Testing and Rejection Sample Clauses

Testing and Rejection. 4.7.1 HORIZON shall as soon as reasonable practicable and in any case within […***…] (solely with respect to OBVIOUS DEFECTS that are readily apparent upon visual inspection) or […***…] (for all other OBVIOUS DEFECTS), from the date of physical receipt of DELIVERED MATERIAL delivered to HORIZON hereunder, reject such delivery (in whole or in part) in the event that it is Non-CONFORMING due to an OBVIOUS DEFECT by written notice thereof to BI, indicating the relevant BATCH description and HORIZON’s reasons for rejection. If HORIZON fails to notify BI within said […***…] time period, HORIZON shall be deemed to have accepted such delivery and HORIZON shall not be entitled to any remedies for such OBVIOUS DEFECTS under this AGREEMENT, including but not limited to this Section 4.7 and 11. Notwithstanding the foregoing, HORIZON shall have the right to revoke its acceptance of such DELIVERED MATERIAL if it later discovers LATENT DEFECTS not reasonably discoverable at the time of receipt, and retains all rights and remedies hereunder with respect to such LATENT DEFECTS, subject to the time limitations set forth in Section 4.7.3.
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Testing and Rejection. Promptly following receipt of Product or any sample thereof, COMPANY may carry out any of the tests outlined or referred to in the Specifications. Subject to Section 5.2, if such tests show that the Product fails to meet Specification, COMPANY shall give EirGenix written notice thereof within [***] from the date of Delivery and shall return such Product to EirGenix’s premises, at [***], for further testing. In the absence of such written notice, Product shall be deemed to have been accepted by COMPANY as meeting Specification. Subject to Section 5.2, if COMPANY has reasonably demonstrated to EirGenix that Product returned to EirGenix fails to meet Specification and that such failure is not due (in whole or in part) to acts or omissions of COMPANY or any third party after Delivery, EirGenix shall, in EirGenix’s discretion, (a) [***] or (b) [***]. In the event that EirGenix will [***] such Product, EirGenix shall notify COMPANY and use reasonable endeavors, including without limitation, expedient transportation, to do so with the minimum delay having regard to its commitments to third parties in the timing of such replacement.
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Testing and Rejection. 3.5.1 Within *** business days of its receipt of PRODUCT at such destination as may be designated by VIDARA, VIDARA may perform such tests and samplings as are *** Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the Commission. appropriate to determine whether such PRODUCT meets the applicable PRODUCT SPECIFICATIONS. If VIDARA refuses acceptance of PRODUCT, then VIDARA shall inform BI RCV in writing within *** further business days of any aspect in which such PRODUCT fails to conform to the PRODUCT SPECIFICATIONS. If BI RCV does not receive such a notice within *** business days of VIDARA’s receipt of such PRODUCT, then VIDARA shall be deemed to have accepted the PRODUCT; provided that VIDARA shall have the right to revoke its acceptance of such goods if it later discovers latent defects not reasonably discoverable at the time of receipt.
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Testing and Rejection. 3.5.1 Within [***] business days of its receipt of DRUG PRODUCT at such destination as may be designated by InterMune, InterMune may perform such tests and samplings as are appropriate to determine whether such DRUG PRODUCT meets the applicable DRUG PRODUCT SPECIFICATIONS. If InterMune refuses acceptance of DRUG PRODUCT, then InterMune shall inform BI Austria in writing within [***] further business days of any aspect in which such DRUG PRODUCT fails to conform to the DRUG PRODUCT SPECIFICATIONS. If BI Austria does not receive such a notice within [***] business days of InterMune’s receipt of such DRUG PRODUCT, then InterMune shall be deemed to have accepted the DRUG PRODUCT; provided that InterMune shall have the right to revoke its acceptance of such goods if it later discovers latent defects. A latent defect is a deviation which constitutes a breach of one or more of BI Austria’s warranties pursuant to Sec. 9.2.1 through 9.2.5 of this Agreement, which was not reasonably discoverable at the time of receipt and the cause of which is assignable solely to BI Austria (or BI Pharma).
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Testing and Rejection. For each Batch, APC shall release the batch to Revance and provide Revance with a Certificate of Analysis and a Certificate of Compliance, Revance may, upon reasonable notice, come to APC to review production and testing documentation, raw testing data, all deviations/investigations associated with the batch, and other information as agreed by the parties. Promptly following receipt of Product or any sample thereof, Revance Quality Assurance shall review the Certificate of Analysis and Certificate of Conformance and test such product itself, and shall determine a) whether the Batch was produced in compliance with applicable laws and rules and regulations, including cGMP, and b) whether the Batch meets Specifications. Revance shall only be obligated to take delivery of Batches that Revance Quality Assurance has confirmed were produced in compliance with cGMP and meet Specifications. If such analysis by Revance shows that the Product fails to meet Specifications or cGMP (“Defective Product”), Revance shall give APC written notice thereof within forty-five (45) days from the date of receipt of such Product and shall return such Product to APC’s premises, at APC’s expense, for further testing. In the absence of such written notice, Product shall be deemed to have been accepted by Revance as meeting Specifications. If Revance has reasonably demonstrated to APC that Product returned to APC fails to meet Specifications or cGMP and that such failure is not due (in whole or in part) to acts or omissions of Revance or any Third Party after Delivery, APC shall, at Revance’s discretion, refund that part of the purchase price that relates to the production of such Product or replace such Product at its own cost and expense. Revance shall have no obligation to pay for any Product that is subject to a good faith claim of non-compliance or defect made pursuant to this Section. In the event Revance determines that APC will replace such Product, APC shall notify Revance and use all reasonable endeavors to do so with the minimum delay having regard to its commitments to Third Parties in the timing of such replacement.
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Related to Testing and Rejection

