Common use of Product Specifications; Testing Clause in Contracts

Product Specifications; Testing. (a) The Parties agree and acknowledge that the Specifications will be developed and defined by Aviron after the Effective Date and following validation and qualification, subject to input, review and approval by PCI. Each Party agrees to act in good faith in defining and finalizing the Specifications. Once finalized, the Specifications will be appended to this Agreement as Appendix 3. The Parties further agree and acknowledge that the final piece price to be charged Aviron for the Product under Section 13.1. can be determined only after the final Specifications have been agreed upon. The Parties acknowledge that, once agreed upon, the Specifications set forth in Appendix 3 may need to be refined and modified as the Parties gain experience with [ * ] Production, testing and use of Product. Accordingly, the Parties agree to negotiate in good faith to modify Appendix 3 from time to time as the Parties' experience with Primary and Secondary Production, testing and use of Product warrant; and PCI further agrees that it will facilitate changes to Appendix 3 that are necessary or appropriate in light of FDA or other regulatory requirements. The Parties agree to allocate on an equitable basis any special costs of developing and implementing revised procedures. (b) Product supplied hereunder will conform to the Specifications, and such conformance will be verified in accordance with the testing standards and procedures specified therein. PCI will forward a sample of each batch of Product to Aviron for testing and supply Aviron with a certificate of analysis ("Certificate of Analysis") confirming that such Product meets the Specifications.