Brand Product definition
Examples of Brand Product in a sentence
The Leader Brand Product Rebate shall be calculated by Cardinal Health for each full calendar quarter the Agreement is in effect and shall be provided by Cardinal Health to Buyer, if applicable, within [***] days after the end of the applicable quarter in the form of a credit memorandum to be used by Buyer towards future purchases of Merchandise under the Agreement.
If Buyer's aggregate Net Purchases of Leader Brand products by all Pharmacy locations equals at least [***] during a given calendar quarter, Cardinal Health shall pay Buyer a rebate (the "Leader Brand Product Rebate") based on Buyer's aggregate Net Purchases of Leader Brand products during the applicable calendar quarter by all Pharmacy locations.
Prior to including any statement or claim with respect to the efficacy or health benefit of any GNC Brand Product in any advertising or promotional material, Rite Aid shall submit the text thereof to GNC for its approval.
Each shipment of Brand Product will not, on the date of shipment or delivery by Endo/Teikoku, be adulterated, misbranded or otherwise prohibited under the laws set forth in Section b above, as amended and in effect at the time of shipment or delivery of such Brand Product.
Each shipment of Brand Product delivered pursuant to this Agreement may, as of the date of delivery, be introduced or delivered into interstate commerce pursuant to applicable Federal, state and local laws, including applicable provisions of the Federal Food, Drug and Cosmetic Act, Sections 351 and 361 of the Federal Public Health Service Act, 42 U.S.C.A. §§ 262 and 264, and their implementing regulations, each as amended and in effect at the time of shipment or delivery of such Brand Products.
GNC shall indemnify and hold harmless Rite Aid, its affiliates and their respective officers, directors and employees against any and all claims arising out of or resulting from any breach or default by GNC or its affiliates in connection with this Agreement and from the failure to meet the-quality, purity or labelling of any GNC Brand Product or arising out of or resulting from advertising by GNC of any GNC Brand Product by GNC or its affiliates.
In the event that ▇▇▇▇▇▇/▇▇▇▇▇▇’▇ Wholesaler Affiliate is notified by any Third Party of an Adverse Event (as defined below) concerning Brand Product, ▇▇▇▇▇▇/▇▇▇▇▇▇’▇ Wholesaler Affiliate shall immediately provide to such party the Adverse Event reporting phone number listed on the Brand Product package or insert.
In the event ▇▇▇▇▇▇’▇ Wholesaler Affiliate notifies Endo of any such denial, revocation, suspension or change, Endo shall have the right in its sole and absolute discretion, upon written notice to ▇▇▇▇▇▇, to terminate or suspend shipments of Brand Product until such time as such license or registration is restored, or until ▇▇▇▇▇▇ has made an alternative designation permitted above.
With respect to non-conformities of Brand Product that by their nature are not discoverable upon a reasonable visual inspection (“Hidden Defects”), the parties agree that: (i) ▇▇▇▇▇▇’▇ Wholesaler Affiliate shall notify Endo promptly upon learning of or discovering a Hidden Defect; and (ii) the Parties shall promptly discuss the situation and agree on a reasonable and appropriate resolution under the circumstances.
Unless ▇▇▇▇▇▇’▇ Wholesaler Affiliate receives Endo’s prior written consent to the contrary, ▇▇▇▇▇▇’▇ Wholesaler Affiliate shall (i) accept delivery of all Brand Product and (ii) accept the entire shipment from the carrier as delivered, and (iii) not reject or refuse any part of the shipment from the carrier for any reason.