Rejection Procedure. If Purchaser rejects all or part of any shipment of Licensed Adjuvants pursuant to Section 5.1 or Section 5.2 above, then, unless Supplier informs Purchaser to the contrary within twelve (12) Business Days after receipt of Purchaser’s written rejection notice, Supplier will be deemed to have accepted the above-mentioned rejection.
(a) If Supplier accepts Purchaser’s rejection, Supplier shall, at Purchaser’s option, either (i) utilize Commercially Reasonable Efforts to supply replacement Licensed Adjuvants at no additional charge within one (1) month after receipt of Purchaser’s rejection notice or (ii) credit or refund to Purchaser the cost paid to Supplier by Purchaser for such non-conforming Licensed Adjuvants, or, if the invoice has not been paid, cancel the invoice. In either case, such non-conforming Licensed Adjuvants shall be disposed of at Supplier’s cost.
(b) If Supplier does not accept Purchaser’s rejection, and there is a dispute as to whether all, or a portion, of any shipment of Licensed Adjuvants is non-compliant, such dispute shall be resolved by having an independent, mutually acceptable, qualified Third Party (the “Independent Expert”) examine the respective Licensed Adjuvants. At Supplier’s cost, Supplier will provide a representative final Licensed Adjuvant sample and master reference standard for such Licensed Adjuvant to the Independent Expert. If the Independent Expert determines that the Licensed Adjuvant is non-compliant, then Section 5.3(a) shall apply. The Party against whose position the Independent Expert rules shall bear any out-of-pocket costs relating to the Independent Expert incurred by the other Party. In the event that the Independent Expert rules against Purchaser, Purchaser shall remit payment for the respective Licensed Adjuvants to Supplier within thirty (30) days of such ruling. During the time any dispute under this Section 5.3(b) is pending resolution, Purchaser shall not be obligated to pay any invoice for the Licensed Adjuvants that is the subject of the dispute and no interest on such payment will accrue under Section 4.4.
Rejection Procedure. If you do not understand or accept these terms, or your local regulations prohibit “after sale” Licence agreements or limited disclaimers, You have no right to use the Software and You must cease and desist using the Software immedi- ately.
Rejection Procedure. Upon Novavax’ receipt of a notice from SIIPL pursuant to Section 4.1(Inspection; Acceptance and Rejection), unless Novavax informs SIIPL to the contrary within [***] after receipt of such notice, Novavax will replace such missing, damaged, or defective Vaccine Components or License Know-How at [***] cost and expense. To the extent a defect of the Vaccine Components or Licensed Know- How cannot be ascertained by the exercise of [***] diligence by SIIPL within [***] after a delivery, SIIPL will notify Novavax in writing of such defect [***], then the Parties will thereafter use [***] to have Novavax replace such defective Vaccine Components or Licensed Know-How at [***]; provided any such notice must be provided [***].
Rejection Procedure. The following procedures shall be followed with respect to rejection of Products:
7.1 In the case of rejection, AIPC shall promptly determine the reason for the defect in the lot and submit a proposed method of correction of the defect. Such proposal shall also include a method for preventing a repetition of the cause of the defect, if possible.
7.2 CPC will have * after receipt of the proposed method of correction (accompanied by reworked samples, if necessary) to accept or reject such proposed method. Acceptance shall extend only to the method of correction and shall not in and of itself constitute or imply approval of the lot after correction. After correction, the lot must meet all regular quality tests and any special tests made necessary by the nature of the defect.
7.3 CPC shall have * from the date of receipt of samples from any reworked lot to retest the reworked lot. Failure to reject such reworked lot during such period shall constitute acceptance of the lot. If any batch or lot is finally rejected, AIPC shall dispose of such batch or lot in accordance with Applicable Laws and in a manner that will not, in CPC's good faith reasonable judgment, have a negative impact on the image of the Products.
7.5 In any event, AIPC's obligation with respect to any defect readily observable at the time of delivery shall be to replace the Product, and all other directly incurred costs including freight, storage and handling.
Rejection Procedure if already unloaded at the AD Facility, the waste will be re-loaded on the vehicle that has made the delivery, and removed from site at the Suppliers expense. If the vehicle making the delivery has left site, Swancote Energy reserves the right to instruct another haulage firm to collect the waste and return it to the Waste Supplier, all associated costs for this action to be paid by the Waste Supplier.
Rejection Procedure. If a party approaches ANUSA and falls under any of the aforementioned avoidance criteria, that party is rejected. The rejected party shall, if directed by the President and Treasurer, and if rejected due to the avoidance criteria, be placed on the rejected parties register.
1. The list of criteria for rejection is not exhaustive and the ultimate discretion falls upon the committee.
Rejection Procedure. 28 8.9 Presence At Facility .............................................29 8.10
Rejection Procedure. With respect to Daughter Products and Components which a Party intends to reject pursuant to Sections 8.6 or 8.7 above, the Rejecting Party will, within thirty (30) days following receipt of such Daughter Products or Components, as the case may be, give written notice to the Supplier specifying the manner in which such Daughter Products of Components, as the case may be, fail to conform to the Quality Guidelines set forth in Section 8.4 and in conjunction with such notice, the Rejecting Party will request authorization from the supplier prior to the return of each lot of such Daughter Products or Components, as the case may be. Upon such request, the Supplier will provide the Rejecting Party with an RMA tracer number to be prominently displayed on the shipping container for the returned Daughter Products or Components, as the case may be. The foregoing thirty (30) day period may be extended for up to an additional thirty (30) days upon written request by the Rejecting Party to the supplier if received prior to the expiration of the original notice period and stating a legitimate reason for such request for extension. If returned Daughter Products or Components, as the case may be, are determined by the Supplier to conform to the applicable Quality Standards set forth in Section 8.4 the Rejecting Party will reimburse the Supplier's shipping costs associated with the return of such conforming or out-of-warranty Daughter Products or Components, as the case may be, and, at the request of the Rejecting Party, the Supplier will return such Daughter Products or Components, as the case may be, to the Rejecting Party at the Rejecting Party's expense. Biosense's and Stereotaxis's sole liability and the other Party's exclusive remedy in connection with rejected Daughter Products or Components under this Section 8 will be replacement of the rejected Daughter Products or Components.
Rejection Procedure. The Agency shall notify the Contractor of the rejection as soon as practicable but not later than the following:
(1) Code Sets Other Than the Index Volumes. For Code sets, other than the Index volumes, the Agency shall have a determination period of 42 calendar days to notify the Contractor that 15 percent or more of the books for a particular volume have been rejected. However, if the
(2) Index Volumes. For Index volumes, the Agency shall have a determination period of 42 calendar days to notify the Contractor that 15 percent or more of the books have been rejected. However, if the Agency finds that it has cause, it may notify the Contractor within the 42- calendar-day period that it reserves a determination period of 70 calendar days to notify the Contractor that 15 percent or more of the books have been rejected. The determination period begins on the final date required for the normal delivery of those Index volumes to the Agency as provided in Part IX, Paragraph "D", Subparagraph 1, or the actual date that those Index volumes were delivered, whichever is later.
Rejection Procedure. Upon Novavax’ receipt of a notice from SIIPL pursuant to Section 4.1(Inspection; Acceptance and Rejection), unless Novavax informs SIIPL to the contrary