Sample Testing Sample Clauses
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Sample Testing. As between the Parties, GCAR has the sole right to test all Samples collected in the course of the Study (“Sample Testing”) and, subject to Section 3.11.1 will own all Samples and results of the Sample Testing performed by or on behalf of GCAR (the “Sample Testing Results”). GCAR will own all Sample Testing Results (including all COMPANY Arm Sample Testing Results).
3.11.1. The COMPANY Arm Routine Results will form part of the COMPANY Arm Data and will be jointly owned by the Parties.
3.11.2. GCAR will provide COMPANY with Sample Testing Results in accordance with the scope set forth in the COMPANY Protocol and Sample Testing Schedule, and timing set forth in the Data Sharing Schedule; COMPANY will pay for such Sample Testing in accordance with Exhibit D.
3.11.3. During the conduct of the Study, GCAR shall collect sufficient Samples to perform the Sample Testing as the Parties have agreed to pursuant to the Sample Testing Schedule and COMPANY Arm Protocol, either during the COMPANY Arm or following COMPANY Arm Completion subject to Section 3.11.3;
3.11.4. Any obligations on either Party related to additional Sample Testing not agreed to in the Sample Testing Schedule or COMPANY Arm Protocol upon execution of this Agreement (“Additional Sample Testing”) shall be agreed to in advance under the Sample Testing Schedule, and provided further that any Additional Sample Testing shall be subject to (a) GCAR’s right to refuse to perform Sample Testing if it determines such collection or testing would be infeasible or disruptive to the other Arms, and (b) additional costs and expenses related to such Additional Sample Testing to be paid by COMPANY to GCAR, which shall be updated in Exhibit D as necessary. Any Additional Sample Testing agreed and included in Exhibit D will be considered COMPANY Arm Sample Testing Results for the purpose of this Agreement, if so agreed by the Parties in Exhibit D. For clarity, nothing in this Section 3.11 shall limit GCAR’s right to conduct Sample Testing outside of Exhibit D at its sole discretion.
Sample Testing. Seller may at its sole option, but is not obligated to, perform adequate testing to assure that shipped Products meet Buyer's sample testing criteria established in Attachment D. Notwithstanding the foregoing, prior to Seller initiating the volume manufacture of Products, Buyer shall have the right at its sole option, but is not obligated to, conduct sample testing of incoming Products and to reject lots that fail to meet the applicable product specifications and quality levels set forth in this Agreement and Attachments hereto (including the quality levels set forth in Attachment D), and/or US regulatory requirements and US law. Buyer shall have the right to conduct such testing either at Seller's manufacturing facility ("on-site testing") or Buyer's facility ("off-site testing"). Neither Buyer's waiver of its right to conduct sample testing nor Buyer's conducting sample testing in any way other than as set forth in Attachment D shall derogate from or otherwise affect in any way Buyer's other rights or remedies under this Agreement, including by illustration and not limitation its rights and remedies under sections 13, 14, or 17.
Sample Testing. 8.1 The Grower shall during the harvest of the Crop obtain a 2 kilogram sample which is truly representative of the whole of the Crop (‘the Sample’).
8.2 The Grower shall ensure that as soon as possible following harvest of the Crop, and in any event no later than 31 March 2020, the Sample is received by Champion Flour Milling Ltd for testing. On receipt of the Sample, Champion Flour Milling Ltd will test the Sample using the procedure specified in Schedule 5. The cost to be for the growers account. The Grower must keep the Sample for three months following delivery of the entire Crop in accordance with this agreement.
8.3 Should artificial drying of the Crop be needed, the Sample taken for testing must be representative of the whole crop after drying has been undertaken and the Sample is to be labelled accordingly.
8.4 Champion Flour Milling Ltd shall immediately notify the Merchant of the results of testing of the Sample.
8.5 In the event that the Grower does not submit a Sample in accordance with clause 8.2, or if the Sample submitted does not meet the Quality Specifications set out in Schedule 1, Champion Flour Milling Ltd may, in accordance with clause 10.1, reject the Crop (or any part of it) to which the Sample relates, or would relate had a Sample been provided.
Sample Testing. 3.7.1. Company shall provide Samples to Merck as specified in the Protocol or as agreed to by the Joint Development Committee. Each Party shall (a) use the Samples only for the Sample Testing and (b) conduct the Sample Testing solely in accordance with the Data Sharing and Sample Testing Schedule and the Protocol.
