Product Responsibility. MDC and BuildNet acknowledge that neither advocates or endorses the purchase or the use of any of the products or services offered by the other through their respective World Wide Web sites or otherwise, nor do they guaranty the quality, fitness or results of any such products or their compliance with any law or regulation.
Product Responsibility. Without limiting each Party’s respective obligations under the Assumed Liabilities and Excluded Liabilities as set forth under Section 1.2 and Section 1.3:
Product Responsibility. 5.1. Title to the Goods handled by LFL and the ensuing risks of ownership shall, at all times, remain with CLIENT.
Product Responsibility. It is specifically agreed that all manufacturing, packaging and other work required to produce and deliver to the Licensee and its customers commercially acceptable Product shall be the sole responsibility of the Licensor. All warranty and after-market service shall be performed solely by the Licensor and at its cost.
Product Responsibility. (a) Except as otherwise set forth in this Termination Agreement or in the Supply Agreement, as applicable, from and after the Transition Period End Date, XenoPort shall have the sole control and responsibility for (i) all regulatory matters with respect to Product, including without limitation relating to communicating and corresponding, preparing and filing reports, making adverse drug experience reports, and paying applicable fees, with and to applicable Regulatory Authorities, under all Applicable Laws, including the United States Federal Food, Drug and Cosmetic Act, as amended from time to time, including all regulations promulgated thereunder, the Prescription Drug Marketing Act of 1987, and the Prescription Drug User Fee Act of 1992; (ii) taking all actions and conducting all communication with Third Parties in respect of Product (whether sold before or after the Transition Period End Date), including responding to all complaints in respect thereof (except for any complaints managed by GSK as set forth below in Section 5.14(b)) and all medical information requests; and (iii) investigating all complaints and adverse drug experiences in respect of Product (except for any complaints managed by GSK as set forth below in Section 5.14(b)).
Product Responsibility. Title to Product shall not pass to Willxxxx. Xxllxxxx xxxll not be responsible for chemical deterioration or oxidation of products resulting from stagnant storage of Product, and in no event shall Willxxxx xx liable as an insurer of product. Willxxxx xxxll not be liable for any damage or loss to Customer's Product (including without limitation damage or loss caused by fire, leakage, contamination or other similar cause), except to the extent that such damage or loss results from the sole negligence or willful act or omission of Willxxxx xx its employees. In receiving from marine vessels, trucks, rail cars, or pipelines, Customer shall be responsible for product until it enters Willxxxx'x xxxed dock flange, pipeline receiving flange, or receiving hose, as the case may be. In delivering to marine vessels, trucks, rail cars, or pipelines, Customer shall be responsible for Product when it leaves Willxxxx'x xxxed dock flange, pipeline delivery flange, or delivery hose, as the case may be. Notwithstanding any other provisions of this Agreement regarding losses, the parties agree that Willxxxx, xx otherwise liable pursuant to this agreement with respect to any lost or damaged product, shall in no event be liable for more than the lesser of either (a) the actual cost of product to Customer, or (b) the market value at the time of loss, less salvage value. If any of Customer's product is sold, exchanged, or otherwise not owned by Customer while in storage at the terminal, Customer shall nonetheless be deemed the owner thereof for purposes of this Agreement. Customer shall continue to be responsible for, without limitation, all charges, taxes, terms and conditions of this agreement as if such product were owned by Customer. Willxxxx xxx Customer agree that, unless specifically set forth otherwise in this Agreement, any demurrage on marine vessels, rail cars or trucks is for the account of Customer.
Product Responsibility. Buyer must keep Scanflow free of harm to the extent that Scanflow is liable toward third persons for such damage and loss which Scanflow after this point is not responsible for towards Buyer. Scanflow is not responsible for damages caused by the material a) on real estate or movable property, which occurs while the material is in the possession of the Buyer, b) on products made by the Buyer, or on products in which these are included. The mentioned limitations in Scanflow’s responsibility are not applicable if Scanflow are guilty of gross negligence. If a third person has claims of replacement responsibility towards one of the parts in coordinance with this point, this part must immediately be informed.
Product Responsibility a. To the extent permitted by law, ROCHE is responsible, at its cost, for taking all actions with respect to the Product as would normally be conducted to market a major ethical pharmaceutical product in the United States. These actions include: preparing training materials and advertisement; taking final responsibility with respect to detailing and promotional strategies; receiving orders, booking sales, invoicing, distributing Product, handling returns, recalls, inventory and receivables of Product; and communicating with governmental agencies regarding post approval activity and issues.
Product Responsibility. 8.4.1 Except as otherwise set forth in this Agreement, from and after the Transition Date, Purchasers shall be solely responsible for (i) all regulatory matters with respect to the Product and the Purchased Assets, including without limitation relating to communicating and corresponding, preparing and filing reports, making adverse drug experience reports, and paying applicable fees, with and to applicable Governmental Authorities, under all applicable legal requirements including the Act, the PDMA, and the Prescription Drug User Fee Act of 1992; (ii) taking all actions and conducting all communication with Third Parties in respect of Product (whether sold before or after the Closing), including responding to all complaints in respect thereof and all medical information requests, including complaints related to tampering or contamination; and (iii) investigating all complaints and adverse drug experiences in respect of the Product (whether sold before or after the Closing).
Product Responsibility. (a) Except as otherwise set forth in this Agreement or any Ancillary Agreement, from and after the Closing Date as between Purchaser and the Transferred Entities, on the one hand, and the Sellers, on the other hand, Purchaser and the Transferred Entities shall be solely responsible for (i) all regulatory matters with respect to the Transferred Products and the other Transferred Assets, including relating to communicating and corresponding, preparing and filing reports, making adverse drug experience reports, and paying applicable fees, with and to applicable Governmental Entities, under all applicable legal requirements; (ii) taking all actions and conducting all communication with third parties in respect of the Transferred Products (whether sold before or after the Closing Date), including responding to all complaints in respect thereof and all medical information requests, including complaints related to tampering or contamination; and (iii) investigating all complaints and adverse drug experiences in respect of the Transferred Products, in each case, whether sold before or after the Closing Date.
