Common use of Coordination of Efforts Clause in Contracts

Coordination of Efforts. In the event Pharmachemie determines that a recall, withdrawal, field correction or field alert report with respect to any Agreement Product by SuperGen may be necessary and/or appropriate, Pharmachemie shall immediately notify SuperGen's of its determination. The parties shall cooperate with each other in determining the necessity and nature of such action; provided, however, that Pharmachemie shall take no action to effect the same without the written concurrence of SuperGen. If SuperGen does not concur with any recall, withdrawal, field correction or field alert recommended by Pharmachemie, then SuperGen shall be liable for any losses incurred by Pharmachemie or SuperGen arising solely out of the delay caused by SuperGen in implementing the same, except to the extent Pharmachemie withheld material information or misrepresented the material information upon which SuperGen made its determination. 32 CONFIDENTIAL TREATMENT REQUEST 3.20.

Coordination of Efforts. In the event Pharmachemie determines that a recall, withdrawal, field correction or field alert report with respect to any Agreement Product by SuperGen may be necessary and/or appropriate, Pharmachemie shall immediately notify SuperGen's of its determination. The parties shall cooperate with each other in determining the necessity and nature of such action; provided, however, that Pharmachemie shall take no action to effect the same without the written concurrence of SuperGen. If SuperGen does not concur with any recall, withdrawal, field correction or field alert recommended by Pharmachemie, then SuperGen shall be liable for any losses incurred by Pharmachemie or SuperGen arising solely out of the delay caused by SuperGen in implementing the same, except to the extent Pharmachemie withheld material information or misrepresented the material information upon which SuperGen made its determination. 32 CONFIDENTIAL TREATMENT REQUEST 3.20.REQUEST