Common use of Testing and Evaluation Clause in Contracts

Testing and Evaluation. SBL shall perform testing of the Client Materials in accordance with the applicable QAG and/or Client’s instruction prior to the performance of the Manufacturing hereunder, in order to determine whether such Client Materials meet the Specification described in the applicable QAG (if applicable). SBL shall inform Client of (a) any damage to the Client Materials received that is visually obvious (e.g., damaged or punctured containers and temperature monitoring results outside of predetermined Specifications) within five (5) Business Days after SBL’s receipt of the Client Materials and (b) any non-conformance of the Client Materials to Specification either: (i) within sixty (60) calendar days after SBL’s receipt of the Client Materials or (ii) if release testing of Client Materials is not to be performed until it is needed for Manufacture, within sixty (60) calendar days after such release testing is performed; or (iii) as is otherwise agreed between the Parties. If, prior to performing any Service on the Client Materials, SBL determines that such Client Materials are defective or damaged, SBL shall not perform the Service on such Client Materials and shall follow Client’s written instructions regarding disposal or return of such Client materials to Client, such disposal or return to be at Client’s discretion and cost.

Testing and Evaluation. SBL shall perform testing of the Client Materials in accordance with the applicable QAG and/or Client’s instruction prior to the performance of the Manufacturing hereunder, in order to determine whether such Client Materials meet the Specification described in the applicable QAG (if applicable). SBL shall inform Client of (a) any damage to the Client Materials received that is visually obvious (e.g., damaged or punctured containers and temperature monitoring results outside of predetermined Specifications) within five (5) [***] Business Days after SBL’s receipt of the Client Materials and (b) any non-conformance of the Client Materials to Specification either: (i) within sixty (60) [***] calendar days after SBL’s receipt of the Client Materials or (ii) if release testing of Client Materials is not to be performed until it is needed for Manufacture, within sixty (60) [***] calendar days after such release testing is performed; or (iii) as is otherwise agreed between the Parties. If, prior to performing any Service on the Client Materials, SBL determines that such Client Materials are defective or damaged, SBL shall not perform the Service on such Client Materials and shall follow Client’s written instructions regarding disposal or return of such Client materials to Client, such disposal or return to be at Client’s discretion and cost.

Testing and Evaluation. SBL shall perform testing of the Client Materials in accordance with the applicable QAG and/or Client’s instruction prior to the performance of the Manufacturing hereunder, in order to determine whether such Client Materials meet the Specification described in the applicable QAG (if applicable). SBL shall inform Client of (a) any damage to the Client Materials received that is visually obvious (e.g., damaged or punctured containers and temperature monitoring results outside of predetermined Specifications) within five ten (510) Business Days days after SBL’s receipt of the Client Materials and (b) any non-conformance of the Client Materials to Specification either: (i) within sixty ninety (6090) calendar days after SBL’s receipt of the Client Materials or (ii) if release testing of Client Materials is not to be performed until it is needed for Manufacture, within sixty ninety (6090) calendar days after such release testing is performed; or (iii) as is otherwise other wise agreed between the Parties. If, prior to performing any Service on the Client Materials, SBL determines that such Client Materials are defective or damaged, SBL shall not perform the Service on such Client Materials and shall follow Client’s written instructions regarding disposal or return of such Client materials to Client, such disposal or return to be at Client’s discretion and cost.

Testing and Evaluation. SBL shall perform testing of the Client Materials in accordance with the applicable QAG and/or Client’s instruction prior to the performance of the Manufacturing hereunder, in order to determine whether such Client Materials meet the Specification described in the applicable QAG (if applicable). SBL shall inform Client of (a) any damage to the Client Materials received that is visually obvious (e.g., damaged or punctured containers and temperature monitoring results outside of predetermined Specifications) within five (5) Business Days [* * *] days after SBL’s receipt of the Client Materials and (b) any non-conformance of the Client Materials to Specification either: (i) within sixty (60) calendar [* * *] days after SBL’s receipt of the Client Materials or (ii) if release testing of Client Materials is not to be performed until it is needed for Manufacture, within sixty (60) calendar [* * *] days after such release testing is performed; or (iii) as is otherwise agreed between the Parties. If, prior to performing any Service on the Client Materials, SBL determines that such Client Materials are defective or damaged, SBL shall not perform the Service on such Client Materials and shall follow Client’s written instructions regarding disposal or return of such Client materials to ClientClient [* * *]; provided, however, (a) SBL shall be responsible for any such disposal costs to the extent the defect in or return damage to be at Client’s discretion such Client Materials is caused by [* * *] and cost(b) notwithstanding anything to the contrary, SBL will not [* * *].

Testing and Evaluation. SBL shall perform testing of the Client Materials in accordance with the applicable QAG and/or Client’s instruction prior to the performance of the Manufacturing hereunder, in order to determine whether such Client Materials meet the Specification described in the applicable QAG (if applicable). SBL shall inform Client of (a) any damage to the Client Materials received that is visually obvious (e.g., damaged or punctured containers and temperature monitoring results outside of predetermined Specifications) within five (5) Business Days [***] after SBL’s receipt of the Client Materials and (b) any non-conformance of the Client Materials to Specification either: (i) within sixty [***] of SBL’s discovery of such non-conformance; or (60ii) calendar within [***] days after SBL’s receipt of the Client Materials or (iiiii) if release testing of Client Materials is not to be performed until it is needed for Manufacture, within sixty (60) calendar [***] days after such release testing is performed; or (iiiiv) as is otherwise other wise agreed between the Parties. If, prior to performing any Service on the Client Materials, SBL determines that such Client Materials are defective or damaged, SBL shall not perform the Service on such Client Materials and shall follow Client’s written instructions regarding disposal or return of such Client materials to Client, such disposal or return to be at Client’s discretion and cost.