Common use of Rejection of ATS Nutrient Solution in Case of Nonconformity Clause in Contracts

Rejection of ATS Nutrient Solution in Case of Nonconformity. 3.6.1 Subject to Section 3.5.2 hereof, Buyer may reject any portion of any shipment of ATS Nutrient Solution which is not conforming in all material respects with the specifications contained in Exhibit A hereto. In order to reject a shipment, Buyer must (i) give written notice to ATS of Buyer's intent to reject the shipment within fifteen (15) days of receipt of the ATS Nutrient Solution together with a detailed written indication of the reasons for such possible rejection, and (ii) as promptly as reasonably possible thereafter but in any event within an additional thirty (30) days, provide ATS with written notice of final rejection and the full basis therefor. After notice of intention to reject is given, Buyer shall fully cooperate with ATS in ATS' determination of whether rejection is necessary or justified. If no such written notice of intent to reject is timely received by ATS, Buyer shall be deemed to have accepted such shipment of ATS Nutrient Solution for all intent and purposes.

Appears in 1 contract

Samples: License Agreement (Advanced Tissue Sciences Inc)

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Rejection of ATS Nutrient Solution in Case of Nonconformity. 3.6.1 Subject to Section 3.5.2 hereof, 3.5.1 Buyer may reject any portion of any shipment of ATS Nutrient Solution which is not conforming in all material respects with the specifications product description contained in Exhibit A heretohereto or does not substantially conform in characteristics and quality to the Nutrient Solution provided for evaluation hereunder. In order to reject a shipment, Buyer must (i) give written notice to ATS of Buyer's intent to reject the shipment within fifteen thirty (1530) days of receipt of the ATS Nutrient Solution together with a detailed written indication of the reasons for such possible rejection, and (ii) as promptly as reasonably possible thereafter but in any event within an additional thirty (30) days, provide ATS with written notice of final rejection and the full basis therefor. After notice of intention to reject is given, Buyer shall fully cooperate with ATS in ATS' determination of determining whether rejection is necessary or justified. If no such written notice of intent to reject is timely received by ATS, Buyer shall be deemed to have accepted such shipment of ATS Nutrient Solution for all intent and purposesSolution.

Appears in 1 contract

Samples: License and Supply Agreement (Advanced Tissue Sciences Inc)

Rejection of ATS Nutrient Solution in Case of Nonconformity. 3.6.1 Subject to Section 3.5.2 hereof, 3.5.1 Buyer may reject any portion of any shipment of ATS Nutrient Solution which is not conforming in all material respects with the specifications description contained in Exhibit EXHIBIT A hereto. In order to reject a shipment, Buyer must (i) give written notice to ATS of Buyer's intent to reject the shipment within fifteen (15) days of receipt of the ATS Nutrient Solution together with a detailed written indication of the reasons for such possible rejection, and (ii) as promptly as reasonably possible thereafter but in any event within an additional thirty (30) days, provide ATS with written notice of final rejection and the full basis therefor. After notice of intention to reject is given, Buyer shall fully cooperate with ATS in ATS' determination of determining whether rejection is necessary or justified. If no such written notice of intent to reject is timely received by ATS, Buyer shall be deemed to have accepted such shipment of ATS Nutrient Solution for all intent and purposesSolution.

Appears in 1 contract

Samples: License and Supply Agreement (Biozhem Cosmeceuticals Inc)

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Rejection of ATS Nutrient Solution in Case of Nonconformity. 3.6.1 Subject to Section 3.5.2 hereof, 3.5.1 Buyer may reject any portion of any shipment of ATS Nutrient Solution which is not conforming in all material respects with the specifications description contained in Exhibit A hereto. In order to reject a shipment, Buyer must (i) --------- give written notice to ATS of Buyer's intent to reject the shipment within fifteen (15) days of receipt of the ATS Nutrient Solution together with a detailed written indication of the reasons for such possible rejection, and (ii) as promptly as reasonably possible thereafter but in any event within an additional thirty (30) days, provide ATS with written notice of final rejection and the full basis therefor. After notice of intention to reject is given, Buyer shall fully cooperate with ATS in ATS' determination of determining whether rejection is necessary or justified. If no such written notice of intent to reject is timely received by ATS, Buyer shall be deemed to have accepted such shipment of ATS Nutrient Solution for all intent and purposesSolution.

Appears in 1 contract

Samples: License and Supply Agreement (Advanced Tissue Sciences Inc)

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