Costs of Recall. All Out-Of-Pocket Expenses and FTE Costs (each as defined in the Financial Appendix) incurred by a Party for the execution of any recall or withdrawal of the Product (“Recall Costs”) pursuant to Section 16.4(a) above shall be included in the calculation of Profit/Loss pursuant to the Financial Appendix; except to the extent that [****]: (i) [****]; (ii) [****].
Appears in 2 contracts
Sources: Development and Commercialization Agreement (Biomarin Pharmaceutical Inc), Development and Commercialization Agreement (La Jolla Pharmaceutical Co)