3.7.2. Merck shall own all Sample Testing Results arising from Sample Testing performed by or on behalf of Merck. Solely to the extent specified on the Data Sharing and Sample Testing Schedule as being shared, Merck shall provide to Company the Sample Testing Results for the Sample Testing conducted by or on behalf of Merck, in electronic form or other mutually agreeable alternate form, on the timelines specified in the Data Sharing and Sample Testing Schedule or as otherwise mutually agreed.
3.7.3. Company shall own all Sample Testing Results arising from Sample Testing performed by or on behalf of Company. Solely to the extent specified on the Data Sharing and Sample Testing Schedule as being shared, Company shall provide to Merck the Sample Testing Results for the Sample Testing conducted by or on behalf of Company, in electronic form or other mutually agreeable alternate form, on the timelines specified in the Data Sharing and Sample Testing Schedule or as otherwise mutually agreed.
3.7.4. Except to the extent otherwise agreed in a writing signed by authorized representatives of each Party, each Party may use and disclose the Sample Testing Results owned by the other Party and shared by such other Party in accordance with the Data Sharing and Sample Testing Schedule solely for the purposes of [*****].
Sample Testing. For the PCV Program, Moderna shall provide samples of biological material collected from subjects participating in a Clinical Study performed under the POC Plan for the PCV Program, including blood and/or tissue samples, to Merck as specified in the applicable protocol or as agreed to by the POC Committee.
Sample Testing. 9.1. On completion of the harvest, and in any event no later than 30th April of the year of harvest, the Grower will supply a harvest sample of each line of Crop to the Purchaser.
9.2. Each submitted sample must be a minimum of 2 kg and be fully representative of no more than 200 tonne of grain.
9.3. The Purchaser will keep the Sample for three months following delivery of the entire Crop in accordance with this agreement.
9.4. Should artificial drying of the Crop be needed, the Sample taken for testing must be representative of the whole crop after drying has been undertaken, and the Sample is to be labelled accordingly.
9.5. In the event that the Grower does not submit a Sample in accordance with clause 9.1, or if the Sample submitted does not meet the Quality Specifications set out in Schedule 1, the Purchaser may, in accordance with clause 11, reject the Crop (or any part of it) to which the Sample relates, or would relate had a Sample been provided
Sample Testing. 3.8.1. Collaborator shall provide Samples to MSD as specified in the Protocol and as agreed to by the Joint Development Committee. Each Party shall use the Samples only for Sample Testing in accordance with the Sample Testing Schedule and the Protocol. [***].
3.8.2. Except to the extent otherwise expressly agreed, each Party may use and disclose unpublished Sample Testing Results owned by and shared by the other Party in accordance with the Sample Testing Schedule [***].
Sample Testing. Sample testing of products serves to provide evidence before the start of the series that required qual‐ ity control standards as designated in the drawings and specifications have been achieved. Sample testing is carried out in accordance with PPAP or VDA 2 / PPF. The procedure and submission level to be applied will be agreed with the supplier.
Sample Testing. 3.7.1. Company shall provide Samples to MSD as specified in the Protocol or as agreed to by the Joint Development Committee. Each Party shall (a) use the Samples only for the Sample Testing and (b) conduct the Sample Testing solely in accordance with the Sample Testing Schedule and the Protocol.
3.7.2. [***].
3.7.3. [***].
3.7.4. Except to the extent otherwise agreed in a writing signed by authorized representatives of each Party, each Party may use and disclose the Sample Testing Results owned by the other Party and shared by such other Party in accordance with the Sample Testing Schedule solely for the purposes of [***].
Sample Testing. 3.7.1. Company shall provide Samples to Merck as specified in the Protocol or as agreed to by the Joint Development Committee. Each Party shall (a) use the Samples only for the Sample Testing and (b) conduct the Sample Testing solely in accordance with the Data Sharing and Sample Testing Schedule and the Protocol.
3.7.2. Merck shall own ****.
3.7.3. Company shall own ****.
3.7.4. Except to the extent otherwise agreed in a writing signed by authorized representatives of each Party, each Party may use and disclose the Sample Testing Results owned by the other Party and shared by such other Party in accordance with the Data Sharing and Sample Testing Schedule solely for the purposes of ****.