  • Acceptance and Rejection Jubilant shall be entitled to reject any shipment of Products that fails to conform to the Product Specifications or Packaging Specifications at the time of delivery to Jubilant. Jubilant shall notify Cadista of such rejection within thirty (30) days after delivery of such Products shipment to Jubilant, and shall set forth in such notification the basis under this Agreement for such rejection, including any testing or inspection results, provided, however, that in the event any such non-conformity is latent or was not obvious and could not be readily discovered from a physical inspection of the Products shipment, Jubilant may give written notice to Cadista of its rejection of such shipment within thirty (30) days after Jubilant's discovery of such non-conformance. Failure to so notify Cadista, or failure to identify the basis under this Agreement for rejection of any Product, shall constitute acceptance of such Product, except to the extent the Product fails to conform to the Product Specifications or Packaging Specifications as the case may be. After such failure to notify, Jubilant shall be obligated to make payment for such Product in accordance with pricing provisions of this Agreement. If the parties disagree as to whether any Product meets the Product Specifications or Packaging Specifications and the parties are unable to negotiate a commercially reasonable resolution, then samples and/or batch records, as appropriate, from the disputed shipment shall promptly be submitted for testing and evaluation to an independent Third Party as shall be agreed to in writing by both parties. The determination of such Third Party as to whether the disputed Product shipment meets the Product Specifications or Packaging Specifications shall be final and binding. The cost of the testing and evaluation by the independent third party shall be borne by the party whose position is found to be erroneous. If, pursuant to this Section 3.2, any Products are found not to conform to the Product Specifications or Packaging Specifications, as a result of a cause occurring prior to placement thereof with the carrier (and not arising as a result of the Materials being defective or failing to meet their respective specifications), at Cadista’s option, Jubilant shall either (i) deliver such non-conforming Products to Cadista or (ii) destroy such non-conforming Products in accordance with applicable laws, rules and regulations. Cadista shall reimburse Jubilant for all reasonable costs and expenses in connection such delivery or destruction, and, at Cadista’s option and as Jubilant’s exclusive remedy, Cadista shall either: (i) credit Jubilant for the amount paid or payable by Jubilant to Cadista for such rejected Product shipment (and reimburse Jubilant for the Material of such rejected batch at Jubilant’s cost for such Materials), or (ii) replace such rejected Product shipment (with Cadista paying Jubilant for all Materials or such replacement shipment in an amount equal to Jubilant’s cost), at no additional cost to Jubilant, as promptly as reasonably practicable, but in no event later than forty-five (45) days from receipt of notice of non-conformity of such shipment from Jubilant. Jubilant shall notify Cadista in writing of any claim relating to quantitative deficiencies in any shipment of Product that Jubilant considers to have been caused prior to shipment hereunder within thirty (30) days following receipt of any such shipment. Any claim for a quantitative deficiency which is not made within such thirty (30) days shall be deemed to have been waived by Jubilant and Jubilant shall be obligated to make payment for such Product in accordance with Section 5 of this Agreement. In the event Jubilant determines there is a quantitative deficiency from the applicable shipping documentation, the parties shall investigate such deficiency and, if the parties agree that such deficiency occurred prior to shipment, Cadista shall, at Jubilant’s option and as Jubilant’s exclusive remedy for such quantitative deficiency, (a) credit Jubilant for the amount paid by Jubilant to Cadista in excess of the aggregate price for actual quantities shipped; or (b) subject to Cadista having Product on hand at the time of request by Jubilant, rectify any such deficiency by promptly shipping the appropriate quantities of any relevant Product to Jubilant, but in no event later than fifteen (15) calendar days following the occurrence of such a deficiency, in which case Jubilant shall be obligated to pay for any such quantities pursuant to Section 5 of this Agreement.

