Replacement Shipments. Carrier acknowledges that Shipper may utilize other carriers to facilitate the movement of delayed shipments, or to ship replacement commodities. Shipper agrees that Carrier shall first be afforded a reasonable opportunity to complete the movement in a timely manner. In the event Carrier is unable to facilitate the movement, Carrier shall be responsible for reasonable and necessary expenses incurred by Shipper for arranging alternative service to facilitate movement of the shipment.
Replacement Shipments. In the event of any Recall or Seizure with respect to the Product, Supplier shall, unless otherwise directed by Customer, as soon as reasonably possible, supply replacement Product to Customer in an amount sufficient to replace the amount of Product Recalled or Seized.
Replacement Shipments. In the event of any Recall or Seizure with respect to the Product during the Term of this Agreement, Supplier shall, upon the written request of Customer, as soon as reasonably possible, supply replacement Product to Customer in an amount sufficient to replace the amount of Product Recalled or Seized, at the applicable then current Fees for Product under this Agreement. If Customer makes such written request, Customer shall issue a Purchase Order in this regard which Supplier is obliged to accept. Supplier agrees to use commercially reasonable efforts to supply such replacement Product pursuant to the new Purchase Order as soon as possible (but in no event other than in accordance with the [***] lead time required pursuant to Section 6.1); provided, however, if the Recall or Seizure is caused by [***].
Replacement Shipments. In the event of a recall or withdrawal of Product, and upon Enzon's request, Inex shall use Commercially Reasonable Efforts to deliver replacement Product as soon as reasonably possible.
Replacement Shipments. Subject to the terms and conditions of this Agreement, including Section 2.9 below, as soon as commercially practicable but no later than sixty (60) days of receiving a Statement of Non-Compliance in accordance with the foregoing, whether or not TWTI accepts ACLA's basis for rejection, TWTI shall provide replacements for the shipment of Cleavage Enzyme subject to such Statement of Non-Compliance and deliver, at TWTI's expense, to ACLA a replacement shipment with an accompanying Quality Assurance Certificate for each of such replacement shipment of Cleavage Enzyme. Within thirty (30) days of receiving a shipment of Cleavage Enzyme and accompanying Quality Assurance Certificate, ACLA shall inform TWTI pursuant to Section 2.9, that said shipment either conforms to Specifications by delivering to TWTI an Acceptance Certificate or does not conform to such Specifications by delivering to TWTI a Statement of Non-Compliance. If ACLA does not deliver an Acceptance Certificate, and does not deliver a Statement of Non-Compliance, to TWTI within such thirty (30) day time period, the shipment shall be deemed to be conforming and accepted by ACLA. Additionally, ACLA shall cooperate with TWTI in determining whether issuance of a Statement of Non-Compliance was necessary or justified, and any dispute with respect thereto shall be resolved in accordance with Section 2.9.
Replacement Shipments. In the event of any Recall or Seizure with respect to the Product during the Term of this agreement, Supplier shall, upon the written request of Customer, as soon as reasonably possible, supply replacement Product to Customer in an amount sufficient to replace the amount of Product Recalled or Seized, at the applicable then current Fees for Product under this Agreement. If Customer makes such written request, Customer shall issue a Purchase Order in this regard which Supplier is obliged to accept. Supplier agrees to use commercially reasonable efforts to supply such replacement Product pursuant to the new Purchase Order as soon as possible. THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [* * *] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
Replacement Shipments. In the event of any Recall or Seizure with respect to the Product during the Term of this agreement, Supplier shall, upon the written request of Customer, as soon as reasonably possible, supply replacement Product to Customer in an amount sufficient to replace the amount of Product Recalled or Seized, at the applicable then current Fees for Product under this Agreement. If Customer makes such written request, Customer shall issue a Purchase Order in this regard which Supplier is obliged to accept. Supplier agrees to use commercially reasonable efforts to supply such replacement Product pursuant to the new Purchase Order as soon as possible.
Replacement Shipments. Carrier acknowledges that DY LOGISTICS LLC may utilize other carriers to facilitate the movement of delayed shipments, or to ship replacement goods. If Carrier fails to make timely delivery of any shipment, Carrier shall be responsible for reasonable and necessary costs, charges, fees and expenses resulting from such delay.
