Remedies for Non-Conforming Product. THE OBLIGATION OF CARDINAL HEALTH TO PROVIDE A REFUND FOR OR REPLACE NON-CONFORMING PRODUCT IN ACCORDANCE WITH THIS ARTICLE 4 SHALL BE XENCOR’S SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT FOR PRODUCT THAT DOES NOT CONFORM TO SPECIFICATIONS AND IS IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED.
Remedies for Non-Conforming Product. 7.4.1 In the event that the Parties agree, or an independent testing laboratory or an arbitrator determines, pursuant to Section 7.3, that a Batch of Product or a portion thereof materially fails to conform to the Product Warranties due to the failure of: (a) CBSW personnel properly to execute the Master Production Record, (b) CBSW personnel to comply with cGMP, (c) CBSW or its personnel otherwise, or (d) the Facility utilities, then CBSW will produce for Client sufficient quantities of Product to replace the non-conforming Batch of Product or portion thereof (the "Production Rerun"), in accordance with the provisions of this Agreement without charging Client monthly fees or portion thereof for the time needed for such Production Rerun, (ii) for Hourly Fees (as set forth on Schedule 11.1), (iii) for Materials needed for the Production Rerun and (iv) other expenses incurred in The Production Rerun (collectively the "Production Rerun Expenses"). In addition, [***] .
Remedies for Non-Conforming Product. In the event that Hospira agrees that a shipment of Product is non-conforming, or if the outside testing laboratory or consultant determines that such Product is non-conforming, then, at Omeros’ election, Hospira shall [†]. Upon Hospira’s instructions, Omeros shall destroy or return, at Hospira’s cost, the non-conforming Product.
Remedies for Non-Conforming Product. In the event that a Panther Instrument fails to conform to the warranty set forth in Section 5.3 above and Gen-Probe receives written notice from Roka of such non-conformity within the Warranty Period, Gen-Probe shall:
Remedies for Non-Conforming Product. If Novavax accepts Customer’s rejection of Product as set forth in Section 3.2, accepts Customer’s warranty claim in Section 4.1 or if the Independent Expert determines that any Product is non-Conforming Product as set forth in Section 4.3, then Novavax shall, at Customer’s option and at no additional charge to Customer, either (a) replace the non-Conforming Product [***] or (b) credit or refund the pro-rated amount paid of the Total Price of such non-Conforming Product. If Novavax so requests, Customer shall, [***], return any non-Conforming Product to Novavax; otherwise, Customer shall dispose of Product in compliance with applicable laws and regulations. 4.3.
Remedies for Non-Conforming Product. 5.4.1 In the event that the Parties agree, or an independent testing laboratory determines, pursuant to Section 5.3, that a Batch of Product materially fails to conform to the Product Warranties due to the failure of: (a) LWI personnel properly to execute the Master Production Record, (b) LWI personnel to comply with cGMP, or (c) the Facility utilities, then, at CLIENT’s request, LWI will produce for CLIENT sufficient quantities of Product to replace the non-conforming portion of such Batch of Product (the “Production Rerun”), in accordance with the provisions of this Agreement and at no additional cost to CLIENT.
Remedies for Non-Conforming Product. (a) If any Vector Product Manufactured by SAFC fails to conform to Specifications or cGMP (unless the non-conformity is attributable to Company’s negligence or misconduct), SAFC shall [***]. Non-conforming Vector Product shall be disposed of in accordance with the Quality Agreement and at SAFC’s expense (unless the non-conformity is attributable to Company’s negligence or misconduct). If Company is directed to destroy non-conforming Vector Product, then Company shall provide SAFC a certificate certifying such destruction.
Remedies for Non-Conforming Product. 4.4.1 In the event that the Parties agree, or an independent testing laboratory or an arbitrator determines, pursuant to Section 4.3, that a Batch of Product fails to conform to the Product Warranties due to the failure of: (a) CBSW personnel properly to execute the Master Production Record, (b) CBSW personnel to comply with cGMP, (c) the Facility utilities, then CBSW will initiate and produce, within three (3) months of a final determination by either the Parties, the laboratory or the arbitrator as to that Batch of Products’ failure to conform to the Product Warranties, for Clients sufficient quantities of Product to replace the non-conforming portion of such Batch of Product (the “Production Rerun”), in accordance with the provisions of this Agreement and at no additional cost to Clients, or (d) CBSW to otherwise comply with its the obligations under this Agreement.
Remedies for Non-Conforming Product. 7.2.1 In the event Baxter agrees that the shipment of Product is non-conforming in part as a result of the negligence or willful misconduct of Baxter or a laboratory or consultant determines that the shipment of Product is non-conforming in part as a result of the negligence or willful misconduct of Baxter, then Baxter, to the extent of its negligence or wilful misconduct, will (i) replace such non-conforming Product as soon as possible assuming sufficient Active and Excipient by Oasmia will be provided by Client in due time to carry out the Production, (ii) reimburse Client for its actual cost of the Active and Excipient by Oasmia for the replacement Product, which cost shall not exceed the Purchase Price of the non-conforming Batch of Product, and (iii) bear the costs of such laboratory or consultant, if applicable.
Remedies for Non-Conforming Product. In the event AXXXXX agrees that the Batch of Company Plasmid DNA is non-conforming in whole or in part as a result of the negligence of AXXXXX or the laboratory determines that the shipment of Company Plasmid DNA is non-conforming in whole or in part as a result of the negligence of AXXXXX, then CLIENT, at its option, shall either (i) allow AXXXXX at its expense to replace such non-conforming Company Plasmid DNA within forty-five (45) calendar days from the date product is determined to be non-conforming, or (ii) be granted a full refund of the total Purchase Price of Company Plasmid DNA as stated in the Project Plan which includes all services provided by AXXXXX directly or indirectly in Production of Company Plasmid DNA. In addition, the due date for the final invoice issued at completion of production of Company Plasmid DNA will be extended until the date at which replacement Company Plasmid DNA is released and determined to be conforming by AXXXXX and CLIENT. CONFIDENTIAL TREATMENT REQUESTED FOR BRACKETED ITEMS
