Records and Recall. Medtronic shall maintain complete and accurate records of all Products sold by Medtronic in sufficient detail to enable Supplier to conduct an effective recall of Products purchased by Medtronic under this Agreement if Supplier determines that such a recall is required or otherwise necessary or appropriate. In the event of a recall of any of the Products by Supplier, Medtronic will cooperate with and assist Supplier in effecting such recall, including promptly contacting any purchasers that Supplier reasonably desires to be contacted and promptly communicating to such purchasers the information or instructions Supplier reasonably desires to be transmitted relating to such recall. Medtronic shall be responsible for all costs of effecting such recall of Products, including any shipping costs related to returning recalled Products to Supplier and replacing such recalled Products with new Products, except, such costs shall instead be paid by Supplier (directly or through reimbursement of Medtronic for costs reasonably incurred by Medtronic) where the recall relates to a matter for which Supplier would be required to indemnify Medtronic under Article 7 of this Agreement. Notwithstanding the foregoing, Medtronic shall control any recall of any products sold by Medtronic to third parties that may incorporate the Product.
Records and Recall. In the event of a recall of any of Product as a result of the inclusion of any Composition, Eden will cooperate with and assist PHC in effecting such recall. PHC will pay, or reimburse Eden, for all reasonable out-of-pocket expenses of effecting such recall of Products distributed by Eden under this Agreement, including any shipping costs related to returning recalled Products to PHC and replacing such recalled Products with new Products at PHC’s expense; provided, however, that if the recall will have been caused by (a) any component of the Product other than the Compositions; or (b) any breach of or default under this Agreement by Eden or any of its subdistributors, then Eden will bear all the costs and expenses of the recall.
Records and Recall. Medtronic shall maintain complete and accurate records of all Products sold by Medtronic and its subdistributors in sufficient detail to enable MacroPore to conduct an effective recall of Products if MacroPore determines that such a recall is required or otherwise necessary or appropriate. Medtronic shall not initiate a recall of Products without MacroPore's prior written consent, which consent shall not be unreasonably withheld. In the event of a recall of any of the Products, Medtronic will cooperate with and assist MacroPore in effecting such recall, including promptly contacting any purchasers that MacroPore reasonably desires to be contacted and promptly communicating to such purchasers the information or instructions MacroPore reasonably desires to be transmitted relating to such recall, all of which customer contact and communication shall be conducted by Medtronic at its own expense. Notwithstanding the foregoing, MacroPore shall pay, or reimburse Medtronic, for all other costs of effecting such recall, including any shipping costs related to returning recalled Products to MacroPore and replacing such recalled Products with new Products at MacroPore's expense. In addition, upon MacroPore's request, Medtronic shall provide MacroPore with access to Medtronic's records of sales of Products in the event of Product recall or other quality related issue. During the Term of this Agreement, Medtronic also shall promptly forward all Product complaints which it receives to MacroPore. Medtronic shall make available to MacroPore for inspection Medtronic's process and records for adverse events and other regulatory reporting purposes at mutually agreed upon time and further shall ensure that Medtronic's processes comply with all applicable laws and regulations.
Records and Recall. Medtronic shall maintain complete and accurate records of all Developed Products sold by Medtronic and its subdistributors in sufficient detail to enable Medtronic to conduct an effective recall of Developed Products if Medtronic determines that such a recall is required or otherwise necessary or appropriate. In the event of a recall of any of the Developed Products, MacroPore will cooperate with and assist Medtronic in effecting such recall.
Records and Recall. ATS shall, or shall cause its subdistributor to, maintain complete and accurate records of all Products sold by ATS and any subdistributors appointed pursuant to Section 2.3. In the event of a recall of any of the Products, ATS and any subdistributor will cooperate reasonably with Novare in effecting such recall.
Records and Recall. Medtronic shall maintain complete and accurate ------------------ records of all Products sold by Medtronic and its subdistributors in sufficient detail to enable Somnus to conduct an effective recall of Products if Somnus determines that such a recall is required or otherwise necessary or appropriate. In addition, Medtronic shall provide to Somnus a list of all institutional customers and, when known to Medtronic, end user customers including their names, addresses and telephone numbers on a quarterly basis during the Term. Medtronic shall not initiate a recall of Products without Somnus' prior written consent, which consent shall not be unreasonably withheld. In the event of a recall of any of the Products, Medtronic will cooperate with and assist Somnus in effecting such recall, including promptly contacting any purchasers that Somnus reasonably desires to be contacted and promptly communicating to such purchasers the information or instructions Somnus reasonably desires to be transmitted relating to such recall, all of which customer contact and communication shall be conducted by Medtronic at its own expense. Notwithstanding the foregoing, Somnus shall pay, or reimburse Medtronic, for all other costs of effecting such recall, including any shipping costs related to returning recalled Products to Somnus and replacing such recalled Products with new Products at Somnus' expense.
Records and Recall. Supplier and EPMD shall each maintain complete and accurate inventory and sale records for all Products in sufficient detail to enable Supplier to conduct an effective recall of Products if Supplier determines that such a recall is required or otherwise necessary or appropriate. In the event of a recall of any of the Products, EPMD will cooperate with and assist Supplier in effecting such recall.
Records and Recall. Distributor shall maintain complete and accurate ------------------ records of all Products sold by Distributor and shall maintain and provide such other records and reports as VidaMed may reasonably request. Distributor shall notify VidaMed immediately and confirm such notice in writing if it obtains information indicating that any of VidaMed's Products may have to be recalled, either by virtue of applicable law or good business judgment. In the event of a recall of any of the Products, Distributor shall cooperate fully with VidaMed in effecting such recall, including without limitation, promptly contacting any purchasers that VidaMed desires to be contacted and promptly communicating to such purchasers the information or instructions VidaMed desires to be transmitted, all of which will be provided by Distributor at its own expense. Distributor agrees to comply with any and all traceability programs in effect at any time as initiated by VidaMed. VidaMed may examine and make transcripts of any records required as part of a traceability program at reasonable times during business hours.
