Coordination of Efforts. In the event Supplier determines that a ----------------------- recall, withdrawal, field correction or field alert report with respect to any Product by GWI may be necessary and/or appropriate, Supplier shall immediately notify GWI's Vice President of Quality Assurance of its determination. The parties shall cooperate with each other in determining the necessity and nature of such action; provided, however, that Supplier shall take no action to effect the same without the written concurrence of GWI. If GWI does not concur with any recall, withdrawal, field correction or field alert recommended by Supplier, then GWI shall be liable for any Losses incurred by Supplier or GWI arising solely out of the delay caused by GWI in implementing the same, except to the extent Supplier withheld material information or misrepresented the material information upon which GWI made its determination.
Appears in 2 contracts
Sources: Supply Agreement (Catalytica Inc), Supply Agreement (Catalytica Inc)