Remedies for Non-Conforming Commercial Product Sample Clauses

Remedies for Non-Conforming Commercial Product. 1B Celator shall pay for all Commercial Product, including replacement Commercial Product and the cost of the API therefor, except as specifically set forth in Sections 7.2.2B and 7.2.3B.
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Remedies for Non-Conforming Commercial Product. 7.2.1 In the event Xxxxxx agrees that the shipment of Commercial Product is non-conforming in part as a result of the negligence or willful misconduct of Xxxxxx or a laboratory or consultant determines that the shipment of Commercial Product is non-conforming in part as a result of the negligence or willful misconduct of Xxxxxx, then Xxxxxx, to the extent of its negligence or wilful misconduct, will (i) replace such non-conforming Commercial Product as soon as possible assuming sufficient Active and any other Client supplied Component will be provided by Client in due time to carry out the Production, (ii) reimburse Client for its actual cost of the Active and any other Client supplied Component for the replacement Commercial Product, which cost shall not exceed the Purchase Price of the non-conforming Batch of Commercial Product, and (iii) bear the costs of such laboratory or consultant, if applicable. 7.2.2 Notwithstanding anything to the contrary in the foregoing, Xxxxxx shall have no obligation to replace the non-conforming Product if the process provided by Client is not sufficient to produce conforming Product. Xxxxxx agrees that a conclusion that Client-provided process is not sufficient to produce conforming Product cannot reasonably be made if such process has previously resulted in conforming Product at Xxxxxx. Xxxxxx is not responsible for defects that are caused by Components supplied by Client or upon instructions of the Client. 7.2.3 Production deviations and investigations which occur during Production of Product and which do not cause the Production to be non-compliant with cGMP or with Specifications shall not be deemed to cause such Product to be non-conforming.
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Related to Remedies for Non-Conforming Commercial Product

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