Testing and Rejection Sample Clauses

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. 3.5.2 If BI RCV receives a notice from VIDARA pursuant to Section 3.5.1 that VIDARA does not accept any PRODUCT supplied hereunder, then BI RCV shall immediately start retesting the PRODUCT using the retained samples in order to evaluate process issues and other reasons for such non-compliance. 3.5.3 Regardless of whether BI RCV agrees with VIDARA’s rejection of such PRODUCT, if requested in writing by VIDARA, BI RCV shall use reasonable efforts to promptly replace such allegedly defective PRODUCT, the costs of which shall be borne as set forth in Section 3.5.4. 3.5.4 In the event that BI RCV’s re-testing does not verify VIDARA’s reasons for rejecting such PRODUCT and VIDARA is convinced by BI RCV and agrees with BI RCV that VIDARA’s reasons for rejecting such PRODUCT are unjustified, VIDARA shall pay BI RCV reasonable internal and external costs for conducting such re-testing; provided, however, that, if VIDARA is not convinced and does not agree that VIDARA’s reasons for rejecting such PRODUCT are unjustified, the Parties shall mutually agree on an independent laboratory that shall determine by applying validated product-specific analytical methods whether such PRODUCT meets the PRODUCT SPECIFICATIONS. The conclusions of this independent laboratory shall be binding upon both Parties. If such laboratory determines that such PRODUCT does meet the PRODUCT SPECIFICATIONS, then VIDARA shall bear the costs for such independent laboratory and for any replacement PRODUCT manufactured and supplied to VIDARA by BI RCV pursuant to Section 3.5.3. If such laboratory ...
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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. 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.
Sample 1
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). 3.5.2 If BI Austria receives a notice from InterMune pursuant to Section 3.5.1 that InterMune does not accept any DRUG PRODUCT supplied hereunder, then BI Austria shall immediately start re-testing the DRUG PRODUCT using the retained samples in order to evaluate process issues and other reasons for such non-compliance. 3.5.3 Regardless of whether BI Austria agrees with InterMune’s rejection of such DRUG PRODUCT, if requested in writing by InterMune, BI Austria shall use reasonable efforts *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.
Sample 1

Related to Testing and Rejection

  • Evaluation, Testing, and Monitoring 1. The System Agency may review, test, evaluate and monitor Grantee’s Products and services, as well as associated documentation and technical support for compliance with the Accessibility Standards. Review, testing, evaluation and monitoring may be conducted before and after the award of a contract. Testing and monitoring may include user acceptance testing. Neither the review, testing (including acceptance testing), evaluation or monitoring of any Product or service, nor the absence of review, testing, evaluation or monitoring, will result in a waiver of the State’s right to contest the Grantee’s assertion of compliance with the Accessibility Standards. 2. Grantee agrees to cooperate fully and provide the System Agency and its representatives timely access to Products, records, and other items and information needed to conduct such review, evaluation, testing, and monitoring.

  • CUTTING AND PATCHING The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly.

  • Skidding and Yarding Methods of skid- ding or yarding specified for particular areas, if any, are indicated on Sale Area Map. Outside Clearcutting Units and construction clearings, insofar as ground conditions permit, products shall not be skidded against reserve trees or groups of reproduction and tractors shall be equipped with a winch to facilitate skidding. B6.421 Rigging. Insofar as practicable, needed rigging shall be slung on stumps or trees desig- nated for cutting.

  • DRUG AND ALCOHOL TESTING Employees may be tested for drugs and/or alcohol pursuant to the provisions of the Employer's Drug and Alcohol Testing Policy which is attached hereto and made a part of this Agreement as if more fully set forth herein.

  • Musculoskeletal Injury Prevention and Control The hospital in consultation with the Joint Health and Safety Committee (JHSC) shall develop, establish and put into effect, musculoskeletal prevention and control measures, procedures, practices and training for the health and safety of employees.

