Conforming Products. The Products shall conform strictly to the description, plans, specifications, and sample and shall be of the best quality and reasonably fit for their intended purpose. If there are no specific descriptions, plans, specifications, or samples, and to the extent that they are not explicit, the Products shall be new, of the latest design or model conforming to Casa's requirements, of the best quality and reasonably fit for their intended purpose. Supplier may not substitute Products or parts of Products, or shipment more or less than the quantity specified in the Purchase Order. If Casa receives Products that do not conform to these requirements, Casa may reject such shipment in whole or in part by notifying Supplier within thirty (30) days of receipt. Supplier shall remove such rejected Products at Supplier's expense within ten (10) days after the date of Casa’s notice.
Conforming Products. AstraZeneca shall manufacture, or have manufactured, the Products in accordance in all material respects with the applicable Specification, the QAA, and any Applicable Laws and Regulations.
Conforming Products. (a) XANODYNE shall be entitled to reject any portion or all of any shipment of PRODUCTS (or any component thereof) that, at the time of transfer from BIRI to a common carrier, (i) fails to comply with any of the SPECIFICATIONS with respect to a particular PRODUCT, (ii) is not suitable for sale due to (A) the failure to manufacture such PRODUCT in accordance with GOOD MANUFACTURING PRACTICES or (B) the failure to comply with other FDA laws and regulations, DEA laws and regulations or material requirements of other applicable laws (all such PRODUCTS, "NONCONFORMING PRODUCTS", and any of such events, a "NONCONFORMITY"); provided that XANODYNE notifies BIRI within [**] days after receipt of the shipment that XANODYNE is rejecting such shipment. If no such notice is provided by XANODYNE, then XANODYNE shall be deemed to have accepted the shipment regardless of whether XANODYNE has actually performed any testing on such PRODUCTS. Notwithstanding the foregoing, in the event XANODYNE determines after acceptance of a PRODUCT that such PRODUCT is a NONCONFORMING PRODUCT due to a NONCONFORMITY that was not, and should not reasonably have been, discovered upon reasonable diligent examination and testing by XANODYNE upon receipt or otherwise known by XANODYNE, XANODYNE may subsequently revoke its acceptance of such NONCONFORMING PRODUCTS upon confirmation of such NONCONFORMITY, provided that it has given to BIRI written notice of its discovery of the NONCONFORMITY within [**] days after XANODYNE discovers or should reasonably have discovered such NONCONFORMITY and promptly proceeded to diligently investigate such NONCONFORMITY and notify BIRI of the results thereof. Any notification by' XANODYNE to BIRI of NONCONFORMING PRODUCTS shall indicate the SPECIFICATIONS or other applicable laws or regulations claimed to be unmet and any pertinent analysis performed by XANODYNE in making this conclusion.
Conforming Products. Technology Transfer: In the event that this Agreement is terminated by RDR or RDO pursuant to Section 8(a) or 8(b)(ii) or (iii), Supplier shall grant to RDR and RDO the license required as part of the Disaster Recovery Plan set forth in Section 10.1 of the Agreement for the unexpired portion of the Initial Term, and shall provide all assistance and other obligations therein as if a significant or catastrophic event occurred affecting the supply of Products. Supplier further agrees to use commercially reasonable efforts to assist in a transition of supply chain requirements, including the continuation of manufacturing until either RDR or RDO are capable of manufacturing demanded volumes. RDR and RDO will pay all reasonable costs incurred by Supplier in the one-time transfer of manufacturing technology and ongoing support for a reasonable time, not longer than six (6) months. If RDR or RDO requests additional assistance in connection with the transferred manufacturing technology beyond that set forth above, RDR and RDO will request the assistance in writing and pay Supplier for all such assistance. VER. 8.20.05 ROCHE DIAGNOSTICS, SALES AND DISTRIBUTION AGREEMENT V.12 06_19_2008 EXHIBIT G Tooling Requirements The Parties agree that all tooling, including but not limited to equipment, fixtures, molds, dies, knifestacks, print cylinders, inspection cameras, etc. that are provided by RDO to Supplier (hereinafter “Tooling”) will be used exclusively by Supplier to produce Products for RDO and title to such Tooling shall, during the Term of the Agreement remain with RDO. In addition, Supplier agrees, at its sole cost and expense, to the following:
Conforming Products. Upon delivery of the replacement Products, Stryker may then inspect the Products to determine whether Supplier has cured the non-conformity or non-compliance. In the event that Stryker determines that Supplier has failed to correct the non-conformity or non-compliance, Stryker may, in its sole discretion (i) terminate all or a portion of the Purchase Order related thereto, and receive a refund of the applicable charge already paid, if any; (ii) deliver to Supplier additional notices of non-conformity or non-compliance; and (iii) cover the Non-Conforming Products as set forth in Section 3.2.
Conforming Products. In lieu of making any payment to Dey for Non-Conforming Products pursuant to this Section 6e, Meridian instead may provide Dey xxxh Products having value based on the originally invoiced unit prices equal to the amount of such payment at no additional cost to Dey. Xxe number of Non-Conforming Products so delivered by Meridian to Dey xxxll count towards Dey's Annual Minimum requirements set forth under Section 2b hereof. Within thirty (30) days after an independent laboratory or consultant determines that Products are not Non-Conforming Products pursuant to Section 6c or if Dey xxxees that a shipment of Products are not Non-Conforming Products after contending that such Products are Non-Conforming Products, Dey xxxll reimburse Meridian for the amounts paid by Meridian for testing by an independent laboratory and/or consulting services pursuant to Section 6c.
Conforming Products. If Client and Patheon fail to agree within 10 business days after Patheon's notice to Client as to whether any Products identified in the Deficiency Notice are Non-Conforming Products, the parties shall mutually determine an independent laboratory to evaluate whether the Products are Non-Conforming Products. If such evaluation certifies that any Products are Non-Conforming Products, Client may have those Products replaced in the manner contemplated by Subsection 2.6(d).
Conforming Products. For Products that are returned to Nortel by Avici for repair or replacement pursuant to Section 11.1 and are found by Nortel to conform to the applicable Specifications, Avici shall pay Nortel for all costs it has incurred in connection with the handling and testing of the Products as well as shipping charges and duties. --------------------- /*/ [CONFIDENTIAL TREATMENT REQUESTED] INDICATES MATERIAL THAT HAS BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED. ALL SUCH OMITTED MATERIAL HAS BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1933, AS AMENDED.
Conforming Products. For Products that are returned to Manufacturer by Customer for warranty repair or replacement and are found by Manufacturer to conform to the product Specifications and such conformity is verified by Customer, Customer shall pay Manufacturer shipping charges and duties.
Conforming Products. For Products that are returned to Nortel by Avici for repair or replacement pursuant to Section 11.1 and are found by Nortel to conform to the applicable Specifications, Avici shall pay Nortel for all costs it has incurred in connection with the handling and testing of the Products as well as shipping charges and duties.
