Common use of Replacement Finished Product Clause in Contracts

Replacement Finished Product. Whether or not Supplier accepts Purchaser’s assertion of nonconformity, promptly upon receipt of a notice of rejection, unless otherwise specified by Purchaser, Supplier shall use its commercially reasonable efforts to provide replacement Finished Product for those rejected by Purchaser in the original shipment. If the Finished Product rejected by Purchaser from such original shipment ultimately is found to be nonconforming (whether pursuant to Section 6.3 or if Supplier so acknowledges in writing), Supplier shall bear all expenses for such replacement Finished Product (including all transportation and/or disposal charges and cost of manufacture for such nonconforming Finished Product) to the extent Purchaser previously paid for any corresponding nonconforming Finished Product. If it is determined subsequently that such Finished Product was in fact conforming (whether pursuant to Section 6.3 or if Purchaser so acknowledges in writing), then Purchaser shall be responsible not only for the purchase price of the allegedly nonconforming Finished Product (including all transportation charges), but also, upon receipt and acceptance by Purchaser in accordance with the procedures (and at the same price charged in the original shipment) set forth above, the replacement Finished Product. Replacement shipments shall also be subject to the procedures contained in Section 4. [*] = Portions of this exhibit have been omitted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed separately with the Commission.

Replacement Finished Product. Whether or not Supplier Xxxx accepts PurchaserGalen’s assertion of nonconformity, promptly upon receipt of a notice of rejection, unless otherwise specified by PurchaserXxxxx, Supplier Xxxx shall use its commercially reasonable efforts Commercially Reasonable Efforts to provide replacement Finished Product for those rejected by Purchaser Xxxxx in the original shipment. If the Finished Product rejected by Purchaser Xxxxx from such original shipment ultimately is found to be nonconforming (whether pursuant to to Section 6.3 5.1 (c) or if Supplier Xxxx so acknowledges in writing), Supplier Xxxx shall bear all expenses for such replacement Finished Product (including all transportation and/or disposal charges and cost of manufacture for such nonconforming Finished Product) to the extent Purchaser Xxxxx previously paid for any corresponding nonconforming Finished Product. If it is determined subsequently that such Finished Product was in fact conforming (whether pursuant to Section 6.3 5.1(c) or if Purchaser Xxxxx so acknowledges in writing), then Purchaser Xxxxx shall be responsible not only for the purchase price of the allegedly nonconforming Finished Product (including all transportation charges), but also, upon receipt and acceptance by Purchaser Xxxxx in accordance with the procedures (and at the same price charged in the original shipment) set forth above, the replacement Finished Product. Replacement shipments shall also be subject to the procedures contained in Section 4. [*] = Portions of this exhibit have been omitted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed separately with the Commission5.1 (a).

Replacement Finished Product. Whether or not Supplier Xxxx accepts Purchaser’s Kos' assertion of nonconformity, promptly upon receipt of a notice of rejection, unless otherwise specified by PurchaserKos, Supplier Xxxx shall use its commercially reasonable efforts Commercially Reasonable Efforts to provide replacement Finished Product for those rejected by Purchaser Kos in the original shipment; provided that it shall not be considered a breach of this Agreement if Xxxx, upon Commercially Reasonable Efforts, is incapable of replacing the whole shipment. If the Finished Product rejected by Purchaser Kos from such original shipment ultimately is found to be nonconforming (whether pursuant to Section 6.3 or if Supplier Xxxx so acknowledges in writing), Supplier Xxxx shall bear all expenses for such replacement Finished Product (including all transportation and/or disposal charges and cost of manufacture for such nonconforming Finished Product) to the extent Purchaser Kos previously paid for any corresponding nonconforming Finished Product. If it is determined subsequently that such Finished Product was in fact conforming (whether pursuant to Section 6.3 or if Purchaser Kos so acknowledges in writing), then Purchaser Kos shall be responsible not only for the purchase price of the allegedly nonconforming Finished Product (including all transportation charges), but also, upon receipt and acceptance by Purchaser Kos in accordance with the procedures (and at the same price charged in the original shipment) set forth above, the replacement Finished Product. Replacement shipments shall also be subject to the procedures contained in Section 4. [*] = Portions of this exhibit have been omitted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed separately with the Commission6.1.