  • Screening After you sign and date the consent document, you will begin screening. The purpose of the screening is to find out if you meet all of the requirements to take part in the study. Procedures that will be completed during the study (including screening) are described below. If you do not meet the requirements, you will not be able to take part in the study. The study investigator or study staff will explain why. As part of screening, you must complete all of the items listed below: • Give your race, age, gender, and ethnicity • Give your medical history o You must review and confirm the information in your medical history questionnaire • Give your drug, alcohol, and tobacco use history • Give your past and current medication and treatment history. This includes any over-the-counter or prescription drugs, such as vitamins, dietary supplements, or herbal supplements, taken in the past 28 days • Height and weight will be measured • Physical exam will be done • Electrocardiogram (ECG) will be collected. An ECG measures the electrical activity of the heart • You may be tested for COVID-19 o Blood tests for human immunodeficiency virus (HIV), hepatitis B, and hepatitis C o Blood tests to see how your blood clots ▪ Fibrinogen ▪ PT/INR/aPTT o Blood tests for amylase and lipase (enzymes that help with digestion, Part B only) o Blood tests for a lipid (fats) panel (Part B only) ▪ Total cholesterol ▪ Triglycerides ▪ HDL ▪ Direct HDL o Blood tests to check your thyroid function (Part B and Part C only) ▪ TSH ▪ Free T4 o Urine to test for drugs of abuse (illegal and prescription) o Urine tests to check your albumin/ creatinine ratio o Females who have not had a period for at least 12 months in a row will have a blood hormone test to confirm they cannot have children • The study investigator may decide to do an alcohol breath test • The use of proper birth control will be reviewed (males only) • You will be asked “How do you feel?” HIV, hepatitis B, and hepatitis C will be tested at screening. If anyone is exposed to your blood during the study, you will have these tests done again. If you have a positive test, you cannot be in or remain in the study. HIV is the virus that causes acquired immunodeficiency syndrome (AIDS). If your HIV test is positive, you will be told about the results. It may take weeks or months after being infected with HIV for the test to be positive. The HIV test is not always right. Having certain infections or positive test results may have to be reported to the State Department of Health. This includes results for HIV, hepatitis, and other infections. If you have any questions about what information is required to be reported, please ask the study investigator or study staff. Although this testing is meant to be private, complete privacy cannot be guaranteed. For example, it is possible for a court of law to get health or study records without your permission.

  • Work Health and Safety (a) The employer and employee acknowledge their responsibilities under the Work Health and Safety Act 2011 and Work Health and Safety Regulations 2012. (b) Where there is a Work Health and Safety Representative they must be elected and will carry out the tasks associated with the role of Work Health and Safety Representative set out within the Work Health and Safety Act 2011.

  • ARTICLE HEALTH AND SAFETY The Employer and the Union agree that they mutually desire to maintain standards of safety and health in the Home, in order to prevent injury and illness and abide by the Occupational Health and Safety Act as amended from time to time. Scheduled time spent in such meetings is to be considered time worked for which shall be paid by the Employer at his or her regular or overtime rate. Minutes shall be taken of all meetings and copies shall be sent to the Committee members. Minutes of the meetings shall be posted on the workplace health safety bulletin board. The Employer shall provide the time from work with pay and all related tuition costs and expenses necessary to certify the worker representative. Where an inspector makes an inspection of a workplace under the powers conferred upon or her under the Occupational Health and Safety Act, the employer shall afford a certified committee member representing workers the opportunity to accompany the inspector during his or her physical inspection of a workplace, or any part or parts thereof. Where a worker certified member is not on-site and available, the Employer shall afford a worker health and safety representative if any, or a worker selected by a Union, because of knowledge, experience and training, to represent it, the opportunity to accompany the inspector during his or her physical inspection of a workplace, or any part or parts thereof. Two (2) representatives of the Joint Health and Safety Committee, one (I) from management and one (1) from the employees, shall make monthly inspections of the work place and shall report to the health and safety committee the results of their inspection. The members of the Committee who represent the workers shall designate a member representing workers to inspect the workplace. Where possible that member shall be a certified member. The employer shall provide the member with such information and assistance as the member may require for the purpose of carrying out an inspection of the workplace. In the event of accident or injury, such representatives shall be notified immediately and shall investigate and report as soon as possible to the committee and to the Employer on the nature and causes of the accident or injury. Furthermore, such representatives must be notified of the inspection of a government inspector and shall have the right to accompany him on his inspections. Scheduled time spent in all such activities shall be considered as time worked. The Joint Health and Safety Committee and the representatives thereof shall have access to the annual summary of data from the relating to the number of work accident fatalities, the number of lost workday cases, the number of lost workdays, the number of non-fatal cases that required medical aid without lost workdays, the incidence of occupational injuries, and such other data as the may decide to disclose. It is and agreed that no information will be provided to the Committee which is confidential. This information shall be a standing item recorded in the minutes of each meeting. The Union will use its best efforts to obtain the full co-operation of its membership in the compliance of all safety rules and practices. The Employer will use its best efforts to make all affected direct care employees aware of residents who have serious infectious diseases. The nature of the disease need not be disclosed. Employees will be made aware of special procedures required of them to deal with these circumstances. The parties agree that all employees are aware of the requirement to practice universal precautions in all circumstances. The parties further agree that suitable subjects for discussion at the joint Labour Management Committee will include aggressive residents. The Employer will review with the Joint Occupational Health and Safety Committee written policies to 'address the management of violent behaviour. Such policies will include but not be limited to:

  • Polygraph Tests The Employer agrees that polygraph or similar lie detector tests will not be used.

  • Training and Orientation (a) No employee shall be required to work on any job or operate any piece of equipment until he/she has received proper training and instruction. (b) The Employer shall provide sufficient and adequate training and/or orientation to any employee working in a new or unfamiliar work area or position.

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