Common use of Reasonable Allocation of Risk Clause in Contracts

Reasonable Allocation of Risk. The parties acknowledge and agree that the provisions of this Agreement (including, without limitation, this Article 10) are reasonable and create a reasonable allocation of risk having regard to the relative profits the parties respectively expect to derive from the Product, and that Patheon, in its fees for the provision of the Manufacturing Services, has not accepted a greater degree of the risks arising from the manufacture, distribution and use of the Product, based on the fact that the Client has developed and holds the marketing approval for the Product and requires Patheon to manufacture and label the Product strictly in accordance with the Specifications, and that the Client and not Patheon is in a position to inform and advise potential users of the Product as to the circumstances and manner of use of the Product.

Reasonable Allocation of Risk. The parties acknowledge and agree that the provisions of this Agreement (including, without limitation, this Article 10) are reasonable and create a reasonable allocation of risk having regard to the relative profits the parties respectively expect to derive from the ProductProducts, and that Patheon, in its fees for the provision of the Manufacturing Services, has not accepted a greater degree of the risks arising from the manufacture, distribution and use of the ProductProducts, based on the fact that the Client Éclat has developed and holds the marketing approval for the Product Products and requires Patheon to manufacture and label the Product Products strictly in accordance with the Specifications, and that the Client Éclat and not Patheon is in a position to inform and advise potential users of the Product Products as to the circumstances and manner of use of the ProductProducts.

Reasonable Allocation of Risk. The parties acknowledge and agree that the provisions of this This Agreement (including, without limitation, this Article Section 10) are is reasonable and create creates a reasonable allocation of risk having regard to for the relative profits the parties respectively each expect to derive from the ProductProduct assuming the Product is correctly manufactured, stored and that Patheon, delivered by Patheon in its fees for accordance with the provision terms and conditions of the Manufacturing Services, has not accepted this Agreement. Patheon assumes only a greater limited degree of the risks risk arising from the manufacture, distribution distribution, and use of the Product, based on the fact that the Product because Client has developed and holds the marketing approval for the Product and Product, Client requires Patheon to manufacture and label the Product strictly in accordance with the SpecificationsProcessing Instructions, and that the Client and Client, not Patheon Patheon, is in a position best positioned to inform and advise potential users of the Product as to about the circumstances and manner of use of the Product.