Common use of Independent Laboratory Analysis Clause in Contracts

Independent Laboratory Analysis. If Supplier disagrees with any alleged nonconformity timely notified to Supplier under Section 6.1, then an independent laboratory (or other expert) of recognized repute reasonably acceptable to Supplier and Purchaser (the “Independent Laboratory”) shall analyze (i) a sample from the relevant shipment provided by Purchaser and (ii) a Shipment Sample as retained by Supplier in accordance with Section 4.5, as may be necessary to substantiate whether the shipment rejected by Purchaser conformed in all material respects to the Certificate of Analysis and Compliance and any other pertinent Specifications or otherwise failed to comply with the warranties set forth in Article 13 of this Agreement at the time of delivery to the common carrier. At the same time each of Supplier and Purchaser furnishes to the Independent Laboratory its sample, such party shall also furnish to the other party a split sample of such sample. In conducting its analysis hereunder, the Independent Laboratory shall use the same analytical methodology used by Supplier. Supplier shall provide a reasonably detailed description of such analytical methodology to the Independent Laboratory. Both Supplier and Purchaser agree to cooperate with the Independent Laboratory’s reasonable requests for assistance in connection with its analysis hereunder. The Independent Laboratory’s results of analysis, absent manifest error, shall be deemed final as to any dispute over compliance of the Finished Product in all material respects with the Certificate of Analysis and Compliance and/or any other pertinent Specifications and/or the warranties set forth in Article 13 of this Agreement. If the analysis of the Independent Laboratory shows that the Finished Product did not at the material time(s) conform in all material respects to the Certificate of Analysis and Compliance or any other pertinent Specifications or the warranties set forth in Article 13 of this Agreement at the time of delivery to the common carrier, the costs of such analysis shall be paid by Supplier. If the analysis of the Independent Laboratory shows that the Finished Product did at the material time(s) conform in all material respects to the Certificate of Analysis and Compliance and any other pertinent Specifications and the warranties set forth in Article 13 of this Agreement at the time of delivery to the common carrier, the costs of such analysis shall be paid by Purchaser.

Independent Laboratory Analysis. If Supplier Xxxx disagrees with any alleged nonconformity timely notified to Supplier Xxxx under Section 6.15.1, then an independent laboratory (or other expert) of recognized repute reasonably acceptable to Supplier and Purchaser both Parties (the “Independent Laboratory”) shall analyze (i) a sample from the relevant shipment provided by Purchaser Xxxxx and (ii) a Shipment Sample as retained by Supplier Xxxx in accordance with Section 4.5, as may be necessary to substantiate whether the shipment rejected by Purchaser Xxxxx conformed in all material respects to the Certificate of Analysis and Compliance and any other pertinent Specifications or otherwise failed to comply with the warranties set forth in Article 13 of this Agreement 8 at the time of delivery to the common carrier. At the same time each of Supplier and Purchaser party furnishes to the Independent Laboratory its sample, such party shall also furnish to the other party a split sample of such sample. In conducting its analysis hereunder, the Independent Laboratory shall use the same analytical methodology used by SupplierXxxx. Supplier Xxxx shall provide a reasonably detailed description of such analytical methodology to the Independent Laboratory. Both Supplier and Purchaser Parties agree to cooperate with the Independent Laboratory’s reasonable requests for assistance in connection with its analysis hereunder. The Both Parties shall be bound by the Independent Laboratory’s results of analysis, which, absent manifest error, shall be deemed final as to any dispute over compliance of the Finished Product in all material respects with the Certificate of Analysis and Compliance and/or any other pertinent Specifications and/or the warranties set forth in Article 13 of this Agreement8. If the analysis of the Independent Laboratory shows that the Finished Product did does not at the material time(s) conform in all material respects to the Certificate of Analysis and Compliance or any other pertinent Specifications or the warranties set forth in Article 13 of this Agreement 8 at the time of delivery to the common carrier, the costs of such analysis shall be paid by SupplierXxxx. If the analysis of the Independent Laboratory shows that the Finished Product did at the material time(s) does conform in all material respects to the Certificate of Analysis and Compliance and any other pertinent Specifications and the warranties set forth in Article 13 of this Agreement 8 at the time of delivery to the common carrier, the costs of such analysis shall be paid by PurchaserXxxxx.

