Common use of Purity Clause in Contracts

Purity. On a plate basis the average purity of Compounds shall be at least [***]%, with no Compounds being less then [***]% pure. Chemical identity and overall purity of each Compound ([***]) WITH [***] compliance should be provided by Array with analytical data on CD ROM. Pfizer shall have an opportunity to review this analytical information prior to selecting each Library. Pfizer shall have no obligation to incur any cost for, or to accept any Compound for which these data are not provided or which do not support structural confirmation or which otherwise fail to meet the specifications set forth in this exhibit, unless otherwise agreed by both Parties in writing, provided also that such a defect will be reported by Pfizer within 30 days from the receipt of non-conforming Compounds, otherwise, such Compounds shall be deemed satisfactory. Array 's liability for providing non-conforming Compounds to either replacing it with a conforming Compound or, at Pfizer's discretion, promptly refunding the purchase price paid, if any, for non-conforming Compounds.