Quantitative Defect definition

Quantitative Defect means any instance in which CPL has Delivered a quantity of Product that is at least [***]% less than the quantity stated in any invoice or xxxx of lading. [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
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Quantitative Defect means any instance in which Hikma has Delivered a quantity of Product that is at least [***] less than the quantity stated in any invoice or bill of lading.
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Quantitative Defect means any instance in which Ximedica has delivered a quantity that is [***] percent ([***]%) less than, or [***] percent ([***]%) greater than, the quantity stated in any invoice or xxxx of lading.
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Examples of Quantitative Defect in a sentence

  • OptiNose or its designee shall notify CPL within: · [***] ([***]) calendar days after receiving a shipment of Product at OptiNose’s warehouse if it determines that such shipment contains a Quantitative Defect, · [***] ([***]) calendar days after receiving a shipment of Product at OptiNose’s warehouse if it determines that such shipment contains a Patent Defect, and · [***] ([***]) calendar days after OptiNose becomes aware of a Latent Defect.

  • If CPL agrees with such Quantitative Defect, CPL will promptly and as soon as practicable, and in no event more than [***] ([***]) business days, ship sufficient Product at OptiNose’s direction to remedy such Quantitative Defect.

  • If such results indicate that the shipment had a Quantitative Defect Product, then in addition to, and without waiver or limitation of OptiNose’s or CPL’s rights and remedies hereunder, at law and/or in equity, OptiNose shall be entitled to [***], made by OptiNose for such Product comprising the Quantitative Defect.

  • If CPL does not agree with OptiNose’s determination that such shipment has a Quantitative Defect, then after [***] to resolve the disagreement, and subject to, and without waiver or limitation of OptiNose’s and/or CPL’s rights and remedies hereunder, at law and/or in equity, CPL may require a mutually agreed upon independent third party to determine whether the shipment had a Quantitative Defect.

  • If Gilead does not receive any notice of rejection on the basis of a Quantitative Defect within forty-five (45) days of Eyetech's receipt of the relevant shipment, Eyetech shall be deemed to have accepted such shipment of Product with respect to adequacy of Product quantities in such shipment.

  • If Gilead disputes Eyetech's conclusion, the parties will work in good faith to determine whether such shortage was due to a Quantitative Defect.

  • Eyetech shall notify Gilead in writing of any claim relating to Quantitative Defects in shipments of the Product within thirty (30) days following actual receipt of such shipments by Eyetech, including Eyetech's bases for concluding that any shortage in quantity is a Quantitative Defect.

  • If it is determined any shortage in the original shipment was not due to a Quantitative Defect, Eyetech will promptly pay unpaid amounts of the invoice therefor in accordance with this Agreement.

  • Subject to, and without waiver or limitation of OptiNose’s and/or CPL’s rights and remedies hereunder, at law and/or in equity, if OptiNose believes that a shipment has a Quantitative Defect, OptiNose shall notify CPL within the applicable period.

  • If VTM agrees with such Quantitative Defect, VTM will promptly, and in no event more than [***] days, ship sufficient DSAs at OptiNose’s direction to remedy such Quantitative Defect.


More Definitions of Quantitative Defect

Quantitative Defect means any instance in which VTM has delivered a quantity that is [***] less than, or [***] greater than, the quantity stated in any invoice or xxxx of lading. “Receiving Party” means a party that receives or acquires Confidential Information directly or indirectly under this Agreement. “Special Inventory” shall mean any mutually agreed Inventory acquired by VTM to support flexibility, demand requirements, safety stock or pricing discounts. “Specifications” shall mean the procedures, standards, quality control and other data and requirements for each DSA, which shall include, without limitation: Bills of Materials, designs, schematics, assembly drawings, process documentation, specifications according to the Device Master Record for the DSA, current revision number, and an Approved Vendor List. “Standard Cost” shall mean, as applicable, (a) the quoted cost of Inventory represented on the Xxxx of Materials current at the time such Inventory is acquired; or (b) the value of any services required to be performed hereunder on work-in-progress at the time such services are performed. “Term” shall have the meaning set forth in Section 14.01. “VTM” shall have the meaning set forth in the preamble. “VTM Supply Relationship Manager” shall have the meaning set forth in Section 6.01(a). “VTM Equipment” means any and all equipment, systems, or facilities owned or leased, by or on behalf of VTM and made available for either direct or indirect performance by VTM under this Agreement. “VTM Personnel” means all employees, contractors, and consultants, engaged by VTM to perform under this Agreement. 5 [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. “VTM Tools” means all documents, data, know-how, methodologies, software and other information provided by or used by VTM in connection with performance by VTM under this Agreement, in any case developed or acquired by VTM independently of this Agreement and of other services performed by VTM for OptiNose prior to or after the date hereof. ARTICLE II
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Quantitative Defect means any instance in which VTM has delivered a quantity that is [***] less than, or [***] greater than, the quantity stated in any invoice or xxxx of lading.
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Related to Quantitative Defect

  • Latent Defect means a defect, inherently lying within the material or arising out of design deficiency, which do not manifest themselves and/or was not reasonably discoverable during Defect Liability period.