Bioject's Liability Clause Samples

Bioject's Liability. If such recall is required because of failure of a Product to conform to the warranties in Section 12 or due to any other defect relating to the Products, then the costs and expenses of such recall shall be paid or reimbursed by Bioject and, at Serono's option, Bioject shall replace such recalled Products or issue a credit in favor of Serono or refund the purchase price of such recalled Products. ***Confidential portions omitted and submitted separately to the Securities and Exchange Commission. An application for confidential treatment has been submitted pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended.