Replacement of Defective Product. In the event GW Delivers any Defective Product to NOVARTIS and subject to NOVARTIS’ timely notification (as set forth in the QA Agreement), and subject always to Clause 14.4 below, GW shall replace any such Defective Product or, at NOVARTIS’ sole discretion, any Batch containing such Defective Product, with conforming Product or conforming Batch of Product, as the case may be, at GW’s cost. In addition, GW shall bear sole responsibility for all costs associated with the transportation, testing and disposal (as applicable) of any rejected Defective Product or Batch containing Defective Product. GW shall use commercially reasonable efforts to complete such replacement as soon as practicable and in any event within one (1) month of NOVARTIS’ notification. GW shall not rework or reprocess any rejected Defective Product, unless expressly authorized in writing to do so by NOVARTIS each time.
Replacement of Defective Product. In the event that Arch receives a written notice of rejection from Codexis and/or the Codexis Customer, Arch shall, at the sole cost and expense of Arch, replace any shipment of such rejected Product, including without limitation disposal of such Product, within sixty (60) days after receiving Codexis’ and/or the Codexis Customer’s written notice of rejection. For clarity, the foregoing right shall not limit any other remedy available at law or in equity. Codexis and/or the Codexis Customer shall keep such defective Product at the premises of Codexis and/or the Codexis Customer, as applicable, until receipt of Arch’s instruction for Codexis and/or the Codexis Customer to return or otherwise dispose of such defective Product. Notwithstanding anything to the contrary, (i) Arch shall have no obligation to replace any shipment of Product or part thereof pursuant to this Section 3.10 or issue a refund or credit pursuant to Section 3.9 in the event Arch can establish that the Product is not defective or such defect occurred after delivery of Product; and (ii) if the basis for any rejection is a defect due to a change in any regulatory requirement as specified by a Government Authority and which change was not identified by the Government Authority prior to Arch’s manufacture of such Product, then the costs associated with replacement of the defective Product (which costs, for the avoidance of doubt, do not include costs to be borne by Arch in updating its manufacturing processes and procedures to become compliant with any new regulatory requirement or any other costs not attributable directly to the replacement) shall be borne equally by the Parties.
Replacement of Defective Product. In the event that Arch receives a notice of rejection from Codexis, Arch shall, at its sole expense, replace any shipment or portion thereof of such rejected Product within [*] after receiving Codexis’ written notice of rejection. Codexis shall keep such defective Products at its premises until Arch’s instruction for return or otherwise disposal of such defective Products. Notwithstanding anything to the contrary, Arch shall have no obligation to replace any shipment of Product or part thereof pursuant to this Section 3.9 in the event Arch can establish that such defect occurred after receipt of such shipment of Product by Codexis or a Third Party designated by Codexis.
Replacement of Defective Product. If a Product was not Manufactured in accordance with the Standard (“Defective Product”), then, at the sole option of Xxxxxx after consultation of Radius, with the response of Radius to be reasonably considered by Xxxxxx, Xxxxxx shall either (i) refund, in full, the price paid by Radius for such Defective Product (if already paid, or if not yet paid by Radius, Xxxxxx shall not charge Radius for such Defective Product); or (ii) at Xxxxxx’x costs and/or expenses (except if the Defective Product has not yet been paid for, in which event Xxxxxx may charge the full price for the replacement Product), as soon as reasonably possible, [*], after such notice of rejection was received by Xxxxxx Pharma, cause Xxxxxx Pharma to Manufacture a replacement Product, following Radius’ supply to the Facility of new Radius Materials, if applicable, required for the Manufacture of such replacement Product; provided, however, that, if the Parties mutually agree in writing, Xxxxxx may, instead of providing a refund or having Manufactured a replacement Product, cause Xxxxxx Pharma to Rework or Reprocess the Cartridges, the Pens, or the Finished Products that had not been Manufactured in accordance with the Standard, at Xxxxxx’x costs and/or expenses, so that the Product can be deemed to have been Manufactured in accordance with the Standard.
Replacement of Defective Product. In the event that Arch receives a written notice of rejection from Codexis India and/or the Codexis India Customer, Arch shall, at the sole cost and expense of Arch, replace any shipment of such rejected Product, including without limitation disposal of such Product, within sixty (60) days after receiving Codexis India’s and/or the Codexis India Customer’s written notice of rejection. For clarity, the foregoing right shall not limit any other remedy available at law or in equity. Codexis India and/or the Codexis India Customer shall keep such defective Product at the premises of Codexis India and/or the Codexis India Customer, as applicable, until receipt of Arch’s instruction for Codexis India and/or the Codexis India Customer to return or otherwise dispose of such defective Product. Notwithstanding anything to the contrary, (i) Arch shall have no obligation to replace any shipment of Product or part thereof pursuant to this Section 2.8 or issue a refund or credit pursuant to Section 2.7 in the event Arch can establish that the Product is not defective or such defect occurred after delivery of Product; and (ii) if the basis for any rejection is a defect due to a change in any regulatory requirement as specified by a Government Authority and which change was not identified by the Government Authority prior to Arch’s manufacture of such Product, then the costs associated with replacement of the defective Product (which costs, for the avoidance of doubt, do not include costs to be borne by Arch in updating its manufacturing processes and procedures to become compliant with any new regulatory requirement or any other costs not attributable directly to the replacement) shall be borne equally by the Parties.
