Common use of Independent Testing Clause in Contracts

Independent Testing. If CEPHALON notifies CATALYTICA that any Product does not meet applicable Specifications or quality assurance guidelines, and CATALYTICA does not agree with CEPHALON's position, the parties will attempt to reach a mutually acceptable resolution of the dispute. If they are unable to do so after a reasonable period of time (such period not to exceed one month from the date of original notification), the matter will be submitted to an independent testing laboratory acceptable to both parties. Both parties will accept the judgment of the independent laboratory. The cost of such testing will be borne by the party whose position is determined to have been in error. If the Product is determined by said independent laboratory to have been conforming, then the provisions of Section 9.3 hereof shall not apply, and CEPHALON shall not be relieved of its obligations to pay CATALYTICA for the production of such Product.

Independent Testing. If CEPHALON notifies CATALYTICA CIRCA that any Product does ------------------- not meet applicable Specifications or quality assurance guidelines, and CATALYTICA CIRCA does not agree with CEPHALON's 'S position, the parties will attempt to reach a mutually acceptable resolution of the dispute. If they are unable to do so after a reasonable period of time (such period not to exceed one month three months from the date of original notification), the matter will be submitted to an independent testing laboratory acceptable to both parties. Both parties will accept the judgment judgement of the independent laboratory. The cost of such testing will be borne by the party whose position is determined to have been in error. If the Product is determined by said independent laboratory to have been conforming, then the provisions of Section 9.3 hereof shall not apply, and CEPHALON shall not be relieved of its obligations to pay CATALYTICA CIRCA for the production of such Product.

Independent Testing. If CEPHALON notifies CATALYTICA ABBOTT that any Product does not meet applicable Specifications or quality assurance guidelinesthe warranties in Section 10, and CATALYTICA ABBOTT does not agree with CEPHALON's position, the parties will attempt to reach a mutually acceptable resolution of the dispute. If they are unable to do so after a reasonable period of time (such period not to exceed one month from the date of original notification), the matter will be submitted to an independent testing laboratory acceptable to both parties. Both parties will accept the judgment of the independent laboratory. The cost of such testing will be borne by the party whose position is determined to have been in error. If the Product is determined by said independent laboratory to have been conforming, then the provisions of Section 9.3 8.3 hereof shall not apply, and CEPHALON shall not be relieved of its obligations to pay CATALYTICA ABBOTT for the production of such Product.