Return of Rejected Product Sample Clauses

Return of Rejected Product. If a shipment or partial shipment is rejected by ARIAD SWISSCO pursuant to the provisions of Section 11.2.1 and (i) where relevant, ARIAD US does not provide an Objection Notice within the [**] period set forth in Section 11.2.2, (ii) the Parties agree that the Product is Non-Conforming within the [**] period set forth in Section 11.2.2, or (iii) there is a determination by the independent laboratory or consultant in support of ARIAD SWISSCO’s allegation of Non-Conformance, ARIAD SWISSCO shall return to ARIAD US at ARIAD US’s request and expense (or, at the election of ARIAD US, destroy at ARIAD US’s cost and provide evidence of such destruction to ARIAD US) any such rejected Product (provided that if the Product has been packaged by or on behalf of ARIAD SWISSCO at the time of rejection, ARIAD SWISSCO shall not be obliged to remove any packaging prior to its return). ARIAD US shall (i) credit the original invoice in respect of the rejected Product and reimburse ARIAD SWISSCO for any duties, freight, insurance, handling or other charges incurred by ARIAD SWISSCO in respect of such rejected Product, and (ii) adjust the invoice to ARIAD SWISSCO for the Product that was not rejected, payment of which is due in accordance with the terms of the original invoice. Except as set forth in ARTICLES 14 and 22, such credit or adjustment shall be ARIAD US’s sole Liability, and ARIAD SWISSCO’s sole remedy, with respect to any rejected Product.
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Return of Rejected Product. In the event Buyer, Buyer's Affiliates, or Buyer's Authorized Agent detects non-conforming Product, a Non-Conforming Material Report (NCMR) and/or a Corrective Action Request (CAR) shall be provided to Seller. Seller has [*] from the return receipt of non-conforming Product to confirm the reason for rejection. Seller must provide a Return Material Authorization (RMA) within [*] after receipt of samples of suspected Product. -------------------------------------------------------------------------------- Iomega WS, Supplier RM Rev. P, July 30, 1997 -- -- Page 8 of 26 -------------------------------------------------------------------------------- If Seller accepts the CAR, the following procedures (the "RMA Procedures") shall apply with respect to the relevant Product: 1. Buyer shall return the discrepant Products to Seller accompanied by the RMA number and send a debit note (invoice) to Seller representing the Prices and quantity of the returned Product; and 2. Buyer may send a Purchase Order to Seller to replace parts at Buyer's discretion; and 3. Seller shall expedite such Purchase Order at Buyer's request by premium transport. Incremental transportation cost shall be absorbed by Seller. Seller shall also conform to the Buyer's closed loop corrective action process.
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Return of Rejected Product. If a delivery or partial delivery is rejected by Horizon pursuant to the provisions of the Quality Agreement and there is a determination pursuant to Section 9.1 of the Quality Agreement that such Supplied Product fails to conform to any warranty set forth in Section 9.1 (Supplied Product Warranty), Horizon shall return to AstraZeneca at AstraZeneca’s request and expense (or, at the election of AstraZeneca, destroy at AstraZeneca’s cost and provide evidence of such destruction to AstraZeneca) any such rejected Supplied Product. AstraZeneca shall (a) credit the original invoice in respect of the rejected Supplied Product, and (b) adjust the invoice to Horizon for any Supplied Product that was not rejected, payment of which is due in accordance with the terms of the original invoice. Except as set forth in Section 12.1 (Indemnification by AstraZeneca), this Section 6.2.3 (Return of Rejected Product) shall be Horizon’s sole remedy if AstraZeneca supplies Horizon Supplied Product that fails to conform to any warranty set forth in Section 9.1 (Supplied Product Warranty).
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Return of Rejected Product. If a shipment or partial shipment is rejected by Sanofi pursuant to the provisions of this Section 5.3 and there is not a determination by the
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Return of Rejected Product. If a shipment or partial shipment is rejected by Partner pursuant to the provisions of this Section 6.2 and there is not a determination by the independent laboratory or consultant in support of Optimer’s Objection Notice in accordance with Section 6.2(d), Partner shall return to Optimer at Optimer’s request and expense (or, at the election of Optimer, destroy at Optimer’s cost and provide evidence of such destruction to Optimer) any such rejected Supplied Product (provided that if the Supplied Product has been packaged by or on behalf of Partner at the time of rejection Partner shall not be obliged to remove any packaging prior to its return). Optimer shall (i) credit the original invoice in respect of the rejected Supplied Product, and (ii) adjust the invoice to Partner for any Supplied Product that was not rejected, payment of which is due in accordance with the terms of the original invoice.
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Return of Rejected Product. If a shipment or partial shipment is rejected by Otsuka pursuant to the provisions of Section 11.5.1 and (i) ARIAD does not provide an Objection Notice within the [***] ([***]) [***] period set forth in Section 11.5.3, (ii) the Parties agree that the Product is Non-Conforming within the [***] ([***]) [***] period set forth in Section 11.5.3, or (iii) there is not a determination by the independent laboratory or consultant in support of ARIAD’s Objection Notice, Otsuka shall return to ARIAD at ARIAD’s request and expense (or, at the election of ARIAD, destroy at ARIAD’s cost and provide evidence of such destruction to ARIAD) any such rejected Product (provided that if the Product has been packaged by or on behalf of Otsuka at the time of rejection, Otsuka shall not be obliged to remove any packaging prior to its return). ARIAD shall (i) credit the original invoice in respect of the rejected Product and reimburse Otsuka for any duties, freight, insurance, handling or other charges incurred by Otsuka in respect of such rejected Product, and (ii) adjust the invoice to Otsuka for the Product that was not rejected, payment of which is due in accordance with the terms of the original invoice. Except as set forth in Article 14 and Section 22.2, such credit or adjustment shall be ARIAD’s sole liability, and Otsuka’s sole remedy, with respect to any rejected Product.
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Return of Rejected Product. All defective and suspect defective Product and Spare Parts will be returned for credit to Seller for failure analysis and corrective action and Seller shall exercise its best effort to ship to Buyer and/or Exabyte replacement Product or Spare Part as soon as possible, yet in any event not later than sixty (60) days from Seller's receipt of such Product or Spare Part. In the event that Seller reasonably determines that such defects and/or failures are the fault of Seller, Seller shall be responsible for all freight charges to return Product to Seller and to ship repaired or replaced Product to Buyer and/or Exabyte. Defects are defined as commodities/parts that do not meet print or Specifications. Failure reports or preliminary analysis shall be due within ten (10) business days after receipt of returned Product by Seller. Each failure analysis report shall determine the root cause and corrective action to be taken.
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Related to Return of Rejected Product

