Nonconformity. In the event that either party becomes aware ------------- that any shipment of Products has a Nonconformity, despite Supplier's testing and quality assurance activities and despite GWI's acceptance under Section 9.3(a) below, such party shall immediately notify the other party. "Nonconformity" shall mean a product characteristic attributable to Supplier's failure to manufacture, test, package or store any Product in accordance with the Specifications and CGMP which was not discovered prior to release of such Product. [*] = CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.
Appears in 2 contracts
Sources: Supply Agreement (Catalytica Inc), Supply Agreement (Catalytica Inc)