Common use of Recalls and Market Withdrawals Clause in Contracts

Recalls and Market Withdrawals. (a) If at any time during the Exclusive Period (i) any governmental or regulatory authority in the Territory issues a request, directive, or order that the Product be recalled or withdrawn, or (ii) a court of competent jurisdiction orders such a recall or withdrawal in the Territory, or (iii) either Party determines in its sole discretion that the Product should be recalled or withdrawn, the Parties shall take all appropriate corrective actions. The final decision of a Party to recall pursuant to (iii) of this subsection shall not be subject to arbitration under Article 13 of this Agreement (or any other legal action, subject to Section 13(g)), although the consequences to the other Party of any improper decision shall be subject to arbitration.