Common use of Voluntary Product Recalls Clause in Contracts

Voluntary Product Recalls. If either Party believes that a voluntary recall or market withdrawal of a Product is necessary, such Party shall notify the other Party within forty-eight (48) hours of its determination and if the Product Party so determines both Parties shall cooperate to allow such recall or market withdrawal to occur under the direction of the Product Party (as set forth in Section 3.9). In the event of a dispute about whether to recall a Product, the Product Party shall have the final authority with respect to such matters, which authority shall be exercised reasonably and in good faith and subject to Section 3.9.

Appears in 2 contracts

Samples: Co Promotion Agreement (Acelrx Pharmaceuticals Inc), Co Promotion Agreement (Tetraphase Pharmaceuticals Inc)

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Voluntary Product Recalls. If either Party believes that a voluntary recall or market withdrawal of a the Product is necessary, such Party shall notify the other Party within forty-eight (48) hours of its determination and if the Product Party so determines both Parties shall cooperate to allow such recall or market withdrawal to occur under the direction of the Product Party Wyeth-Ayerst (as set forth in Section 3.97.3(b)). In the event of a dispute about whether to recall a Product, the Product Party shall Wyeth-Ayerst shall, after consultation with Aviron, have the final authority with respect to such matters, which authority shall be exercised reasonably and in good faith and subject to Section 3.97.3(b).

Appears in 1 contract

Samples: Certain (Aviron)

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Voluntary Product Recalls. If either Party believes that a voluntary recall or market withdrawal of a Product is necessary, such Party shall notify the other Party within forty-eight (48) 48 hours of its determination and if the Product Party AcelRx so determines both Parties shall cooperate to allow such recall or market withdrawal to occur under the direction of the Product Party AcelRx (as set forth in Section 3.93.8). In the event of a dispute about whether to recall a Product, the Product Party AcelRx shall have the final authority with respect to such matters, which authority shall be exercised reasonably and in good faith and subject to Section 3.93.8.

Appears in 1 contract

Samples: Promotion Agreement (Acelrx Pharmaceuticals Inc)

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