Test Result Dispute Sample Clauses
A Test Result Dispute clause establishes the process for challenging or questioning the outcome of a test or assessment specified in an agreement. Typically, this clause outlines the steps a party must take to formally dispute a test result, such as providing written notice within a certain timeframe and possibly engaging a neutral third-party expert to review the results. Its core function is to provide a fair and orderly mechanism for resolving disagreements over test outcomes, thereby reducing the risk of prolonged conflict and ensuring both parties have recourse if they believe a test result is inaccurate or unfair.
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Test Result Dispute. In the event that a dispute arises between TransMedics and Fresenius in the testing performed by Fresenius for the PRODUCTS, the resolution will proceed in stages. The first stage requires direct communication between analysts from both parties to determine that the methods of analysis are the same and are being executed in the same manner at both sites. Second, carefully controlled and split samples should be sent from one site to another in an attempt to reach agreement. Should there be a failure to achieve resolution, analysts from both parties will be required to meet to work through the analysis of a mutually agreeable sample. If these actions fail to achieve resolution, and only after these avenues have been exhausted, a qualified referee laboratory will be used to achieve resolution. This laboratory must be agreeable to both parties prior to use. The results from this referee laboratory will be used as final authority to determine responsibilities, but whatever the outcome, TransMedics retains the right to determine product release status. Financial liability will be determined according to the DEVELOPMENT AND SUPPLY AGREEMENT. In the event that an independent third party laboratory must be retained to settle dispute between the Parties with respect to the conformity or non-conformity of a Product, Fresenius will be responsible for the technology transfer to such laboratory, and will confirm that the technology transfer had been successful and that the laboratory was capable of reproducing Fresenius laboratory results. Fresenius and TransMedics must agree that the laboratory was in compliance with cGMP.
Test Result Dispute. 9.2.1 In the event that a dispute arises between C*P and ORPHAN in the testing performed by C*P for the PRODUCTS, the resolution will proceed in stages. The first stage requires direct communication between analysts from both parties to determine that the methods of analysis are the same and are being executed in the same manner at both sites. Second, carefully controlled and split samples should be sent from one site to another in an attempt to reach agreement. Should there be a failure to achieve resolution, analysts from both parties will be required to meet to work through the analysis of a mutually agreeable sample. If these actions fail to achieve resolution, and only after these avenues have been exhausted, a qualified referee laboratory will be used to achieve resolution. This laboratory must be agreeable to both parties prior to use. The results from this referee laboratory will be used as final authority to determine responsibilities, but whatever the outcome, ORPHAN retains the right to determine product release status. Financial liability is determined in the Definitive Agreement.
Test Result Dispute. In the event that a dispute arises between CATALENT and INTERMUNE in the testing performed by CATALENT for the PRODUCT, the resolution will proceed in stages. The first stage requires direct communication between Quality representatives from both Parties to determine that the methods of analysis are the same and are being executed in the same manner at both sites. Second, carefully controlled and split samples according to a mutually agreed upon plan should be sent from one site to another in an attempt to reach agreement. Should there be a failure to achieve resolution, analysts from both parties will be required to meet to work through the analysis of a mutually agreeable sample. If these actions fail to achieve resolution, and only after these avenues have been exhausted, a qualified referee laboratory will be used to achieve resolution. This laboratory must be agreeable to both parties prior to use. The results from this referee laboratory will be used as final authority to determine responsibilities, but whatever the outcome, INTERMUNE retains the right to determine Product release status.
Test Result Dispute. Notwithstanding the requirements outlined in the MSA, in the event that a dispute arises between PYRAMID and XERIS in the testing performed by PYRAMID for the Product, the resolution ▇▇▇▇ proceed in stages. The first stage requires direct communication between Quality units from both Parties (Appendix 2) to determine that the methods of analysis are the same and are being executed in the same manner at the applicable sites. Second, carefully controlled and split samples should be sent from one site to another in an attempt to reach agreement. Should there be a failure to achieve resolution, Quality management from the Parties will be required to meet to work through the analysis of a mutually agreeable sample. If these actions fail to achieve resolution a qualified referee laboratory will be used to analyze the samples. This laboratory must be agreeable to both Parties prior to use. The results from this referee laboratory will be used as final authority to determine conformity or nonconformity and the responsibilities therefore if non-conforming. Financial liability is determined in the Master Services Agreement.
Test Result Dispute. 7.2.1 In the event that a dispute arises between SCHERING and IDEC in the testing performed by SCHERING for the PRODUCTS, the resolution will proceed in stages. The first stage requires direct communication between analysts from both parties to determine that the methods of analysis are the same and are being executed in the same manner at both sites. Second, carefully controlled and split samples should be sent from one site to another in an attempt to reach agreement. Should there be a failure to achieve resolution, analysts from both parties will be required to meet to work through the analysis of a mutually agreeable sample. If these actions fail to achieve resolution, and only after these avenues have been exhausted, a qualified referee laboratory will be used to achieve resolution. This laboratory must be agreeable to both parties prior to use. The results from this referee laboratory will be used as final authority to determine responsibilities. Quality Agreement 9 June 1999 11
7.2.2 In the event that the heads of Quality are unable to resolve the dispute within thirty days, the Parties shall select an independent testing laboratory acceptable to both parties to perform an analysis of nonconformity and render a decision on the responsible party. The decision of such independent testing laboratory shall be final and binding on the Parties. In the event the independent testing laboratory determines the dispute in SCHERlNG’s favor, the costs of the testing laboratory will be borne by IDEC. In the event that the independent testing laboratory determines the dispute in IDEC’s favor, the costs of the testing laboratory will be borne by SCHERING.
Test Result Dispute. 9.2.1 In the event that a dispute arises between ▇▇▇▇▇▇ and Halozyme in the testing performed by ▇▇▇▇▇▇ for the Product, the resolution will proceed in stages. The first stage requires direct communication between Quality management from both parties to determine that the methods of analysis are the same and are being executed in the same manner at the applicable sites. Second, carefully controlled and split samples should be sent from one site to another in an attempt to reach agreement. Should there be a failure to achieve resolution; QC Management from the parties will be required to meet to work through the analysis of a mutually agreeable sample. If these actions fail to achieve resolution, and only after these avenues have been exhausted, a qualified referee laboratory will be used to achieve resolution. This laboratory must be agreeable to both parties prior to use. The results from this referee laboratory will be used as final authority to determine responsibilities, but whatever the outcome, Halozyme retains the right to determine product release status.
Test Result Dispute. 8.2.1 In the event that a testing result dispute arises between CHIRON and SYNCO in the testing performed for the product, the resolution will proceed in stages.
8.2.1.1 The first stage requires direct communication between QC Management from both parties to identify the appropriate contacts, who will then determine that the methods of analysis are the same and are being executed in the same manner at both sites.
8.2.1.2 Second, if the investigation dictates, carefully controlled and split samples should be sent from one site to another in an attempt to reach agreement.
8.2.1.3 Should there be a failure to achieve resolution, analysts from both parties may be required to work side by side through the analysis of a mutually agreeable sample.
8.2.1.4 If these actions fail to achieve resolution the issue would go to the TCM for resolution