Common use of Resolution of Conflict Clause in Contracts

Resolution of Conflict. In the event of a conflict between the test results of DPT and the test results of COMPANY with respect to any shipment of Product batch, a sample of such Product batch shall be submitted by DPT to an independent laboratory or recognized industry expert acceptable to both parties for testing against the Specifications utilizing the methods set out in the Specifications. The fees and expenses of such laboratory testing shall be borne entirely by the party against whom such laboratory’s findings are made. If results from the independent laboratory are inconclusive, final resolution will be settled in accordance with paragraph 12.6 (b) below.

Appears in 4 contracts

Samples: Manufacturing Agreement (Insys Therapeutics, Inc.), Manufacturing Agreement (Insys Therapeutics, Inc.), Manufacturing Agreement (Insys Therapeutics, Inc.)

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Resolution of Conflict. In the event of a conflict between the test results of DPT and the test results of COMPANY with respect to any shipment of Product batch, a sample of such Product batch shall be submitted by DPT to an independent laboratory or recognized industry expert acceptable to both parties for testing against the Specifications utilizing the methods set out in the Specifications. The fees and expenses of such laboratory testing shall be borne entirely by the party against whom such laboratory’s findings are made. If results from the independent laboratory are inconclusive, final resolution will be settled in accordance with paragraph 12.6 (b) below.

Appears in 1 contract

Samples: Manufacturing Agreement (Anacor Pharmaceuticals, Inc.)

Resolution of Conflict. In the event of a conflict between the test results of DPT and the test results of COMPANY SERENITY with respect to any shipment of Product batch, a sample of such Product batch shall be submitted by DPT to an independent laboratory or recognized industry expert acceptable to both parties Parties for testing against the Specifications utilizing the methods set out in the SpecificationsSpecifications and/or Quality Agreement. The fees and expenses of such laboratory testing shall be borne entirely by the party Party against whom such laboratory’s 's findings are made. If results from the independent laboratory are inconclusive, final resolution will be settled in accordance with paragraph 12.6 13.6 (b) below.

Appears in 1 contract

Samples: Manufacturing Agreement (Avadel Pharmaceuticals PLC)

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Resolution of Conflict. In the event of a conflict between the test results of DPT and the test results of COMPANY with respect to any shipment of Product batch, a sample of such Product batch shall be submitted by DPT to an independent laboratory or recognized industry expert acceptable to both parties for testing against the Specifications utilizing the methods set out in the Specifications. The fees and expenses of such laboratory testing shall be borne entirely by the party against whom such laboratory’s findings are made. If results from the independent laboratory are inconclusive, final resolution will be settled in accordance with paragraph 12.6 13.6 (b) below.

Appears in 1 contract

Samples: Agreement (Barrier Therapeutics Inc)

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