CHANGES IN PRODUCTS. Vendor shall provide written notice promptly to Customer if Vendor plans to materially change the Products’ formula, specifications or the process in which the Products are manufactured. Preferably, such notice shall be provided by Vendor to Customer at least ninety (90) days’ prior to implementation of a change, with such notice stating the type of change to be made to the Products. Customer may terminate the term of this Agreement to be effective upon written notice to Vendor, if Customer is not satisfied, in Customer’s sole discretion, with the changes. Routine, incremental changes, modifications and upgrades to the Products shall not be considered a material change for purposes of this Section. Vendor acknowledges and agrees that any changes made to the Products’ formula, specifications or the process in which the Products are manufactured shall be in compliance with all applicable regulatory requirements and subject to all regulatory approvals (e.g., approval by the U.S. Food & Drug Administration (“FDA”) is applicable).
Appears in 2 contracts
Sources: Master Purchase Agreement, Master Purchase Agreement