Common use of CROSS CONTAMINATION Clause in Contracts

CROSS CONTAMINATION. NASTECH hereby declares that as of the date of execution of this AGREEMENT it is not producing, packaging, labeling, warehousing, quality control testing (including in-process, release and stability testing), releasing or shipping any chemical entity classified as penicillins or other beta-lactam antibiotics such as cephalosporins or carbapenems, steroids, hormones, alkaloids, controlled substances, LIVE AGENTS, cytotoxic drug substances, pesticides, herbicides, fungicides, or other toxic non-drug substances in the FACILITY. The term "LIVE AGENT" means a product containing a living organism that causes infectious disease, including, but not limited to, viruses, bacteria, rickettsia, fungi, and protozoa. In the event that NASTECH intends, during the course of this AGREEMENT, to produce, package, label, warehouse, quality control test (including in-process, release and stability testing), release or ship any chemical entity belonging to the classes of products listed above, NASTECH shall promptly notify MERCK in writing of its intention to do so in order to allow MERCK to consider any potential questions of cross-contamination or regulatory requirements. In the event MERCK identifies a potential problem of cross-contamination or regulatory requirements that would prohibit the activity, the parties will meet to resolve the problem. Notwithstanding the foregoing, NASTECH shall not manufacture, formulate or package products in the FACILITY that MERCK considers to present cross-contamination problems for PRODUCT.