Common use of Rejection and Cure Clause in Contracts

Rejection and Cure. (a) Blood Screening Assays and Clinical Diagnostic Assays. If a shipment of Blood Screening Assays or Clinical Diagnostic Assays or any portion thereof is spoiled, damaged or defective, or fails to have the appropriate remaining life, then Chiron shall have the right to reject such shipment or the portion thereof that fails to so conform, as the case may be. Chiron shall give written notice to Gen-Probe of its rejection hereunder, within thirty (30) days after Chiron's receipt of such shipment, specifying the grounds for such rejection. All or any part of any shipment may be held for Gen-Probe' disposition, at Gen-Probe's expense if found to be not in conformance with the applicable specifications. Gen-Probe shall use its Commercially Reasonable Efforts to cure such rejection or replace such rejected shipment (or portion of shipment) after receipt of notice of rejection thereof. (b) Blood Screening Instruments and Clinical Diagnostic Instruments. If any Blood Screening Instrument or Clinical Diagnostic Instrument is damaged, defective or fails to conform to the specifications therefor, then Chiron shall have the right to reject such damaged, defective or nonconforming Blood Screening Instrument or Clinical Diagnostic Instrument. Chiron shall give written notice to both Gen-Probe and any manufacturer designated by Gen-Probe of its rejection hereunder, within ten (10) days after installation of such Instrument, specifying the grounds for such rejection. The Blood Screening Instrument or Clinical Diagnostic Instrument shall be held for Gen-Probe's disposition, at Gen-Probe's expense, if found to be damaged, defective or nonconforming. Gen-Probe shall use its Commercially Reasonable Efforts to replace such rejected Blood Screening Instrument or Clinical Diagnostic Instrument after receipt of notice of rejection thereof.

Rejection and Cure. (a) Blood Screening Assays and Clinical Diagnostic AssaysBLOOD SCREENING ASSAYS AND [PROVISION ASSIGNED]. If a shipment of Blood Screening Assays or Clinical Diagnostic Assays [PROVISION ASSIGNED] or any portion thereof is spoiled, damaged or defective, or fails to have the appropriate remaining life, then Chiron shall have the right to reject such shipment or the portion thereof that fails to so conform, as the case may be. Chiron shall give written notice to Gen-Probe of its rejection hereunder, within thirty (30) days after Chiron's receipt of such shipment, specifying the grounds for such rejection. All or any part of any shipment may be held for Gen-Probe' 's disposition, at Gen-Probe's expense if found to be not in conformance with the applicable specifications. Gen-Probe shall use its Commercially Reasonable Efforts to cure such rejection or replace such rejected shipment (or portion of shipment) after receipt of notice of rejection thereof. (b) Blood Screening Instruments and Clinical Diagnostic InstrumentsBLOOD SCREENING INSTRUMENTS AND [PROVISION ASSIGNED]. If any Blood Screening Instrument or Clinical Diagnostic Instrument [PROVISION ASSIGNED] is damaged, defective or fails to conform to the specifications therefor, then Chiron shall have the right to reject such damaged, defective or nonconforming Blood Screening Instrument or Clinical Diagnostic Instrument[PROVISION ASSIGNED]. Chiron shall give written notice to both Gen-Probe and any manufacturer designated by Gen-Probe of its rejection hereunder, within ten (10) days after installation of such Instrument, specifying the grounds for such rejection. The Blood Screening Instrument or Clinical Diagnostic Instrument [PROVISION ASSIGNED] shall be held for Gen-Probe's disposition, at Gen-Probe's expense, if found to be damaged, defective or nonconforming. Gen-Probe shall use its Commercially Reasonable Efforts to replace such rejected Blood Screening Instrument or Clinical Diagnostic Instrument [PROVISION ASSIGNED] after receipt of notice of rejection thereof.