to have been accepted by Alamo, provided, however, that nothing contained in this Section 5.5(a) shall be deemed to relieve CIMA of its obligations under this Agreement.
Rejection and Replacement. (a) In the event [***CONFIDENTIAL TREATMENT REQUESTED, PORTION OMITTED FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.***] determines that any Products, Product samples or Product placebos as manufactured and/or packaged by CIMA is Defective, then, within [***CONFIDENTIAL TREATMENT REQUESTED, PORTION OMITTED FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.***] after delivery of such Products, Product samples or Product placebos to [***CONFIDENTIAL TREATMENT REQUESTED, PORTION OMITTED FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.***] shall provide to CIMA a written notice of rejection, specifying in reasonable detail the manner in which the Products are Defective (the "Notice of Rejection"). If no written Notice of Rejection is given to CIMA by [***CONFIDENTIAL TREATMENT REQUESTED, PORTION OMITTED FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.***] within such [***CONFIDENTIAL TREATMENT REQUESTED, PORTION OMITTED FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.***] period, such Products, Product samples or Product placebos shall be deemed to have been accepted by [***CONFIDENTIAL TREATMENT REQUESTED, PORTION OMITTED FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.***].
Rejection and Replacement. 10.1 Without prejudice to or limitation of its statutory rights Network Rail may, at any time prior to payment for the relevant Goods, notwithstanding the use or continued use by Network Rail of the Goods after any right to reject them has arisen, reject by notice in writing (without liability to Network Rail) any Goods which, in the reasonable opinion of Network Rail, are not of satisfactory quality and/or fit for their purpose and/or in accordance with the Specification and/or the Purchase Order. Any Goods not so rejected shall be deemed to have been accepted by Network Rail.
Rejection and Replacement. In the event CLP determines that any Product as manufactured and packaged by ANI is Defective, then, within thirty (30) days after delivery of such Product to CLP (or, in the event that such Product is Defective as a result of a latent defect, within thirty (30) days of the discovery of such latent defect), CLP shall provide to ANI a written notice of rejection, specifying in reasonable detail the manner in which Product is Defective (the “Notice of Rejection”). If no written Notice of Rejection is given to ANI by CLP within such thirty (30) day period, such Product shall be deemed to have been accepted by CLP. Upon receipt of a Notice of Rejection from CLP and in order to minimize any hardship to CLP’s customers, ANI shall use its best efforts to promptly supply to CLP a quantity of replacement Product meeting the Specifications equal to the size of the lot which CLP claims was Defective so that such replacement Product shall be received by CLP within thirty (30) days following ANI’s receipt of CLP’s Notice of Rejection. ANI reserves the right to test rejected Product, and if found not to be Defective, will notify CLP accordingly and provide CLP the results of its tests. If there is disagreement between CLP and ANI on the results, a mutually agreeable third party testing lab will be retained to retest the Product in question. Cost of the third party testing will be the responsibility of the Party whose test results were inconsistent with the third party testing lab. All actual and documented costs and expenses directly relating to any rejection and replacement pursuant to this Section 3.9 shall be paid by ANI, or in the case of disagreement between CLP and ANI as to the rejected Product being Defective, by the party whose test results are inconsistent with the third party testing lab.
Rejection and Replacement. (a) If Customer disagrees with the Statement (other than net weight, which shall be finally determined by Supplier under Paragraph 3 of this Appendix) or determines that the Material is not Conforming Material, Customer may, prior to Acceptance, notify Supplier of its disagreement, including the measurements and analytical data supporting Customer’s position (Customer’s Notice being referred to herein as a “Rejection Notification”), and, subject to resolution of such disagreement, require Supplier to replace the Material with Conforming Material, or in the case of an alleged shortage in quantity, to Deliver the shortfall. The Supplier shall make such replacement or additions as soon as practicable, but in no event later than: *****. RESTRICTED PROPRIETARY INFORMATION Orano Cycle XXXXXXXX XX. X00 000 XXX XX 00 USEC CONTRACT NO. EC-SC01-18MI03174
Rejection and Replacement. (1) In the event Schwxxx xxxermines that any Product, Product samples or Product placebos as manufactured and/or packaged by CIMA is Defective, then, within 30 days after delivery of such Product, Product samples or Product placebos to Schwxxx (xx, in the event that such Product, Product samples or Product placebos is Defective as a result of a latent defect, within 30 days of the discovery of such latent defect), Schwxxx xxxll provide to CIMA a written notice of rejection, specifying in reasonable detail the manner in which the Product is Defective (the "Notice of Rejection"). If no written Notice of Rejection is given to CIMA by Schwxxx xxxhin such 30 day period, such Product, Product samples or Product placebos shall be deemed to have been accepted by Schwxxx, xxovided, however, that nothing contained in this Section 5.5(a) shall be deemed to relieve CIMA of its obligations under the warranties set forth in Section 7 below.
Rejection and Replacement. In the event that Motus or its designee rejects the Products, Sterling shall, unless otherwise agreed to by the Parties, replace Non-Conforming Products at no cost to Motus.
Rejection and Replacement. (a) In the event Schwxxx xxxermines that any Nascobal Units as manufactured are Defective, then, within 60 days after delivery of such Nascobal Units to Schwxxx, Xxhwxxx xxxll provide to Nastech a written notice of rejection, specifying in reasonable detail the manner in which Nascobal are Defective (the "Notice of Rejection"). If no written Notice of Rejection is given to Nastech by Schwxxx xxxhin such 60 day period, such Nascobal Units shall be deemed to have been accepted by Schwxxx, xxovided,
Rejection and Replacement. (a) In the event KU determines that any Product as manufactured is Defective, then, [***], KU shall provide to Alkermes a written notice of rejection, specifying in reasonable detail the manner in which such Product is Defective (the “Notice of Rejection”). If in the event that KU discovers any latent defects as to any Product, KU shall provide Alkermes a Notice of Rejection [***]. If no written Notice of Rejection is given to Alkermes by KU [***], such Product shall be deemed to have been accepted by KU, provided, however, that nothing contained in this Section 4.4(a) shall be deemed to relieve Alkermes of its obligations under the warranties set forth in SECTION 6 below. CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY [***] HAS BEEN OMITTED BECAUSE IT IS NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO THE REGISTRANT IF PUBLICLY DISCLOSED.
Rejection and Replacement. (a) In the event KU determines that any Product as manufactured is Defective, then, [***], KU shall provide to Alkermes a written notice of rejection, specifying in reasonable detail the manner in which such Product is Defective (the “Notice of Rejection”). If in the event that KU discovers any latent defects as to any Product, KU shall provide Alkermes a Notice of Rejection [***]. If no written Notice of Rejection is given to Alkermes by KU [***], such Product shall be deemed to have been accepted by KU, provided, however, that nothing contained in this Section 4.4(a) shall be deemed to relieve Alkermes of its obligations under the warranties set forth in SECTION 6 below.
