Common use of Packaging Errors Clause in Contracts

Packaging Errors. Auxilium shall not be liable for any error in label or packaging design or text, unless such error is the result of Auxilium’s error made after Bayer has approved the packaging vendor proof. Bayer shall be responsible for all costs resulting ** CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND WILL BE FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A CONFIDENTIAL TREATMENT REQUEST. from any change in label or packaging design or text required by Bayer other than costs incurred to correct any error attributable to Auxilium.