Replacement of Defective Product. In accordance with BASA's standard return material authorization process and procedure ("RMA"), BASA will replace, in its sole discretion, any Product that contains a defect caused by a breach of the warranty set forth in this Section provided that the Product is received within 30 Business Days following the end of any applicable Warranty Period ("RMA Product"). If MEP desires to return a Product based on a claim of breach of the warranty set forth in this Section, MEP shall request an RMA number from BASA. MEP shall then consign the alleged defective Product, F.O.B. BASA's designated facility, and specify the BASA assigned RMA number. BASA will analyze any such RMA Product and, if a breach of warranty is found ("Defect"), then BASA will replace the RMA Product within 90 Business Days of receipt by BASA of the RMA Product and all required associated documentation. In the event a Defect is found, BASA will reimburse MEP for the reasonable cost of transporting the RMA Product to BASA's designated repair facility and BASA will deliver the replacement RMA Product F.O.B. Manufacturing Plant. If no such Defect is found, MEP shall reimburse BASA for all fees, costs and expenses incurred to analyze and, if requested by MEP, to replace the non-Defective RMA Product and MEP shall bear responsibility for all transportation costs to and from BASA's designated replacement or repair facility.
Replacement of Defective Product. OraVax shall inspect all batches of Product received. In the event that a batch is found to be damaged or not in good order, OraVax shall so notify Evanx xxxhin 30 days' of delivery of such batch and Evanx xxxll promptly replace the notified Product or allow a full credit, the specific remedy in such case to be determined solely by Evanx. Xx Evanx xxxsequently determines that such Product is not damaged or such damage is the fault of OraVax, OraVax shall be liable to make payment in full in respect of both the purportedly damaged Product and any replacement Product delivered by Evanx.
Replacement of Defective Product. Product found to be in breach of BioStar's obligations under this Agreement and in particular Section 7.1 (or determined in accordance with Section 8.3 to be so) shall be replaced by BioStar without charge forthwith (including reimbursement for freight charges) and in any event within forty five (45) days of such discovery or determination. MDI or its Affiliates shall return to BioStar if so requested by a reasonable method non-complying Product in accordance with the directions of and at the cost of BioStar. If the Product is found to be complying pursuant to Section 8.3, then all costs associated with returning the Product to MDI shall be in accordance with the directions of and at the cost of MDI.
Replacement of Defective Product. If any shipment of Product does not comply with the Specifications, for reasons primarily attributable 29 to XXX or the Manufacturer, XXX shall remedy or have remedied such defect at its own cost and in agreement with Pharmion. If this is not possible or advisable for regulatory, technical, quality, medical or economic reasons, the shipment shall be properly destroyed and/or disposed of at LEO's expense. XXX shall not be entitled to any remuneration for any such unusable shipment. XXX shall use Commercially Reasonable Efforts to provide a replacement delivery as quickly as possible.
Replacement of Defective Product. In accordance with the terms set forth in this Agreement, Catalent shall, at Inspire’s option under Section 5.1, replace, at Catalent’s sole expense, all Product that does not comply with the warranty set forth in Section 10.1 (“Defective Product”). THE OBLIGATION OF CATALENT PURSUANT TO SECTION 5.1 TO (I) REPLACE DEFECTIVE PRODUCT OR CREDIT INSPIRE FOR SUCH DEFECTIVE PRODUCT AND (II) REIMBURSE INSPIRE FOR API AND OTHER INSPIRE MATERIALS USED IN SUCH DEFECTIVE PRODUCT (SUBJECT TO THE LIMITATION OF LIABILITY FOR API AND OTHER INSPIRE MATERIALS IN SECTION 16.1) SHALL, SUBJECT TO INSPIRE’S RIGHTS IN SECTION 15.2(A), BE INSPIRE’S SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT FOR RECEIPT OF DEFECTIVE PRODUCT AND IS IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, THE FOREGOING LIMITATION WILL NOT APPLY TO ANY LIABILITY OF CATALENT UNDER SECTION 9.7 OR SECTION 13.1 OF THIS AGREEMENT.
