Product Failure. This Agreement may be terminated immediately by either Party on [*] days written notice to the other Party in the event of a Product Failure.
Product Failure. Subject to this Section 5, in the event of an Product Failure to any licensed Ethernet or a failure to meet any performance parameters set forth in Section 5.2 B, C or D below, Licensee may be entitled to a Product Credit in accordance with the applicable Quality Level Objective set forth in section 5.2 below. A Product Failure shall be deemed to begin upon the earlier of Company’s actual knowledge of the Product Failure or Company’s receipt of notice from Licensee of the Product Failure, and end when the Ethernet is operational and in material conformance with the applicable Specifications, as documented by Company’s records. Notwithstanding anything to the contrary in this Supplement, the Agreement or any Order Form, in no event shall a Product Failure, defect or failure to meet any objectives or parameters under this Supplement be deemed to be or constitute a breach by Company of this Supplement, the Agreement or any Order Form.
Product Failure. In the event that any the Contract Wafer fails to pass Company’s inspection, or Company otherwise determines that any the Contract Wafer or any Die thereon fails to meet any of the Wafer Standards, Company will give TSMC NA notice of the defective the product. The Parties shall then follow TSMC’s then standard RMA procedure to determine the failure mechanism, proposed corrective action, and any product returns.
Product Failure. In the event that any Wafer fails to pass WJ’s inspection, or WJ otherwise determines that any Wafer fails to meet the Wafer Standards, WJ will give GCS notice of the defective Wafer and GCS shall use commercially reasonable efforts to resolve the matter. WJ shall have no financial responsibility for defective Wafers.
Product Failure. Edge may terminate this Agreement immediately upon notice to Oakwood in the event that (a) any Regulatory Authority requires or causes the withdrawal of the Product or (b) Edge ceases to develop or commercialize the Product; provided, that in the case of a termination under clause (b) prior to completion of the Project Plan (as defined in the Development Agreement) attached to the Development Agreement as Exhibit A-7, Edge will pay to Oakwood the Termination Fee (as defined in the Development Agreement).
Product Failure. If the Product is found to be not safe or efficacious by ABBOXX, xxen ABBOXX xxx terminate this Agreement upon thirty (30) days written notice to SONUS, subject to applicable indemnification as set forth in Article 12.1.
Product Failure. This Agreement may be terminated immediately by Allos on written notice if no Product will be marketed or further developed, or if in Allos’s opinion the supply or use of the API might result in liability for infringement of patents or other Intellectual Property Right. If terminated by Allos for such causes, then unless agreed otherwise, all Purchase Orders accepted by Hovione by the date the termination notice is provided and not subject to cancellation shall be fulfilled; provided that Allos may “buy-out” the purchase of those Lots by paying Hovione an amount determined by the manner provided under Section 11.3(a)(i) below, plus the amount of gross profit Hovione would have realized on the those Lots of API if they had been purchased by Allos.
Product Failure. Warnxx-Xxxxxxx xxxll immediately notify Santen of any test results indicating a failure to meet the Product Specifications or irregularities, deviations, environmental excursions or other problems encountered while Processing Products hereunder and shall reasonably cooperate with Santen in reaching a resolution of such matters. In the event that any Product Lot is not Processed in accordance with the MBR or other applicable Legal Requirements, Warnxx-Xxxxxxx xxxll, at Santen's request, perform new Processing as necessary to fulfill any then outstanding Purchase Orders. Warnxx-Xxxxxxx xxxll be fully responsible for the costs of any BPS or Raw Materials required for such new Processing, subject to the limitation in Section 15.3. Warnxx-Xxxxxxx xxxll retain and make available to Santen such reserve samples of each Product Lot, as specified by Santen, in accordance with applicable Legal Requirements. In addition, whether or not required by applicable Legal Requirements, Warnxx-Xxxxxxx xxxll retain and make available to Santen the foregoing samples of each Product Lot, for a period of five (5) years after the expiration date of the Product Lot concerned.
Product Failure. If SAIC submits certain Products which have failed during SAIC test attempt or during normal operation along with information describing failure, ODS shall promptly investigate and attempt to determine the nature and cause of the failure and shall take appropriate corrective action to prevent reoccurrence of a diagnosed failure.
Product Failure. 35 5.20 SUBCONTRACTS....................................................36 5.21 CLINICAL PRODUCT SUPPLY.........................................37
