Product Material definition
Examples of Product Material in a sentence
Such Rights shall include, but are not limited to, the right to worldwide copyright and to renew such copyright; the right to publish the Product, Material or Work and any reissue, revision or translation thereof; and the right to promote or advertise the Product, Material or Work.
Product Material Change X Material Analysis, risk assessment, product validation/verification (impact assessment).
Following a Product Material Adverse Event, the Parties shall confer and agree upon reduced Base Minimum Purchase Levels that reflect the effect of the Product Material Adverse Event and taking into account the effect on Net Sales of the Product during the one year period following the Product Material Adverse Event, which reduced levels shall be agreed upon no later than thirty (30) days following the first anniversary of the date of Product Material Adverse Event.
In addition, following a Product Material Adverse Event, the Parties shall confer and agree upon any other appropriate revisions to RELIANT’s obligations with respect to the development and commercialization of the Product pursuant to this Agreement, and RELIANT’s obligations and PRONOVA’s rights under Sections 5.2, 5.4 and 8 shall be suspended until such time as the Parties shall have reached a mutual agreement regarding appropriate revisions thereto.
The revised Base Minimum Purchase Levels shall be retroactively effective from and after the date of the Product Material Adverse Event; provided, however, that until such time as the Parties agree to the revised Base Minimum Purchase Levels, RELIANT shall not be obligated to comply with the Base Minimum Purchase Levels under this Section 6 and shall not be in breach of this Agreement as a result thereof.
Any other Third-Party supplier for Product Materials (or procurement of a different Product Material from any Third-Party supplier) must be approved in advance in writing by Customer (such approval not to be unreasonably withheld, conditioned or delayed).
Upon the occurrence of a breach of any such Product Material Contract by any other party thereto, which could, individually or in the aggregate, reasonably be expected to result in a Material Adverse Effect, the Company shall use Commercially Reasonable and Diligent Efforts to seek to enforce all of its (or its Affiliates’) rights and remedies thereunder.
The Contractor shall not be obligated to indemnify that portion of a claim or dispute based upon: i) State’s unauthorized modification or alteration of a Product, Material or Service; ii) State’s use of the Service in combination with other products, materials, or services not furnished by Contractor; iii) State’s use in other than the specified operating conditions and environment.
Since December 31, 2021, and through the date hereof, (i) there has not been any event, occurrence or development which has had or would reasonably be expected to have a Specified Product Material Adverse Effect, and (ii) except with respect to the transactions contemplated by this Agreement and the Ancillary Agreements and discussions with BARDA regarding the BARDA Contract, Seller has caused the Operation to be conducted in the ordinary course of business consistent with past practices.
Except as discussed in Schedule 4.1(k) or as would not have a Product Material Adverse Effect, during the last [*] there has not been any occurrence of any product recall, market withdrawal or replacement, or post-sale warning conducted by or on behalf of Shire concerning the Product, any product recall, market withdrawal or replacement conducted by or on behalf of any entity as a result of any alleged defect in the Product or the Technical Data.