Independent Laboratory Analysis. If Supplier Oscient disagrees with any alleged nonconformity timely notified to Supplier Oscient under Section 6.15.1, then an independent laboratory (or other expert) of recognized repute reasonably acceptable to Supplier Oscient and Purchaser MIOL (the “Independent Laboratory”) shall analyze (i) a sample from the relevant shipment provided by Purchaser MIOL and (ii) a Shipment Sample as retained by Supplier Oscient in accordance with Section 4.5, as may be necessary to substantiate whether the shipment rejected by Purchaser MIOL conformed in all material respects to the Certificate certificate of Analysis analysis and Compliance and any other the pertinent Specifications or otherwise failed to comply with the warranties set forth in Article 13 Section 12.1(e) of this Agreement at the time of delivery to the common carrier. At the same time each of Supplier Oscient and Purchaser MIOL furnishes to the Independent Laboratory its sample, such party Party shall also furnish to the other party Party a split sample of such sample. In conducting its analysis hereunder, the Independent Laboratory shall use the same analytical methodology used by SupplierOscient. Supplier Oscient shall provide a reasonably detailed description of such analytical methodology to the Independent Laboratory. Both Supplier Oscient and Purchaser MIOL agree to cooperate with the Independent Laboratory’s reasonable requests for assistance in connection with its analysis hereunder. The Independent Laboratory’s results of analysis, absent manifest error, shall be deemed final as to any dispute over compliance of the Finished Product Active Pharmaceutical Ingredient in all material respects with the Certificate certificate of Analysis and Compliance analysis and/or any other the pertinent Specifications and/or the warranties set forth in Article 13 Section 12.1(e) of this Agreement. If the analysis of the Independent Laboratory shows that the Finished Product Active Pharmaceutical Ingredient did not at the material time(s) conform in all material respects to the Certificate certificate of Analysis and Compliance analysis or any other the pertinent Specifications or the warranties set forth in Article 13 Section 12.1(e) of this Agreement at the time of delivery to the common carrier, the costs of such analysis shall be paid by SupplierOscient. If the analysis of the Independent Laboratory shows that the Finished Product Active Pharmaceutical Ingredient did at the material time(s) conform in all material respects to the Certificate certificate of Analysis analysis and Compliance and any other the pertinent Specifications and the warranties set forth in Article 13 Section 12.1(e) of this Agreement at the time of delivery to the common carrier, the costs of such analysis shall be paid by PurchaserMIOL.

Independent Laboratory Analysis. If Supplier Xxxx disagrees (in accordance with Section 6.1) with any alleged nonconformity timely notified to Supplier Xxxx under Section 6.1, then an independent laboratory (or other expert) of recognized repute reasonably acceptable to Supplier and Purchaser both Parties (the “"Independent Laboratory”") shall analyze (i) a sample from the relevant shipment provided by Purchaser Kos and (ii) a Shipment Sample as retained by Supplier Xxxx in accordance with Section 4.55.5, as may be necessary in order to substantiate whether the shipment rejected by Purchaser Kos conformed in all material respects to the Certificate of Analysis and Compliance and any other pertinent Specifications or otherwise failed to comply with the warranties set forth in Article 13 of this Agreement 8 at the time of delivery to the common carrierKos' designated facility. At the same time each of Supplier and Purchaser as a Party furnishes to the Independent Laboratory its sample, such party Party shall also furnish to the other party Party a split sample of such sample. In conducting its analysis hereunder, the Independent Laboratory shall use the same analytical methodology used by Supplierset forth in the applicable Approved ANDA. Supplier Xxxx shall provide a reasonably detailed description of such analytical methodology to the Independent Laboratory. Both Supplier and Purchaser Parties agree to cooperate with the Independent Laboratory’s 's reasonable requests for assistance in connection with its analysis hereunder. The Both Parties shall be bound by the Independent Laboratory’s 's results of analysis, which, absent manifest error, shall be deemed final as to any dispute over compliance of the Finished Product in all material respects with the Certificate of Analysis and Compliance and/or any other pertinent Specifications and/or the warranties set forth in Article 13 of this Agreement8. If the analysis of the Independent Laboratory shows that the Finished Product did does not at the material time(s) conform in all material respects to the Certificate of Analysis and Compliance or any other pertinent Specifications or the warranties set forth in Article 13 of this Agreement 8 at the time of delivery to the common carrierKos' designated facility, the costs of such analysis shall be paid by SupplierXxxx. If the analysis of the Independent Laboratory shows that the Finished Product did at the material time(s) does conform in all material respects to the Certificate of Analysis and Compliance and any other pertinent Specifications and the warranties set forth in Article 13 of this Agreement 8 at the time of delivery to the common carrierKos' designated facility, the costs of such analysis shall be paid by PurchaserKos.