Recall Expenses. In the event of a recall of a FreeStyle --------------- Product, whether required or voluntary, the recall shall be at Nipro's cost and expense in the Territory and at TheraSense's cost and expense outside the Territory. Notwithstanding the foregoing, in the event that a recall is primarily due to a manufacturing defect in the FreeStyle Products which requires the replacement of FreeStyle Products, then TheraSense shall provide to Nipro replacement FreeStyle Products free of charge.
Recall Expenses. Each of the parties hereto shall bear the full expenses of both parties incurred in any recall resulting from breach of its respective warranties or obligations hereunder. Such expenses of recall shall include, without limitation, the expenses of notification and *** CONFIDENTIAL TREATMENT REQUESTED.
Recall Expenses. If a Recall results from the acts or omissions of one Party, then such Party shall bear the full expenses of both Parties incurred in the Recall. For clarity, if a Recall is due to a defect during the manufacture, processing, packaging or labelling of the Product prior to delivery, the cost and expense shall be borne solely by ELITE. If a Recall is partially caused by the actions or omissions of both Parties, then each Party shall be responsible for its proportionate share of the Recall expenses based on its proportionate share of causation. Recall expenses include the expenses of notification, shipping, return, replacement (if possible), customer fees and penalties, and destruction of recalled Products (including Products which cannot be shipped due to the condition causing the Recall). The Parties shall discuss in good faith and agree on the scope and costs of Recall, if practicable, prior to enforcement of the Recall.
Recall Expenses. Xxxxxxxx shall bear the expenses of any recall of a Female Product; provided, however, that Palomar shall bear the direct expense to Xxxxxxxx of a recall to the extent that such recall resulted from Palomar’s gross negligence or willful misconduct. (For the avoidance of doubt, nothing contained in this Section 7.3(b) shall in any way alter or diminish any indemnification obligation of Palomar pursuant to ARTICLE XI.) Such expenses of recall shall include expenses for notification, destruction or return of the recalled Female Product and any refund to consumers of amounts paid for the recalled Female Product. In the event that Palomar bears any such expenses of a recall, notwithstanding the last sentence of Section 7.3(a), Xxxxxxxx shall consult with Palomar in good faith on the manner in which any such recall shall be conducted. The rights and remedies of Xxxxxxxx under this Section shall be cumulative and in addition to any other rights or remedies that may be available to Xxxxxxxx under this Agreement or at law. ARTICLE VIII Intellectual Property Rights 8.1 Intellectual Property Ownership. (a)
Recall Expenses. Supplier promptly shall reimburse Licensee for all expenses incurred by Licensee in connection with any recall or market withdrawal of any Product, except to the extent that such recall or market withdrawal results from Licensee’s gross negligence or willful misconduct. Such expenses of recall or market withdrawal shall include expenses for notification, destruction or return of the recalled or withdrawn Product, and any refund of amounts paid for the recalled or withdrawn Product, legal and administrative costs incurred in connection with the recall (including any such expenses incurred in meeting with and responding to any issues raised by any Regulatory Authority).
Recall Expenses. Selecta will bear the expenses of any recall of a Licensed Product in the Territory; provided, however, that 3SBio will bear the expense of a recall to the extent that such recall resulted from 3SBio’s breach of its obligations hereunder. 3SBio will bear the expenses of any recall of a Licensed Product outside the Territory; provided, however, that Selecta will bear the expense of a recall to the extent that such recall resulted from Selecta’s breach of its obligations hereunder.
Recall Expenses. Impax shall bear the expenses of any recall resulting from a breach of its obligations hereunder. Such expenses of recall shall include, without limitation and without duplication, the expenses of notification and destruction or return of the recalled Product, the sum paid by Schering to Impax for the Manufacture of the recalled Products, Schering's costs relating to the testing, packaging, shipping, and retail trade related costs of the recalled Products and the cost to Schering for the Active Pharmaceutical Ingredient and other Raw Materials or Packaging Components supplied by Schering and used in the Manufacture of the recalled Products and not paid for by Impax, and any Losses caused by, arising out of, or resulting from such recall. The rights of Schering under this Section 9.2 shall be Schering's sole remedy under this Agreement or at law for such recall.
Recall Expenses. Supplier shall pay all out-of-pocket expenses in connection with a Recall, except that Lannett shall bear such direct out-of-pocket expenses to the extent that such Recall is implemented as a result of Lannett’s negligence or willful misconduct under this Agreement. For such purposes, recalled Products units shall include both units held by Lannett in inventory and units shipped by Lannett to its customers, as applicable. Lannett shall utilize a batch tracking and recall system which will enable Lannett to identify, on a reasonably prompt basis, customers within the Territory who have been supplied with Products of any particular batch, and to recall such Products from such customers. If a Recall is partially caused by the actions or omissions of both Parties, then each Party shall be responsible for its proportionate share of the Recall expenses based on its proportionate share of causation. Recall expenses include the expenses of notification, shipping, return, replacement (if possible), customer fees and penalties, and destruction of recalled Products (including Products which cannot be shipped due to the condition causing the Recall). The Parties shall discuss in good faith and agree on the scope and costs of Recall, if practicable, prior to enforcement of the Recall.
Recall Expenses. Patheon's maximum liability to Santarus pursuant to Section 5.3 for expenses associated with a Recall shall be *** *** ***
Recall Expenses. If any Product is recalled as a result of (i) supply by CATALYTICA of Product that does not conform to the warranties contained in Sections 11.1, 11.2 and 11.3 hereof or (ii) the negligent or intentional wrongful act or omission of CATALYTICA, then CATALYTICA will bear all reasonable costs and expenses of such recall. Recalls for any other reason will be at CEPHALON's sole expense. Notwithstanding the foregoing or any other provision of this Agreement, CATALYTICA's aggregate liability with regard to Product recalls shall not exceed the amount of consideration received by CATALYTICA from CEPHALON hereunder.
