Common use of Supplier Changes Clause in Contracts

Supplier Changes. Supplier shall not make any revisions to the ---------------- Specifications without the prior written consent of GWI. If Supplier desires to change any Specifications (including changes described in Section 7.1(h) below), Supplier shall notify GWI, in writing and in reasonable detail, of: (i) Supplier's suggested change; (ii) the reasons for the suggested change; (iii) the perceived benefits to Supplier and GWI, respectively, of the suggested change; and (iv) the estimated costs and timing of implementing such change, all in accordance with the procedures set forth in Schedule 7.1(i) attached hereto --------------- and incorporated herein by reference. GWI shall be under no obligation to accept, approve or bear the costs of any suggested changes. In the event Supplier is proposing any change to the Specifications on the basis that the change is required to bring the Specifications into conformity with CGMP or any Legal Requirements, then Supplier shall notify GWI of the basis of its determination. If GWI does not concur with Supplier's determination, then GWI shall be liable for any Losses incurred by Supplier (other than special or consequential damages) or GWI arising in connection with Supplier's performance of its obligations under this Agreement to the extent due to GWI's failure to implement the change requested by Supplier, except to the extent Supplier withheld material information or misrepresented the material information upon which GWI made its determination.

Appears in 2 contracts

Sources: Supply Agreement (Catalytica Inc), Supply Agreement (Catalytica Inc)