Common use of Product Claims Clause in Contracts

Product Claims. Client has the right to reject any portion of any shipment of Products that deviate from the Specifications, cGMPs, or Applicable Laws, without invalidating any remainder of the shipment. Client will inspect the Products manufactured by Patheon promptly upon receipt and will give Patheon written notice (a "Deficiency Notice") of all claims for Products that deviate from the Specifications, cGMPs, or Applicable Laws, within [**] days after Client’s receipt thereof (or, in the case of Master Manufacturing Services Agreement any defects not reasonably susceptible to discovery upon receipt of the Product, within [**] days after discovery by Client, but not after [**] months following the expiration date of the Product, provided that any notification after the expiration date relates to an underlying event giving rise to a claim that occurred on or before the expiration date). Should Client fail to give Patheon the Deficiency Notice within the applicable [**] day period, then the delivery will be deemed to have been accepted by Client on the [**] day after delivery or discovery, as applicable.

Appears in 2 contracts

Samples: Product Agreement (Tetraphase Pharmaceuticals Inc), Product Agreement (La Jolla Pharmaceutical Co)

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Product Claims. Client has the right to reject any portion of any shipment of Products that deviate deviates from the Specifications, cGMPs, or Applicable Laws, or is otherwise not compliant with FDA requirements, without invalidating any remainder of the shipment. Client will inspect the Products manufactured by Patheon promptly upon receipt and will give Patheon written notice (a "Deficiency Notice") of all claims for Products that deviate from the Specifications, cGMPs, or Applicable Laws, Laws within [***] days after Client’s receipt thereof (or, in the case of Master Manufacturing Services Agreement any defects not reasonably susceptible to discovery upon receipt of the Product, within [***] days after discovery by Client, but not after [**] months following the expiration date of the Product, provided that any notification after the expiration date relates to an underlying event giving rise to a claim that occurred on or before the expiration date). Should Client fail to give Patheon the Deficiency Notice within the applicable [***] day period, then the delivery will be deemed to have been accepted by Client on the [***] day after delivery or discovery, as applicable. Except as set out in Section 6.3, Patheon will have no liability for any deviations for which it has not received notice within the applicable [***] day period.

Appears in 2 contracts

Samples: Manufacturing Services Agreement (Santarus Inc), Manufacturing Services Agreement (Santarus Inc)

Product Claims. Client has the right to reject any portion of any shipment of Products Product that deviate from was not manufactured in accordance with the Specifications, cGMPs, or Applicable Laws, without invalidating any remainder of the shipment. Client will inspect the Products Product manufactured by Patheon promptly immediately upon receipt and will give Patheon written notice (a "Deficiency Notice") of all claims for Products Product that deviate from was not manufactured in accordance with the Specifications, cGMPs, or Applicable Laws, within [**] days after Client’s receipt thereof (or, in the case of Master Manufacturing Services Agreement any defects not reasonably susceptible to discovery upon receipt of the Product, within [**] days after discovery by Client, but not after [**] months following the expiration date of the Product, provided that any notification after the expiration date relates to an underlying event giving rise to a claim that occurred on or before the expiration date). Should If Client fail fails to give Patheon the Deficiency Notice within the applicable [**] day ]-day period, then the delivery will be deemed to have been accepted by Client on the [**] day after delivery or discovery, as applicable. Patheon will have no liability for any deficiency for which it has not received notice within the applicable [**]-day period.

Appears in 1 contract

Samples: Manufacturing Services Agreement (Nabriva Therapeutics PLC)

Product Claims. Client has the right to reject any portion of any shipment of Products Product that deviate deviates from the Specifications, cGMPs, Specifications or was not manufactured in accordance with cGMPs or Applicable Laws, Laws without invalidating any remainder of the shipment. Client or its designee will inspect the Products manufactured by Patheon promptly upon receipt and will use commercially reasonable efforts to give Patheon written notice (a "Deficiency Notice") of all claims for Products that deviate from the Specifications, cGMPs, or Applicable Laws, Laws within [**] days after Client’s or its designee’s receipt thereof (or, in the case of Master Manufacturing Services Agreement any defects not reasonably susceptible to discovery upon receipt of the Product, within [**] days after discovery by Client, but not after [**] months following the expiration date of the Product, provided that any notification after the expiration date relates to an underlying event giving rise to a claim that occurred on or before the expiration date). Should Client fail to give Patheon the Deficiency Notice within the applicable [**] day period, then the delivery will be deemed to have been accepted by Client on the [**] day after delivery or discovery, as applicable. Patheon will have no liability for any deviations for which it has not received notice within the applicable period.

Appears in 1 contract

Samples: Product Agreement (Jazz Pharmaceuticals PLC)

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Product Claims. (i) Client has the right to reject may claim a remedy (a “Product Claim”) for any portion of any shipment batch of Products Product that deviate from does not comply with the SpecificationsProduct Warranty or for which Patheon did not perform the Manufacturing Services in accordance with the then-current Processing Instructions, cGMPs, or Applicable Laws, without invalidating any remainder of the shipmentLaws (“Deficient Product”). Client will inspect the Products Product manufactured by Patheon Patheon, or batch documentation provided by Patheon, promptly upon after receipt and will give Patheon written notice (a "Deficiency Notice") of all claims for Products that deviate from the Specifications, cGMPs, or Applicable Laws, Product Claims within [***] days after Client’s receipt thereof (or, in the case of Master Manufacturing Services Agreement any defects not reasonably susceptible to discovery upon receipt of the Productby such inspection process, within [***] days after discovery by Client, but not after [**] months following the expiration date of the Product, provided that any notification after the expiration date relates to an underlying event giving rise to . If Client does not provide a claim that occurred on or before the expiration date). Should Client fail to give Patheon the Deficiency Notice Product Claim within the applicable [**] 30 day period, then the delivery Product will be deemed considered to have been accepted by Client on the [**] 31st day after delivery or discoveryof such period. Except as set forth in Section 10.3, as applicablePatheon will have no liability for any deficiency for which Client has not sent such notice within the applicable 30 day period.

Appears in 1 contract

Samples: Product Agreement (Cara Therapeutics, Inc.)

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