Xxxxxx Warranty. Xxxxxx represents and warrants that it shall Produce all Product in accordance with cGMP and, that all Commercial Product shall meet Product Specifications. Xxxxxx represents and warrants that it has obtained (or will obtain prior to Producing Product), and will remain in compliance with during the Term of this Agreement, all permits, licenses and other authorizations (the “Permits”) which are required under laws and regulations applicable to the Production only of Product as specified in the Product Master Plan; provided, however, Xxxxxx shall have no obligation to obtain Permits relating to the sale, marketing, distribution or use of Product or with respect to the labeling of Product. Xxxxxx makes no representation or warranty with respect to the sale, marketing, distribution or use of API, Product or to printed materials specified by Celator or its consignee.
Xxxxxx Warranty. 11.2.1 [Reserved]
Xxxxxx Warranty. (a) Product Warranty: Xxxxxx represents and warrants that Client Product shall be Produced in accordance with Specifications and cGMP and shall not have become adulterated or misbranded due to the negligence of Xxxxxx or Althea’s failure to comply with the terms of this Agreement.
Xxxxxx Warranty. Xxxxxx represents and warrants that Product shall be Produced in accordance with applicable cGMPs and all other Product Requirements, including without limitation, sterility and endotoxin (with no warranty that Product shall meet the Product Specifications). Except as provided in this Agreement, Xxxxxx makes no representation or warranty with respect to the sale, marketing, distribution or use of the BDS, Product or to printed materials specified by Client or its consignee. Xxxxxx further represents and warrants that (a) it has the right to give Client any information and materials provided by Xxxxxx hereunder, and that Client has the right to use such information and materials for the Production of Product, and (b) Xxxxxx has no knowledge of any (i) patents or other intellectual property rights that would be infringed by Xxxxxx’x Production of Product under this Agreement, or (ii) proprietary rights of third parties which would be violated by Xxxxxx’x performance hereunder, and (c) Xxxxxx will THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [* * *] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. Produce the Product and perform the Process Services in accordance with applicable laws, rules and regulations.
Xxxxxx Warranty. XXXXXX warrants to TIMET that the Titanium Conversion Services rendered to TIMET by XXXXXX shall be performed in a good and workmanlike fashion in accordance with industry standards and TIMET’s specified process practice, operating procedures and product specifications consistent with the terms set forth in the Submission Sheet.
Xxxxxx Warranty. Xxxxxx represents and warrants that Client Product shall be Produced in accordance with Specifications and cGMP. Xxxxxx represents and warrants that it has obtained (or will obtain prior to Producing Client Product), and will remain in compliance with during the Term, all permits, licenses and other authorizations (the “Permits”) which are required under Applicable Laws for the Production of Client Product; provided, however, Xxxxxx shall have no obligation to obtain Permits relating to the sale, marketing, distribution or use of Bulk Compound or Client Product or with respect to the Labeling of Client Product. Xxxxxx makes no representation or warranty with respect to the sale, marketing, distribution or use of the Bulk Compound or, except as expressly set forth in this Section 11.2, the Client Product, or as to printed materials supplied by Client or its consignee
Xxxxxx Warranty. Xxxxxx represents and warrants that Client Product shall be Produced in accordance with and will comply with the Specifications, and cGMP, subject to the provisions of Article 5. Xxxxxx represents and warrants that (a) it has obtained (or will obtain prior to Producing Client Product), and will remain in compliance with during the Term, all permits, licenses and other authorizations which are required under Regulations generally applicable to its operations and the Facility; provided, however, Xxxxxx makes no representation or warranty with respect to compliance or permits specific to Client Product or Bulk Compound or their manufacture, nor related to the sale, marketing, distribution, use or Labeling of Bulk Compound or Client Product except as expressly set forth in the preceding sentence, and (b) Xxxxxx has no knowledge of any patents or other Intellectual Property that would be infringed or misappropriated by Althea’s Production of Client Product or performance of any other of its obligations under this Agreement.
Xxxxxx Warranty certificate Xxxxxx must provide to AMAL on the Business Day immediately prior to the Second Court Date a certificate signed by a director of Xxxxxx and made in accordance with a resolution of the Xxxxxx Board stating, as at that date, that the representation and warranty given by Xxxxxx in clause 18.1 remains true and accurate or, if such representation or warranty is not true and accurate as at that date, providing complete particulars of the facts and matters which make the representation or warranty untrue or inaccurate.
Xxxxxx Warranty. XXXXXX represents and warrants that Drug Product shall be Produced in accordance with cGMP. XXXXXX further represents and warrants that it has obtained (or will obtain prior to Producing Drug Product), and will remain in compliance with during the term of this Agreement, all permits, licenses and other authorizations (the “Permits”) which are required under Applicable Legal Requirements or as specified in the Project Plan, the Master Batch Records, the Specifications or the XXXXXX SOPs; provided, however, XXXXXX shall have no obligation to obtain Permits relating to the sale, marketing, commercial distribution or use of APIs or Drug Product or with respect to the Labeling of Drug Product. XXXXXX further represents and warrants that the Drug Product supplied hereunder shall not be adulterated or misbranded within the meaning of the FD&C Act or comparable law, provided, however, that the warranty in this sentence shall not apply to any such adulteration or misbranding that occurred due to information provided by CLIENT or that occurred after the Drug Product leaves ALTHEA’s control. XXXXXX further represents and warrants that it shall perform all Development, Production, and other services hereunder in full compliance with all Applicable Legal Requirements and all other requirements of this Agreement. XXXXXX makes no representation or warranty with respect to the sale, marketing, commercial distribution or use of the APIs or as to printed materials supplied by CLIENT or its consignee. XXXXXX further represents and warrants that all Drug Product supplied hereunder shall be transferred free and clear of any liens or encumbrances of any kind arising through XXXXXX or its Affiliates or their respective agents. XXXXXX further represents and warrants that it has no knowledge of any patents or other Intellectual Property rights that would be violated by ALTHEA’s performance hereunder.
Xxxxxx Warranty. Xxxxxx warrants to Triangle that Product and Prior Product delivered to Triangle pursuant to this Agreement and the Previous Agreement shall:
