DISAGREEMENTS OVER CONFORMITY Sample Clauses

DISAGREEMENTS OVER CONFORMITY. The Parties shall cooperate in good faith to determine whether a rejection of Filled Product pursuant to Section 5.4(a) was appropriate. If the Parties disagree, a sample of such Filled Product shall be submitted to a mutually acceptable independent laboratory for resolution of the disagreement. Such laboratory's determination shall be final, determinative and binding upon the Parties. The costs of such laboratory testing shall be borne by Chiron unless the laboratory determines that such Filled Product is a Defective Manufactured Product, in which case Cubist shall bear such costs. If the Parties have agreed, or if such laboratory determines that such Filled Product is not a Defective Manufactured Product, then such Filled Product shall be deemed to have been accepted by Chiron, and Chiron will pay the Transfer Price therefor, in accordance with Article 7.
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DISAGREEMENTS OVER CONFORMITY. If the parties disagree, samples of both the Filled Product in question and the corresponding retention sample shall be submitted to a mutually acceptable independent laboratory for resolution of the disagreement in accordance with the provisions of Section 5.4(d). If such independent laboratory determines that such Filled Product is not stable during its Remaining Shelf-life, and such instability is not a result of Chiron's mishandling of such Filled Product (including improper storage thereof or any other actions taken by Chiron described in Section 9.1(b)), then such Filled Product shall be considered Defective Manufactured Product for purposes of Article 5 of this Supply Agreement.
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