Defective or Recalled Product. Patheon’s maximum aggregate liability to Client for any obligation to (i) refund, offset or replace any defective Product under Section 6.3(a) or (ii) replace any recalled Product under Section 6.3(b), will not exceed [***] of the Price for the defective or recalled Product as applicable. This Section 10.2(c) will not be subject to Section 10.2(b).
Appears in 3 contracts
Samples: Services Agreement (Evoke Pharma Inc), Services Agreement (Evoke Pharma Inc), Services Agreement (Evoke Pharma Inc)
Defective or Recalled Product. Patheon’s maximum aggregate liability to Client for any obligation to (i) refund, offset or replace any defective Product under Section 6.3(a) or (ii) replace any recalled Product Products under Section 6.3(b), will not exceed [***] of the Price for the defective or recalled Product as applicable]. This Section 10.2(c) will not be subject to Section 10.2(b)[***].
Appears in 3 contracts
Samples: Master Manufacturing Services Agreement, Product Agreement (Baudax Bio, Inc.), Product Agreement (Recro Pharma, Inc.)
Defective or Recalled Product. Patheon’s maximum aggregate liability to Client for any obligation to (i) refund, offset or replace any defective Product under Section 6.3(a) or (ii) replace any recalled Product Products under Section 6.3(b), will not exceed [***] ]% of the Price for the defective or recalled Product as applicable. This Section 10.2(c10.2(b) will not be subject to Section 10.2(b10.2(c).
Appears in 2 contracts
Samples: Product Agreement (La Jolla Pharmaceutical Co), Product Agreement (Tetraphase Pharmaceuticals Inc)
Defective or Recalled Product. Patheon’s maximum aggregate liability to Client for any obligation to (i) refund, offset or replace any defective Product under Section 6.3(a) or (ii) replace any recalled Product Products under Section 6.3(b), will not exceed [***] of the Price for the defective or recalled Product as applicable. This Section 10.2(c10.2(a) will shall not be subject to Section 10.2(b10.2(c).
Appears in 2 contracts
Samples: Product Agreement (Jazz Pharmaceuticals PLC), Product Agreement (Jazz Pharmaceuticals PLC)
Defective or Recalled Product. Other than in the case of the Exceptions, Patheon’s maximum aggregate liability to Client for any obligation to (i) refund, offset or replace any defective Product under Section 6.3(a) or (ii) replace any recalled Product Products under Section 6.3(b), will not exceed [***] of the Price for the defective or recalled Product as applicable]. This Section 10.2(c10.2(a) will not be subject to Section 10.2(b10.2(c).
Appears in 2 contracts
Samples: Master Manufacturing Services Agreement (Akebia Therapeutics, Inc.), Product Agreement (Keryx Biopharmaceuticals Inc)
Defective or Recalled Product. Patheon’s maximum aggregate liability to Client Indivior for any obligation to (i) refund, offset or replace any defective Product under Section 6.3(a) or (ii) replace any recalled Product Recalled Products under Section 6.3(b), will not exceed [***] ]% of the Price for the defective or recalled Recalled Product as applicable. This Section 10.2(c10.2(a) will not be subject to Section 10.2(b10.2(c).
Appears in 2 contracts
Samples: Master Manufacturing Services Agreement (Indivior PLC), Master Manufacturing Services Agreement (Indivior PLC)
Defective or Recalled Product. Patheon’s maximum aggregate liability to Client for any obligation to (i) refund, offset or replace any defective Product under Section 6.3(a) or (ii) replace any recalled Product under Section 6.3(b), will not exceed [***] ]% of the Price for the defective or recalled Product as applicable. This Such obligation shall be exclusivity limited by this Section 10.2(c10.2(a) and will not be subject to Section 10.2(b)limited by [**].
Appears in 1 contract
Samples: Manufacturing Services Agreement (Nabriva Therapeutics PLC)
Defective or Recalled Product. Patheon’s maximum aggregate liability to Client for any obligation to (i) refund, offset or replace any defective Product under Section 6.3(a) or (ii) replace any recalled Product Products under Section 6.3(b), will not exceed [***] of the Price for the such defective or recalled Product as applicable. This Section 10.2(c10.2(a) will not be subject to Section 10.2(b10.2(c).
Appears in 1 contract
Samples: Product Agreement (TESARO, Inc.)
Defective or Recalled Product. Patheon’s maximum aggregate liability to Client for any obligation to (i) refund, offset or replace any defective Product under Section 6.3(a) or (ii) replace any recalled Product Products under Section 6.3(b), will not exceed [***] of the Price for the defective or recalled Product as applicable. This Section 10.2(c10.2(a) will shall not be subject to Section 10.2(b10.2(c).. (b)
Appears in 1 contract
Samples: Services Agreement
Defective or Recalled Product. Patheon’s maximum aggregate liability to Client for any obligation to (i) refund, offset or replace any defective Defective Product under Section 6.3(a) or (ii) replace any recalled Product Products under Section 6.3(b), will not exceed [***] 100% of the Price for the defective Defective or recalled Product as applicable. This Section 10.2(carticle 10.2(a) will not be subject to Section 10.2(b10.2(c).
Appears in 1 contract
Samples: Master Manufacturing Services Agreement (Melinta Therapeutics, Inc. /New/)
Defective or Recalled Product. Patheon’s maximum aggregate liability to Client for any obligation to (i) refund, or offset or replace any defective Product under Section 6.3(a) or (ii) replace any recalled Product under Section 6.3(b), will not exceed […***] …]% of the Price for the defective or recalled Product as applicableapplicable . This Section 10.2(c10.2(a) will not be subject to Section 10.2(b10.2(c).
Appears in 1 contract
