Non-Conformance. 8.9.2.1 If either Party becomes aware that any Compound may have a Non- Conformance, despite testing and quality assurance activities (including any activities conducted by the Parties under Section 8.9.1 (After Manufacturer’s Release)), such Party shall immediately notify the other Party. Notification related to MSD Compound shall be in accordance with the Clinical Supply Quality Agreement. MSD shall investigate any Non-Conformance of the MSD Compound in accordance with the Clinical Supply Quality Agreement. 8.9.2.2 If all or any portion of any proposed or actual shipment of the MSD Compound is agreed to be Non-Conforming at the time of Delivery to Collaborator then MSD shall replace any such Non-Conforming MSD Compound that has not been administered. [***]. MSD shall have no obligation to provide additional MSD Compound more than once. MSD shall have no obligation to immediately replace in-kind and quantity MSD Compound that is expiring or has expired while in the Collaborator’s possession. Collaborator must discuss this situation with MSD. Except as set forth in this Section 8.9.2.2. MSD shall have no obligation to replace any MSD ▇▇▇▇▇▇▇▇ supplied hereunder. 8.9.2.3 Collaborator shall be responsible for, and MSD shall have no obligation or liability with respect to, any Collaborator Compound that is found to have a Non-Conformance. Collaborator shall replace any such Collaborator Compound that has not been administered. The sole and exclusive remedies of MSD with respect to any Collaborator Compound that is found to have a Non-Conformance at the time of Delivery shall be: [***].
Appears in 2 contracts
Sources: Clinical Trial Collaboration and Supply Agreement (Eikon Therapeutics, Inc.), Clinical Trial Collaboration and Supply Agreement (Eikon Therapeutics, Inc.)
Non-Conformance. 8.9.2.1 If 8.9.2.1. In the event that either Party becomes aware that any Compound may have a Non- Non-Conformance, despite testing and quality assurance activities (including any activities conducted by the Parties under Section 8.9.1 (After Manufacturer’s Release)), such Party shall immediately notify the other Party. Notification related to MSD Compound shall be in accordance with the Clinical Supply Quality Agreement. MSD shall investigate any Non-Conformance of the MSD Compound in accordance with the Clinical Supply Quality Agreement.
8.9.2.2 If 8.9.2.2. In the event that all or any portion of any proposed or actual shipment of the MSD Compound is agreed to be Non-Conforming at the time of Delivery to Collaborator then MSD shall replace any such Non-Conforming MSD Compound that has not been administered. The sole and exclusive remedies of Collaborator with respect to any MSD Compound that is found to be Non-Conforming at the time of Delivery shall be: [***]. In the event MSD Compound is lost or damaged by Collaborator after Delivery, MSD shall [***]; provided that [***]. MSD shall have no obligation to provide additional MSD Compound more than once. MSD shall have no obligation to immediately replace in-kind and quantity MSD Compound that is expiring or has expired while in the Collaborator’s possession. Collaborator must discuss this situation with MSD[***]. Except as set forth in this Section 8.9.2.2. , MSD shall have no obligation to replace any MSD ▇▇▇▇▇▇▇▇ supplied hereunder[***].
8.9.2.3 8.9.2.3. Collaborator shall be responsible for, and MSD shall have no obligation or liability with respect to, any Collaborator Compound that is found to have a Non-Conformance. Collaborator shall replace any such Collaborator Compound that has not been administered. The sole and exclusive remedies of MSD with respect to any Collaborator Compound that is found to have a Non-Conformance at the time of Delivery shall be: [***].
Appears in 1 contract
Sources: Clinical Trial Collaboration and Supply Agreement (Evaxion Biotech a/S)
Non-Conformance. 8.9.2.1 8.9.2.1. If either Party becomes aware that any Compound may have a Non- Non-Conformance, despite testing and quality assurance activities (including any activities conducted by the Parties under Section 8.9.1 (After Manufacturer’s Release)), such Party shall immediately notify the other Party. Notification related to MSD Compound shall be in accordance with the Clinical Supply Quality Agreement. MSD shall investigate any Non-Conformance of the MSD Compound in accordance with the Clinical Supply Quality Agreement.
8.9.2.2 8.9.2.2. If all or any portion of any proposed or actual shipment of the MSD Compound is agreed to be Non-Conforming at the time of Delivery to Collaborator Collaborator, then MSD shall replace any such Non-Conforming MSD Compound that has not been administered. [***]
8.9.2.3. MSD shall have no obligation to provide additional MSD Compound more than once. MSD shall have no obligation to immediately replace in-kind and quantity MSD Compound that is expiring or has expired while in the Collaborator’s possession. Collaborator must discuss this situation with MSD. Except as set forth in this Section 8.9.2.2. , MSD shall have no obligation to replace any MSD ▇▇▇▇▇▇▇▇ supplied hereunder.
8.9.2.3 . Collaborator shall be responsible for, and MSD shall have no obligation or liability with respect to, any Collaborator Compound that is found to have a Non-Conformance. Collaborator shall replace any such Collaborator Compound that has not been administered. The sole and exclusive remedies of MSD with respect to any Collaborator Compound that is found to have a Non-Conformance at the time of Delivery shall be: [***].
Appears in 1 contract
Sources: Clinical Trial Collaboration and Supply Agreement (Eikon Therapeutics, Inc.)
