Non-Conforming Product definition
Examples of Non-Conforming Product in a sentence
Provider shall, at Company’s sole option and discretion, (a) deliver such Batch of Non-Conforming Product to Company, and/or destroy such Batch of Non-Conforming Product, and (b) produce a new Batch of Product as soon as reasonably possible (subject to the Collaboration Partners providing the required Company Materials).
If a Batch fails to conform to [***] (“Non-Conforming Product”) then Provider shall notify Collaboration Partners as soon as reasonably practicable after such Non-Conforming Product is identified, and in any event, within the time set forth in the Quality Agreement, in which case Provider and Company shall comply with their respective obligations under Section 6.6 (Root Cause Analysis).
Notwithstanding the foregoing, this Section will not be applicable to non-conforming Batches of Product, which are covered under Section 6.7 (Disputes Regarding Conformity), and Section 6.8 (Product Disposition for Non-Conforming Product).
Where (i) there is Non-Conforming Product under Section 6.3 (Batch Failure), (ii) it is agreed between the Parties pursuant to Section 6.7 (Disputes Regarding Conformity) or (iii) it is determined by a Third Party laboratory pursuant to Section 6.7 (Disputes Regarding Conformity) that a Batch of Product did not comply with [***], Provider and Company will meet to discuss and mutually agree in writing the scope of a corrective and preventative action plan (“CAP”).