Common use of Conformance with Specifications Clause in Contracts

Conformance with Specifications. If Achaogen reasonably determines that the Assay or any Work Products do not materially conform to the applicable Specifications or other requirements set forth in a Statement of Work, Ark promptly shall, subject to Section 2(a)(3), correct the nonconformance to Achaogen’s reasonable satisfaction, at no cost to Achaogen. In the event Achaogen requests any change to the Specification or other requirement for the Assay, Ark agrees to use commercially reasonable efforts to accept such request to the extent reasonable and practicable, provided that in no event shall Ark be obligated to incur any additional costs and expenses required for implementing any such change. [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.