Exhaustion. No default based on a claimed failure of any Product to conform to the Product Specifications shall be the subject of a notice under Section 10.3(a) until and unless all procedures and remedies specified in Section 3.3 shall have first been exhausted. Furthermore no inability to supply CLIENT with Product caused by an event of Force Majeure shall be the subject of a notice under Section 10.3(a).
Appears in 3 contracts
Samples: Clinical Supply Agreement (Xencor Inc), Clinical Supply Agreement (Xencor Inc), Clinical Supply Agreement (Xencor Inc)
Exhaustion. No default based on a claimed failure of any Product to conform to the Product Specifications shall be the subject of a notice under Section 10.3(a10.2.1 (“Generally”) until and unless all procedures and remedies specified in Section 3.3 Article 4 (“Nonconforming Product”) shall have first been exhausted. Furthermore Furthermore, no inability to supply CLIENT Client with Product caused by an event of Force Majeure shall be the subject of a notice under Section 10.3(a10.2.1 (“Generally”).
Appears in 1 contract
Exhaustion. No default based on a claimed failure of any Product to conform to the Product Specifications shall be the subject of a notice under Section 10.3(a10.2.1 (“Generally”) until and unless all procedures and remedies specified in Section 3.3 Article 4 (“Nonconforming Product”) shall have first been exhausted. Furthermore Furthermore, no inability by either Party to supply CLIENT with Product perform caused by an event of Force Majeure shall be the subject of a notice under Section 10.3(a10.2.1 (“Generally”).
Appears in 1 contract
Samples: Commercial Supply Agreement (Horizon Therapeutics Public LTD Co)
