Common use of Testing and Acceptance Clause in Contracts

Testing and Acceptance. PathoGenesis shall have a period of [*] from the date of receipt of the shipment of Clinical Test Inhaler(s) to test for quality of the shipment and to accept or reject such shipment. If PathoGenesis determines that any shipment of the Clinical Test Inhalers or portions thereof do not meet the specifications set forth in Exhibit A, PathoGenesis shall notify AeroGen in writing within such [*] period, indicating the date of delivery and the defective nature of the Clinical Test Inhaler(s). AeroGen shall undertake commercially reasonable efforts to correct such defect, and supply PathoGenesis with a replacement shipment of Clinical Test Inhalers acceptable to PathoGenesis, within a reasonable time and in view of the timelines set forth in Exhibit B.