Conforming Product. All product delivered are to be in complete compliance with all applicable descriptions, specifications, statutory and regulatory requirements unless documented approval for deviation has been authorized by CES. Requests for deviation must be approved by CES prior to shipment of the product. CES may provide tentative approval to ship but reserves the right to subsequently withdraw approval if it is determined that the product in question cannot be used for its intended application, or CES’s customer subsequently rejects the use of the material.
Conforming Product. 8.2 (*) Delay...........................................6.8
Conforming Product. Avecia shall ensure that all API provided to Genta's designated location under Section 6.2 at the time of delivery (1) conforms with the Specifications, (2) has been manufactured in accordance with the approved Batch records, (3) is not adulterated within the meaning of the Federal Food, Drug and Cosmetic Act, as amended (the "FFDCA"), or any foreign counterpart thereof, and (4) has been manufactured, labeled, packaged, stored, tested, documented, released and shipped in accordance with Avecia's responsibilities under the Quality Agreement and this Agreement, and conforms with Regulatory Requirements, cGMPs and all applicable Laws. Such API shall be deemed "Conforming Product".
Conforming Product. In addition to the foregoing disclaimers, TCMC MAKES NO, AND EXPRESSLY DISCLAIMS ANY, REPRESENTATION OR WARRANTY TO SOJITZ WHATSOEVER, WHETHER EXPRESS OR IMPLIED, WHETHER BY COMMON LAW, STATUTE, OR OTHERWISE, RELATING TO: (i) THE QUANTITY OR THE PHYSICAL OR CHEMICAL CHARACTERISTICS OF THE RESERVES AND THE QUANTITY OF PRODUCT WHICH MAY BE PRODUCED THEREFROM; (ii) THE DATE ON WHICH THIS AGREEMENT SHALL BECOME EFFECTIVE OR THE DURATION OF THE TERM; (iii) THE ACTUAL COST OF PRODUCTION, OR THAT THE ACTUAL COST OF PRODUCTION ULTIMATELY IS THE SAME AS, LESS THAN, OR GREATER THAN THE BUDGETED COST OF PRODUCTION; (iv) THE TAX EFFECTS ON SOJITZ OR ANY OF ITS RELATED AND AFFILIATED ENTITIES RESULTING FROM SOJITZ ENTERING INTO THIS AGREEMENT, PERFORMING ITS DUTIES AND OBLIGATIONS HEREUNDER, AND RECEIVING THE BENEFITS AFFORDED IT HEREUNDER; OR (v) THE RELATIVE MARKET CONDITIONS FOR MOLYBDENUM AND MOLYBDENUM PRODUCTS AT ANY TIME DURING THE TERM OF THIS AGREEMENT.
Conforming Product. HTI represents and warrants that all Coagulation Cocktail 2 provided to HemoSense’s designated location under Section 4.3 shall at the time of delivery (1) conforms with the Specifications, (2) has been manufactured in accordance with the approved master batch records and executed batch production records, (3) is not adulterated within the meaning of the Federal Food, Drug and Cosmetic Act, as amended (the “FFDCA”), or any foreign counterpart thereof, and (4) has been manufactured, labeled, packaged, stored, tested, documented, released and shipped in accordance with regulatory requirements, ISO 9001:2000, and all applicable laws. Such Coagulation Cocktail 2 shall be deemed “Conforming Product.”
Conforming Product. Within 15 days of the determination by the independent laboratory that the product is a Non-Conforming Product, Patheon shall replace such returned Non-Conforming Product at its expense or if it is unable to make prompt replacement, shall either credit Client's account or refund any payment made on the rejected Product, depending on Client's account balance.
Conforming Product. It is the responsibility of JV to ensure that only conforming Product is delivered to its clients. In the event that a Product nonconformance is identified, JV will notify Evolucia and JV`s clients and immediately contain, inspect, segregate and correct Product in its facilities to assure that clients will not receive additional shipments of suspect Product until the cause of the nonconformance that has been identified and controlled. If the above described situation results from reasons attributable to Evolucia then Evolucia shall reimburse JV for all costs and expenses incurred by JV in connection with such action.
Conforming Product. It is the responsibility of SETE to ensure that only conforming Product is delivered to its clients. In the event that a Product nonconformance is identified, SETE will notify Evolucia Europe and SETE`s clients and immediately contain, inspect, segregate and correct Product in its facilities to assure that clients will not receive additional shipments of suspect Product until the cause of the nonconformance that has been identified and controlled. If the above described situation results from reasons attributable to Evolucia Europe then Evolucia Europe shall reimburse SETE for all costs and expenses incurred by SETE in connection with such action.
Conforming Product. It is the responsibility of LEI to ensure that all Product delivered to Sunovia conforms with Sunovia’s design. In the event that a Product nonconformance is identified, LEI will notify Sunovia and immediately contain, inspect, segregate and correct Product in its facilities to assure that Sunovia will not receive additional shipments of suspect Product until the cause of the nonconformance that has been identified and controlled. In the event that a Product nonconformance is identified by Sunovia, Sunovia will notify LEI of such material non-conformance and the Parties will discuss appropriate response to the nonconformance.
Conforming Product. Upon delivery to the other Party, all Products and Compounds supplied by the Manufacturing Party shall meet the reasonable specifications provided in advance (in writing) by the other Party. For purposes of this Section 5.4.2, “reasonable specifications” shall mean specifications that may be met with the Manufacturing Party’s then-existing manufacturing capabilities. In the event the Manufacturing Party is unable to provide Products or Compounds meeting the reasonable specifications provided in advance in writing by the other Party, the Manufacturing Party shall have the right to obtain Compounds or Products, as applicable, from a Third Party supplier. The non-Manufacturing Party shall provide reasonable cooperation, information and assistance necessary in order for the Manufacturing Party to do so.
