Common use of Testing Samples Release Clause in Contracts

Testing Samples Release. 5.1 Releasing; Rejection. PCI shall provide Client or its designee with a completed Batch Record according to Section 9.1. Upon review and acceptance of such batch record including resolution of any deviations, PCI will then provide Client with a Certificate of Release for each Batch consistent with the requirements in the Quality Agreement. Client shall notify PCI in writing that it agrees with this release according to terms of the Quality Agreement. Client is subsequently responsible for final release of Packaged Product to the market. Unless within […***…] days after Client’s physical receipt of a Batch, including batch records (“Review Period”), Client or its designee notifies PCI in writing (an “Exception Notice”) that the Packaging of such Batch does not meet the warranty set forth in Section 12.1 (“Defective Packaging”), and provides a sample of the alleged Defective Packaging, the Packaging shall be deemed accepted by Client and Client shall have no right to reject such Batch. Such acceptance will not apply in the case of any Defective Packaging not reasonably susceptible to discovery upon receipt of the Packaged Product, such defect to be defined as a “Latent Defect”. Client will use commercially reasonable efforts to report Latent Defects as soon as possible but in any event not later than […***…] days after discovery by Client, but not after the expiration date of the Product.