Common use of Material Warranty Clause in Contracts

Material Warranty. Supplier warrants that it will exercise extreme care and high standards to achieve the desired results in accordance with standards and procedures agreeable to and accepted by the parties. In the event the material is non-conforming and the Material Review Board determines that the Supplier is responsible for the non-conformance in accordance with the provisions of Paragraph 6.d, Material Non-Conformance, Supplier and Company shall mutually agree to one (or a combination of) the following remedies: a) Supplier replacing non-conforming material with conforming material at no additional cost to Company; b) Supplier remediating unacceptable performance at no additional expense to Company; or c) Supplier refunding or crediting to Company any fees paid or payable by Company in connection with Supplier's unacceptable performance. In the event material is non-conforming and the Material Review Board determines that the Company is responsible for the non-conformance in accordance with the provisions of Xxxxxxxxx 0x, Xxxxxxxx Xxx-Xxxxxxxxxxx, the Company shall make payment to the Supplier of all fees due to the Supplier under this Agreement in respect of such non-conforming material. Should United States regulatory requirements change during the course of Supplier's performance of manufacturing services hereunder, Supplier will make every reasonable effort to meet the new requirements. In the event that modified regulatory requirements necessitate revisions in the manufacturing process, Supplier will submit to Company a revised technical proposal and cost estimate, for which, if necessary, the parties will further negotiate and to which the parties will mutually agree.

Material Warranty. Supplier warrants that it will exercise extreme care and high standards to achieve the desired results in accordance with standards and procedures agreeable to and accepted by the parties. In the event the material is non-conforming and the Material Review Board determines that the Supplier is responsible for the non-conformance in accordance with the provisions of Paragraph 6.d, Material Non-Conformance, Supplier and Company shall mutually agree to one (or a combination of) the following remedies: a) Supplier replacing non-conforming material with conforming material at no additional cost to Company; b) Supplier remediating unacceptable performance at no additional expense to Company; or c) Supplier refunding or crediting to Company any fees paid or payable by Company in connection with Supplier's unacceptable performance. In the event material is non-conforming and the Material Review Board determines that the Company is responsible for the non-conformance in accordance with the provisions of Xxxxxxxxx Paraxxxxx 0x, Xxxxxxxx Xxx-Xxxxxxxxxxx, the Company shall make payment to the Supplier of all fees due to the Supplier under this Agreement in respect of such non-conforming material. Should United States regulatory requirements change during the course of Supplier's performance of manufacturing services hereunder, Supplier will make every reasonable effort to meet the new requirements. In the event that modified regulatory requirements necessitate revisions in the manufacturing process, Supplier will submit to Company a revised technical proposal and cost estimate, for which, if necessary, the parties will further negotiate and to which the parties will mutually agree.