Common use of Product Formulation Clause in Contracts

Product Formulation. To the best of Ista's knowledge as of the Effective Date (other than as disclosed in writing to Allergan by way of a disclosure letter on the Effective Date), there are no defects in design or formulation of the Product which would adversely and unduly affect its performance or create an unusual and undue risk of injury to person or property beyond those as may be expected from a pharmaceutical product which has not received marketing approval in the United States.