APPROVAL OF PRODUCT. A. Each product to be approved under this Agreement shall be approved by the Contract Manager. The DSH’s determination as to satisfactory work shall be final, absent fraud or mistake.
APPROVAL OF PRODUCT. Each product to be approved under this Agreement shall be approved by the Contract Manager. HCD’s determination as to satisfactory work shall be final absent fraud, mistake or arbitrariness.
APPROVAL OF PRODUCT. A. Each service to be approved under this Emergency Agreement shall be approved by the DSH Contract Manager. DSH’s determination as to satisfactory work shall be final, absent fraud or mistake.
APPROVAL OF PRODUCT. The Artist requires that three (3) Samples of each Licensed Article will be provided to her at no cost and that the Licensed Articles will not be made commercially available until her approval is given in writing. The Client requires that the Artist give approval or disapproval within fifteen (15) days of receipt of the Samples.
APPROVAL OF PRODUCT. 3.2.1 When a cGMP Batch ordered by GAMIDA has been completed, LONZA will notify GAMIDA and supply GAMIDA with the required Project Documentation set forth in this Agreement. Within [*] after GAMIDA’s receipt of such documentation regarding such cGMP Batch (the “Acceptance Period”), GAMIDA shall determine by review of such documentation whether or not the given cGMP Batch conforms to the product warranties set forth in Section 3.1 above (“Product Warranties”). If GAMIDA asserts that the cGMP Batch does not comply with the Product Warranties set forth in Section 3.1 above, GAMIDA will deliver to LONZA, in accordance with the notice provisions set forth in Section 14.4 hereof, written notice of disapproval (the “Disapproval Notice”) of such cGMP Batch, stating in reasonable detail the basis for such assertion of non-compliance with the Product Warranties. If a valid Disapproval Notice is received by LONZA during the Acceptance Period, then LONZA and GAMIDA will provide one another with all related paperwork and records (including, but not limited to, quality control tests) relating to both the production of the cGMP Batch and the Disapproval Notice. If a valid Disapproval Notice is not received during the Acceptance Period, the cGMP Batch will be deemed accepted and ready for shipment to GAMIDA, or storage for GAMIDA, as applicable. The above procedure shall not derogate from LONZA’s liability for a period of time of 60 days after delivery of the Product for any failure to comply with the Product Warranties which could not reasonably have been determined by GAMIDA from the review of the Project Documentation.
APPROVAL OF PRODUCT. The Client shall have a period of three (3) months from receipt of the latest of the Product or the Final Report in which to notify BioReliance in writing of any failure of the Product to meet the agreed specification as detailed in the Specifications. In the event that no written notification is received within the said three (3) month period, the Client shall be deemed to have accepted the Product as meeting specification In the event of BioReliance’s receipt of a notice. In the event of BioReliance receives notice from the Client for non- conformance of Product, the Client shall make available to BioReliance the failed Product for inspection at the Facility and neither BioReliance nor the Client shall take any steps to manipulate or otherwise interfere with the Product until a final resolution is mutually agreed upon in good faith. In the event of a dispute arising as to whether the Product has failed to meet the agreed specification or as to whether any failure to meet the agreed specification is as a result of any act or omission of the Client or any party acting on behalf of the Client or with the authority of the Client or any third party following upon delivery of the Product to the Client, the dispute shall be referred to an independent expert. The independent expert (acting as an expert and not an arbiter) shall be appointed by agreement between BioReliance and the Client or in the absence of agreement within a period of twenty (20) days of the request for referral having been notified by either BioReliance or the Client to the other party. The decision of the expert on the matter under referral, including the award of expenses, shall be final and binding on the parties in the absence of manifest error. Should it be a condition of the contract, or should the Client request and BioReliance consent to the Product being released to the Client prior to the completion of the Quality Assurance Audit or prior to the completion of any tests (including mycoplasma and sterility) forming part of the Production Services or services relating thereto and release of the results thereof, the Client warrants that the Product shall not be used by it, prior to such completion and release of results, for the purposes of clinical trials and the Client further acknowledges that any use of the Product prior to acceptance by it shall be at the Client’s risk, and in respect of any such use of the Product prior to such acceptance the Client undertakes to indemnify BioReli...
