Common use of Returned Product Clause in Contracts

Returned Product. Optimer shall have the sole responsibility and right to accept returned Product. Except as directed by Optimer pursuant to Section 10.2, Cubist shall not solicit the return of Product. If Cubist receives an inquiry from a Third Party regarding Product returns, Cubist shall instruct such Third Party to return the Product in accordance with Optimer’s return policy for the Product, as such policy is provided to Cubist from time to time. If, for any reason, Cubist should receive any returned Product, Cubist shall promptly notify Optimer in writing. Any Product returned to Cubist shall be shipped by Cubist to Optimer’s designated facility, with shipping costs to be reimbursed to Cubist by Optimer. Cubist may advise the customer who made the return that the Product has been returned to Optimer. Cubist shall fully complete and deliver to Optimer the Optimer Return Authorization Form provided by Optimer to Cubist with respect to any returned Product received by Cubist and shipped to Optimer pursuant to this Section 10.1.