  • AUDIT OF LICENSED PRODUCT USAGE Contractor shall have the right to periodically audit, no more than annually, at Contractor’s expense, use of licensed Product at any site where a copy of the Product resides provided that: (i) Contractor gives Licensee(s) at least thirty (30) days advance written notice, (ii) such audit is conducted during such party’s normal business hours, (iii) the audit is conducted by an independent auditor chosen on mutual agreement of the parties. Contractor shall recommend a minimum of three (3) auditing/accounting firms from which the Licensee will select one (1). In no case shall the Business Software Alliance (BSA), Software Publishers Association (SPA), Software and Industry Information Association (SIIA) or Federation Against Software Theft (FAST) be used directly or indirectly to conduct audits, or be recommended by Contractor; (iv) Contractor and Licensee are each entitled to designate a representative who shall be entitled to participate, and who shall mutually agree on audit format, and simultaneously review all information obtained by the audit. Such representatives also shall be entitled to copies of all reports, data or information obtained from the audit; and (v) if the audit shows that such party is not in compliance, Licensee shall be required to purchase additional licenses or capacities necessary to bring it into compliance and shall pay for the unlicensed capacity at the NYS Net Price in effect at time of audit, or if none, then at the Contractor’s U.S. Commercial list price. Once such additional licenses or capacities are purchased, Licensee shall be deemed to have been in compliance retroactively, and Licensee shall have no further liability of any kind for the unauthorized use of the software.