  • Money Market Fund Compliance Testing and Reporting Services Subject to the authorization and direction of the Trust and, in each case where appropriate, the review and comment by the Trust’s independent accountants and legal counsel, and in accordance with procedures that may be established from time to time between the Trust and the Administrator, the Administrator will:

  • Monitoring and Reporting Monitoring shareholder transactions and identifying and reporting suspicious activities that are required to be so identified and reported, including suspicious activity reports or Form 8300 reports, and provide other reports of shareholder activity to the Securities and Exchange Commission, the U.S. Treasury Department, the Internal Revenue Service, and other appropriate authorities, in each case consistent with the Unified AML Program.

  • MARKETING AND REPRESENTATIONS 8.1 The Fund or its underwriter shall periodically furnish Insurance Company with the following documents, in quantities as Insurance Company may reasonably request:

  • Quality Service Standards Price Services and the Fund may from time to time agree to certain quality service standards, as well as incentives and penalties with respect to Price Services’ Services hereunder.

  • Quality Assurance Licensee agrees that all use of the Licensed Subject Matter shall be only upon the Products manufactured by or for Licensee in accordance with quality standards approved by Licensor prior to the commencement of manufacturing of the Products. Licensee shall submit for Licensor's sole and absolute approval the type of cereal, the name of cereal, the packaging design, advertising material, and all other materials to be used in connection with the Products subject to the sole and absolute approval of Licensor which shall not be unreasonably delayed or withheld.

  • Testing Landlord shall have the right to conduct annual tests of the Premises to determine whether any contamination of the Premises or the Project has occurred as a result of Tenant’s use. Tenant shall be required to pay the cost of such annual test of the Premises; provided, however, that if Tenant conducts its own tests of the Premises using third party contractors and test procedures acceptable to Landlord which tests are certified to Landlord, Landlord shall accept such tests in lieu of the annual tests to be paid for by Tenant. In addition, at any time, and from time to time, prior to the expiration or earlier termination of the Term, Landlord shall have the right to conduct appropriate tests of the Premises and the Project to determine if contamination has occurred as a result of Tenant’s use of the Premises. In connection with such testing, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such non-proprietary information concerning the use of Hazardous Materials in or about the Premises by Tenant or any Tenant Party. If contamination has occurred for which Tenant is liable under this Section 30, Tenant shall pay all costs to conduct such tests. If no such contamination is found, Landlord shall pay the costs of such tests (which shall not constitute an Operating Expense). Landlord shall provide Tenant with a copy of all third party, non-confidential reports and tests of the Premises made by or on behalf of Landlord during the Term without representation or warranty and subject to a confidentiality agreement. Tenant shall, at its sole cost and expense, promptly and satisfactorily remediate any environmental conditions identified by such testing in accordance with all Environmental Requirements. Landlord’s receipt of or satisfaction with any environmental assessment in no way waives any rights which Landlord may have against Tenant.

  • Inspection and Testing 7.5.1 Meters, data acquisition, and related protection equipment at Generator's Interconnection Point shall be tested at least biennially by Generator in accordance with the provisions for meter testing as established in American National Standard Institute Code for Electricity Metering (ANSI) Standard C12.16 for Solid State Electricity Meters, as the same may be updated from time to time. Representatives of each Party shall be afforded an opportunity to witness such tests.

  • Quality Specifications SANMINA-SCI shall comply with the quality specifications set forth in its Quality Manual, incorporated by reference herein, a copy of which is available from SANMINA-SCI upon request.

  • Validation To validate the notice requirements outlined in Section 5.3, the Assuming Institution shall provide the Receiver (i) an Affidavit of Publication to meet the publication requirements outlined in Section 5.3(a) and (ii) the Assuming Institution will prepare an Affidavit of Mailing in a form substantially similar to Exhibit 2.3B after mailing the seven (7) day Notice to Depositors as required under Section 5.3(b).

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