Non-Conformance. 8.9.2.1 If 8.9.2.1. In the event that either Party becomes aware that any Compound may have a Non- Non-Conformance, despite testing and quality assurance activities (including any activities conducted by the Parties under Section 8.9.1 (After Manufacturer’s Release)), such Party shall immediately notify the other Party. Notification related to MSD Compound shall be in accordance with the Clinical Supply Quality Agreement. MSD shall investigate any Non-Conformance of the MSD Compound in accordance with the Clinical Supply Quality Agreement.
8.9.2.2 If 8.9.2.2. In the event that all or any portion of any proposed or actual shipment of the MSD Compound is agreed to be Non-Conforming at the time of Delivery to Collaborator then MSD shall replace any such Non-Conforming MSD Compound that has not been administered. The sole and exclusive remedies of Collaborator with respect to any MSD Compound that is found to be Non-Conforming at the time of Delivery shall be: [***]. In the event MSD Compound is lost or damaged by Collaborator after Delivery, MSD shall [***]; provided that [***]. MSD shall have no obligation to provide additional MSD Compound more than once. MSD shall have no obligation to immediately replace in-kind and quantity MSD Compound that is expiring or has expired while in the Collaborator’s possession. Collaborator must discuss this situation with MSD[***]. Except as set forth in this Section 8.9.2.2. , MSD shall have no obligation to replace [***] any MSD ▇▇▇▇▇▇▇▇ supplied hereunder.
8.9.2.3 8.9.2.3. Collaborator shall be responsible for, and MSD shall have no obligation or liability with respect to, any Collaborator Compound that is found to have a Non-Conformance. Collaborator shall replace any such Collaborator Compound that has not been administered. The sole and exclusive remedies of MSD with respect to any Collaborator Compound that is found to have a Non-Conformance at the time of Delivery shall be: [***].
Appears in 1 contract
Sources: Clinical Trial Collaboration and Supply Agreement (IMMUTEP LTD)
Non-Conformance. 8.9.2.1 If 8.9.2.1. In the event that either Party becomes aware that any Compound may have a Non- Non-Conformance, despite testing and quality assurance activities (including any activities conducted by the Parties under Section 8.9.1 (After Manufacturer’s Release)), such Party shall immediately notify the other Party. Notification related to MSD Compound shall be in accordance with the Clinical Supply Quality Agreement. MSD shall investigate any Non-Conformance of the MSD Compound in accordance with the Clinical Supply Quality Agreement.
8.9.2.2 If 8.9.2.2. In the event that all or any portion of any proposed or actual shipment of the MSD Compound is agreed to be Non-Conforming at the time of Delivery to Collaborator then MSD shall replace any such Non-Conforming MSD Compound that has not been administered. [***]. In the event MSD Compound is lost or damaged by Collaborator after Delivery, MSD shall [***]: [***] Certain information in this document has been excluded pursuant to Regulation S-K, Item 601(b)(10). Such excluded information is not material and would likely cause competitive harm to the registrant if publicly disclosed. [***] MSD shall have no obligation to provide additional MSD Compound more than once. MSD shall have no obligation to immediately replace in-kind and quantity MSD Compound that is expiring or has expired while in the Collaborator’s possession. Collaborator must discuss this situation with MSD. Except as set forth in this Section 8.9.2.2. , MSD shall have no obligation to replace any MSD ▇▇▇▇▇▇▇▇ supplied hereunder.
8.9.2.3 8.9.2.3. Collaborator shall be responsible for, and MSD shall have no obligation or liability with respect to, any Collaborator Compound that is found to have a Non-Conformance. Collaborator shall replace any such Collaborator Compound that has not been administered. The sole and exclusive remedies of MSD with respect to any Collaborator Compound that is found to have a Non-Conformance at the time of Delivery shall be: [***].
Appears in 1 contract
Sources: Clinical Trial Collaboration and Supply Agreement (IDEAYA Biosciences, Inc.)
Non-Conformance. 8.9.2.1 If either Party becomes aware that any Compound may have a Non- Non-Conformance, despite testing and quality assurance activities (including any activities conducted by the Parties under Section 8.9.1 (After Manufacturer’s Release)), such Party shall immediately notify the other Party. Notification related to MSD Compound shall be in accordance with the Clinical Supply Quality Agreement. MSD shall investigate any Non-Conformance of the MSD Compound in accordance with the Clinical Supply Quality Agreement.
8.9.2.2 If all or any portion of any proposed or actual shipment of the MSD Compound is agreed to be Non-Conforming at the time of Delivery to Collaborator then MSD shall replace any such Non-Conforming MSD Compound that has not been administered. [***]. ] MSD shall have no obligation to provide additional MSD Compound more than once. MSD shall have no obligation to immediately replace in-kind and quantity MSD Compound that is expiring or has expired while in the Collaborator’s possession. Collaborator must discuss this situation with MSD. Except as set forth in this Section 8.9.2.2. , MSD shall have no obligation to replace any MSD ▇▇▇▇▇▇▇▇ supplied hereunder.
8.9.2.3 Collaborator shall be responsible for, and MSD shall have no obligation or liability with respect to, any Collaborator Compound that is found to have a Non-Conformance. Collaborator shall replace any such Collaborator Compound that has not been administered. The sole and exclusive remedies of MSD with respect to any Collaborator Compound that is found to have a Non-Conformance at the time of Delivery shall be: [***].
Appears in 1 contract
Sources: Clinical Trial Collaboration and Supply Agreement (Eikon Therapeutics, Inc.)