  • SOURCE CODE ESCROW FOR LICENSED PRODUCT If Source Code or Source Code escrow is offered by either Contractor or Product manufacturer or developer to any other commercial customers, Contractor shall either: (i) provide Licensee with the Source Code for the Product; or (ii) place the Source Code in a third party escrow arrangement with a designated escrow agent who shall be named and identified to the State, and who shall be directed to release the deposited Source Code in accordance with a standard escrow agreement acceptable to the State; or (iii) will certify to the State that the Product manufacturer/developer has named the State, acting by and through the Authorized User, and the Licensee, as a named beneficiary of an established escrow arrangement with its designated escrow agent who shall be named and identified to the State and Licensee, and who shall be directed to release the deposited Source Code in accordance with the terms of escrow. Source Code, as well as any corrections or enhancements to such source code, shall be updated for each new release of the Product in the same manner as provided above and such updating of escrow shall be certified to the State in writing. Contractor shall identify the escrow agent upon commencement of the Contract term and shall certify annually that the escrow remains in effect in compliance with the terms of this clause. The State may release the Source Code to Licensees under this Contract who have licensed Product or obtained services, who may use such copy of the Source Code to maintain the Product.

  • Licensed Product The term “Licensed Product” shall mean any product (a) the manufacture, use, importation, sale or offer for sale of which would, in the absence of the license granted by this Agreement, infringe a Valid Claim of any of the Licensed Patent Rights, or (b) that is comprised of, utilizes or incorporates Licensed Biological Materials, or (c) that is discovered, developed or made using a Licensed Process.

  • Xxxxx Period After payment of the first Dues, the Subscriber is entitled to a grace period of 30 days for the payment of any Dues due. During this grace period, the Agreement will remain in force. However, the Subscriber will be liable for payment of Dues accruing during the period the Agreement continues in force.

  • Limited Product Warranty Repair or Replacement within 12 years

  • Development Milestone Payments (i) In addition to the Closing Date Merger Consideration (less the Remaining Option Consideration and Rights Proceeds Amount, if any) and any Net TNF Sales Payments (as defined below), upon the attainment of the development ** Portions of the Exhibit have been omitted and have been filed separately pursuant to an application for confidential treatment filed with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. milestones set forth below (each, a “Development Milestone”), Parent shall, or shall cause the Surviving Corporation to, [**] after the occurrence of each Development Milestone, deliver to the Paying Agent (for further payment to the holders of Stock Certificates and Stock Agreements outstanding immediately prior to the Effective Time), via wire transfer of immediately available funds, the respective amounts set forth below minus, in each case, the applicable Contingent Consideration Distribution Fee associated therewith and any amount designated by the Stockholders’ Representatives to be placed in the Administrative Expense Account (each, a “Development Milestone Payment” and collectively, the “Development Milestone Payments”): (A) Upon FDA approval of Reslizumab for the treatment of eosinophilic esophagitis, a cash payment of [**]; (B) Upon marketing authorization of Reslizumab for the treatment of eosinophilic esophagitis being granted by the European Commission in accordance with Regulation (EC) No. 726/2004, a cash payment of [**]; (C) If Res 5-0010 Asthma Study Completion has not occurred on or prior to the Closing Date, then upon the occurrence of the Res 5-0010 Asthma Study Completion, a cash payment of $50,000,000 (fifty million dollars) (the “Res 5-0010 Asthma Payment”); (D) Upon FDA approval of Reslizumab for any asthma indication, a cash payment of [**]; (E) Upon marketing authorization of Reslizumab for the treatment of any asthma indication being granted by the European Commission in accordance with Regulation (EC) No. 726/2004, a cash payment of [**]; and (F) Upon FDA approval of an Oral Anti-TNF Product, a cash payment of [**].

  • Return of Products No Products or part shall be returned to Seller without an approved Return Goods Authorization (“RMA”) from Seller. Custom and special order Products are non-returnable. Returns are subject to a restocking fee.

  • Product Returns Client will have the responsibility for handling customer returns of the Products. Patheon will give Client any assistance that Client may reasonably require to handle the returns.

  • Preference for domestically manufactured goods The provisions of paragraphs 2.54 and 2.55 of the Guidelines and Appendix 2 thereto shall apply to goods manufactured in the territory of the Borrower.

  • Milestone Event Milestone Payment [***] [***]

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