Blood Screening Instruments. If any Blood Screening Instrument is damaged, defective or fails to conform to the specifications therefor, then Novartis or its Affiliates shall have the right to reject such damaged, defective or nonconforming Blood Screening Instrument. Novartis or its Affiliates shall give written notice to both Gen-Probe and any manufacturer designated by Gen-Probe of its rejection hereunder, within ten (10) days after installation of such Instrument, specifying the grounds for such rejection and requesting a return material authorization. The Blood Screening Instrument shall be held for Gen-Probe’s disposition, at Gen-Probe’s expense, if found to be damaged, defective or nonconforming. Gen-Probe shall use its Commercially Reasonable Efforts to replace such rejected Blood Screening Instrument after receipt of notice of rejection thereof.
Appears in 2 contracts
Sources: Restated Agreement (Gen Probe Inc), Restated Agreement (Gen Probe Inc)