Replacement Product Sample Clauses

Replacement Product. If either Corgenix or BG Medicine determine, pursuant to Section 2.7(a), that a Lot or Product does not comply with all of the applicable Specifications, then Corgenix shall replace such Lot or Product at no cost or expense to BG Medicine; provided, however, that if a Product has been properly stored by Corgenix expires before shipment, BG Medicine shall pay the cost of replacing it if BG Medicine informs Corgenix in writing that BG Medicine desires to replace such Lot or Product. Corgenix shall also be responsible to pay for the BGM Critical Components necessary for the replacement Product or Lot if it is determined that Product failure is due to materials provided by or activities performed by Corgenix. If Product failure is due to failure of Critical Components provided by BG Medicine, BG Medicine shall be responsible to pay for Critical Components necessary for replacement Product or Lot, unless the failure of the Critical Components is due to the mishandling of such components by Corgenix. In the event that the failure of the Critical Components is due to Corgenix’ mishandling, then Corgenix shall remain responsible to pay for Critical Components necessary for replacement Product or Lot.

Replacement Product. During the Shortfall Makeup Period, the amount of Shortfall Energy shall first be reduced by the amount of any (a) Facility Energy or Deemed Generated Energy delivered or deemed to be delivered above the Guaranteed Generation, including Excess Energy, during the applicable Shortfall Makeup Period, and (b) Replacement Product delivered by Seller during the Shortfall Makeup Period. Such Replacement Product shall be delivered to the Point of Delivery or such other point of delivery as is mutually agreed upon by the Parties (which point of delivery shall be deemed the “Point of Delivery” for such Replacement Product for purposes of ARTICLE VII and the other Scheduling and delivery provisions hereof) and on a delivery schedule mutually agreed to by Seller and Buyer. Any additional costs or expenses associated with delivery of Replacement Product to a Point of Delivery designated under this Section 9.2 shall be borne by Seller. To the extent Seller is unable to deliver or provide sufficient Facility Energy, Deemed Generated Energy, or Replacement Product to make up the remaining Shortfall Energy, then Seller shall, at the end of the Shortfall Makeup Period, pay Buyer damages in accordance with Section 9.3. Notwithstanding the foregoing, at the end of each RPS Compliance Period during the Delivery Term, if there is any Shortfall Energy at such time, Seller shall pay Buyer damages in accordance with Section 9.3 for the amount of Shortfall Energy in the last calendar year of such RPS Compliance Period.

Replacement Product. In order to avoid or limit any liability for infringement, the Company may, at any time and irrespective of whether it will be obligated to do so by order of any court, at its own expense and option, replace any Product with a non-infringing item providing substantially the same performance.

Replacement Product. Where new Product is purchased as replacement for original Product during the Limited Warranty period, the new Limited Warranty shall apply to the new Product but only for the unexpired portion of the Limited Warranty period relating to the original Product. SOLE WARRANTY. THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER GUARANTEES AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND SHALL NOT BE EXTENDED OR ALTERED EXCEPT BY WRITTEN INSTRUMENT SIGNED BY THE MANUFACTURER AND THE OWNER. THERE ARE NO WARRANTIES OR GUARANTEES WHICH EXTEND BEYOND THE DESCRIPTION SET FORTH IN THIS LIMITED WARRANTY. LIMITATION OF LIABILITY. Obligations under this Limited Warranty are applicable to Products manufactured by the Manufacturer on or after January 1, 2014. THE TOTAL MANUFACTURER OBLIGATION TO THE OWNER FOR THE DURATION OF THIS LIMITED WARRANTY SHALL BE LIMITED TO THE ORIGINAL PURCHASE PRICE FOR THE ELIGIBLE PRODUCTS. IN NO INSTANCE SHALL THE MANUFACTURER BE RESPONSIBLE FOR OTHER DIRECT DAMAGES, OR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OF ANY NATURE OR KIND, ARISING FROM THE USE OF THE PRODUCT, EVEN IF THE MANUFACTURER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL THE MANUFACTURER BE LIABLE FOR DIRECT, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OF ANY NATURE OR KIND, TO THE STRUCTURE OR BUILDING UPON WHICH THE PRODUCT IS INSTALLED OR TO ITS CONTENTS, OR OCCUPANTS. THIS LIMITED WARRANTY DOES NOT COVER ANY DAMAGE TO THE PRODUCTS DIRECTLY OR INDIRECTLY, OR WHOLLY OR PARTIALLY ATTRIBUTABLE TO PROLONGED EXPOSURE TO NATURAL ELEMENTS OR LIGHTNING, FIRE, HURRICANE, TORNADO OR OTHER ACT OF GOD.

Replacement Product. 4.5.1 If the ordered Product has been replaced with a new product with essentially the same characteristics, the Supplier may deliver the replacement product instead of the ordered product.

Replacement Product. CUSTOMER may choose to reallocate a cGMP Batch reservation to an alternative Product, on not less than 6 months’ written notice to NOVASEP prior to the start of that cGMP Batch manufacture. NOVASEP will use its best efforts to accommodate CUSTOMER’S request, at no extra cost to CUSTOMER save any reasonable transfer costs and product-specific fees to be mutually agreed in advance in writing (for example, but without limitation, Product-specific analytical methods).

Replacement Product. SSI will ship a replacement Product or Part to the ship-to location specified by OEM within * * * after issuing the RMA number, and will invoice OEM for the cost of the replacement Product or Part as specified in the then-current price list. Packaging material and a return address label will be included with the replacement Product or Part for OEM’s use in returning the failed Product or Part to SSI. OEM must return the failed Product or Part within * * * from the date of issuance of the RMA number. Upon receipt of the failed Product or Part within such * * * period, SSI will credit OEM for the cost of the replacement Product or Part. If OEM fails to return the failed Product or Part within such * * * period, OEM must pay for the replacement Product or Part.

Replacement Product. Unless Thomson elects to designate a third party manufacturer or to manufacture the Product itself under Section 4.1 below, DPI shall provide to Thomson the opportunity, upon expiration or termination of this Agreement, to purchase such quantities of Products from DPI as Thomson reasonably anticipates may be required to replace defective Products for a period of seven (7) years after expiration of this Agreement.

Replacement Product. In the event that Cardinal Health bears responsibility for the failure of Product, promptly following the rejection of any Product, MedImmune shall deliver sufficient quantities of Primary Product to the MedImmune Facility in order for Cardinal Health to comply with Section 7.3(c) provided that the production and delivery of such additional Primary Product is reasonably feasible, and can reasonably result in the delivery of completed final Product by Cardinal Health in sufficient time for market distribution. All direct costs incurred by MedImmune in connection with acquiring, producing and delivering such quantities of Primary Product shall be the sole responsibility of Cardinal Health, subject to the limitations set forth in Section 6.3(c) and Section 9.2. In accordance with the terms of Sections 6.6 and 6.7, Cardinal Health shall perform Secondary Production to deliver to MedImmune the amount of Product originally ordered for the rejected delivery and shall do so as promptly as technically feasible.