Experimental Batch definition
Examples of Experimental Batch in a sentence
ISTA shall be responsible to pay for each Experimental Batch which fails to meet the Specifications at the price agreed to by the parties (which price shall exclude the costs of Raw Materials and API provided by ISTA); provided that if such batch does not meet the Specifications due to SP's negligence, the failure of SP's Processing equipment, or SP's failure to adhere to the batch records, ISTA shall not be responsible for any such costs.
The term "Experimental Batch" shall include without limitation any Batch manufactured following (i) a change in Specifications, (ii) implementation of the Improved Process, or (iii) a scale-up in the manufacturing process to produce greater quantities of Product, until SP has manufactured three (3) consecutive batches of Product meeting the new Specifications.
Each Batch of Product manufactured under this Agreement will be considered to be an "Experimental Batch" until SP has manufactured three (3) consecutive Batches of Product which meet the Specifications applicable to such Product.
Should ISTA reject any Non-Conforming Batch pursuant to Section 9.B, or if SP refuses to release a Batch which is not an Experimental Batch, SP will promptly credit ISTA's account for any portion of SP's fee for such Batch (plus shipping, insurance and customs charges not included therein) already paid by ISTA pursuant to this Agreement and subject to the limitations in Section 13, for the cost of ISTA-provided API used in such Batch.