Deficient Product definition

Deficient Product has the meaning specified in Section 6.1(a);

Deficient Product shall have the meaning set forth in Section 10.4.1(v).

Deficient Product means Products, Promotional Samples and Clinical Samples not conforming to the warranty assumed by Nycomed pursuant to Section 10.4.1 (i)-(iv), and the terms "Deficiency" or "Deficient" shall refer to any deficiency covered by Nycomed's warranty pursuant to Section 10.4.1 (i)-(iv).

Examples of Deficient Product in a sentence

• If Forty Seven (itself or through its Affiliates, sublicensees, or partners) has failed to meet the requirements of Section 6.1 with respect to [*] (“Deficient Product”), then Stanford shall have the right to terminate the license for such Deficient Product under this Agreement and any Licensed Patent(s) solely covering such Deficient Product in accordance with and subject to Section 15.2(B) (such Licensed Patent(s) if terminated, the “Terminated Patent Rights”).

• Buyer shall bear all costs of shipment and transportation related to the repair or replacement of Deficient Product.

• Client will not dispose of any damaged, returned, or Deficient Product for which it intends to assert a Product Claim against Patheon without Patheon’s prior written authorization to do so.

• If the parties fail to agree within ten days after Patheon's notice to Client as to whether any Product identified in the Product Claim is Deficient Product, the parties will investigate the matter in accordance with the Quality Agreement.

• If the parties fail to agree within [***] after Patheon's notice to Client as to whether any Product identified in the Product Claim is Deficient Product, the parties will investigate the matter in accordance with the Quality Agreement.

• K2 shall, at its sole option and discretion, either repair or replace with a comparable product, or refund Buyer’s purchase price of, a Deficient Product (“Remedy”).

• The main changes that are covered by the public administration are concentrated on the modification and reformation of the education system of the bologna declaration member states.

• No amount or payment shall accrue or be due hereunder for any Deficient Product rejected and re-shipped by DISTRIBUTOR to iSecureTrac prior to its Payment Due Date, but all such Deficient Products shall nevertheless be applied against and count towards satisfaction of the [confidential treatment requested]Commitment, subject to the Double Counting Prohibition applicable to any Previously Applied Products subsequently purchased by DISTRIBUTOR.

• To the extent that a Recall results from, or arises from Deficient Product, Patheon will be responsible for the reasonable documented costs and expenses of the Recall including, without limitation, reasonable attorney’s fees, and will, at Client’s sole option, either (i) use commercially reasonable efforts to replace the Deficient Product with replacement Products as per Section 10, or (ii) refund all amounts paid by Client in respect of the Deficient Product.

• Each Party signing this Agreement hereby warrants actual authority to bind their respective Party.