Examples of Catalent Defective Processing in a sentence
A Supply Failure may result from both non-Delivered Product and Delivered Product that is Defective due to Catalent Defective Processing.
If Xxxxxxxx agrees with Client or if the independent Third-Party laboratory determines that the Batch is Defective Product and the cause of the nonconformity is attributable to Catalent Defective Processing, [***].
If the Parties disagree as to whether a Batch is Defective Product or whether the cause of the nonconformity is Catalent Defective Processing, and this disagreement is not resolved within 30 days of the Exception Notice date, then the Parties shall cause a mutually acceptable independent Third-Party laboratory to review records, test data, and perform comparative tests or analyses on samples of the alleged Defective Product and its components, including Client-supplied Materials.
Unless otherwise agreed by the Parties in writing, the costs associated with such testing and review shall be borne by Catalent if Product is Defective Product attributable to Catalent Defective Processing, and by Client in all other circumstances.
Notwithstanding the foregoing, if the cause of the nonconformity is attributable to defective Client-supplied Materials, it shall be deemed not Catalent Defective Processing.
For avoidance of doubt, where the cause of nonconformity cannot be determined or assigned, it shall be deemed not to be Catalent Defective Processing and the failed Batch shall constitute a No-Fault Supply Failure.