Common use of Customer Relations Clause in Contracts

Customer Relations. (a) With respect to customer complaints relating to the Promotion or distribution of the Product, SuperGen shall act promptly to remedy such complaints. All Product-related inquiries and Product complaints in the U.S. Territory shall be addressed by SuperGen. Each Party shall keep the other Party fully and promptly apprised of its receipt of any such significant complaints in the U.S. Territory, and provide reasonable cooperation and assistance in dealing with customer complaints. (b) Any Product warranty to the customers of SuperGen shall run directly from SuperGen to such customers. SuperGen shall not make any warranty or representation to any customers which is more protective of such customers than the warranties and/or representations provided by AVI to SuperGen. For purposes of clarification, the sole remedy of SuperGen customers in the case of defective Product shall be that the Party which sold the defective Product to the customer shall replace such returned defective Product. AVI's Product warranties shall not apply to Product that has been modified or altered in any manner by anyone other than AVI or SuperGen (or their respective Affiliates or subdistributors or sublicensees), or to defects caused (i) through no fault of AVI or SuperGen (or their respective Affiliates or subdistributors or sublicensees), during shipment, (ii) by negligence or misuse on the part of anyone other than AVI or SuperGen (or their respective Affiliates or subdistributors or sublicensees) or (iii) by storage, handling, or usage in any manner inconsistent with the approved Product labeling. (c) Neither Party shall represent the Product in any manner which is inconsistent with the approved Product labeling or with applicable laws and regulations, or otherwise misrepresent the Product.

Customer Relations. (a) With respect to customer complaints relating to the Promotion or distribution of the Product, SuperGen each Party shall act promptly to remedy such complaints. All Product-related inquiries and Product complaints in the U.S. Territory shall be addressed by SuperGen, and all Product-related inquiries and Product complaints in the International Territory shall be addressed by ▇▇▇▇▇▇. Each Party shall keep the other Party fully and promptly apprised of its receipt of any such significant complaints in the U.S. TerritoryTerritories, and provide reasonable cooperation and assistance in dealing with customer complaintscomplaints in the Territories, the verifiable out-of-pocket cost of such cooperation and assistance being borne by SuperGen in the U.S. Territory and by ▇▇▇▇▇▇ in the International Territory. (b) Any Product warranty to the customers of ▇▇▇▇▇▇ and SuperGen shall run directly from SuperGen to such customers, notwithstanding the fact that ▇▇▇▇▇▇'▇ customers may return Product to ▇▇▇▇▇▇ and not to SuperGen. SuperGen ▇▇▇▇▇▇ shall not make any warranty or representation to any customers which is more protective of such customers than the warranties and/or and/ or representations provided by AVI to SuperGen. For purposes of clarification, the sole remedy of ▇▇▇▇▇▇ and/ or SuperGen customers in the case of defective Product shall be that the Party which sold the defective Product to the customer shall replace such returned defective Product. AVISuperGen's Product warranties shall not apply to Product that has been modified CONFIDENTIAL TREATMENT REQUESTED or altered in any manner by anyone other than AVI SuperGen or SuperGen ▇▇▇▇▇▇ (or their respective Affiliates or subdistributors or sublicensees), or to defects caused (i) through no fault of AVI SuperGen SuperGen or SuperGen ▇▇▇▇▇▇ (or their respective Affiliates or subdistributors or sublicensees), during shipment, (ii) by negligence or misuse on the part of anyone other than AVI SuperGen or SuperGen ▇▇▇▇▇▇ (or their respective Affiliates or subdistributors or sublicensees) or (iii) by storage, handling, or usage in any manner inconsistent with the approved Product labeling. (c) Neither Party shall represent the Product in any manner which is inconsistent with the approved Product labeling or with applicable laws and regulations, or otherwise misrepresent the Product.

Customer Relations. (a) With respect to customer complaints relating to the Promotion or distribution of the Product, SuperGen each Party shall act promptly to remedy such complaints. All Product-related inquiries and Product complaints in the U.S. Territory shall be addressed by SuperGen, and all Product-related inquiries and Product complaints in the International Territory shall be addressed by ▇▇▇▇▇▇. Each Party shall keep the other Party fully and promptly apprised of its receipt of any such significant complaints in the U.S. TerritoryTerritories, and provide reasonable cooperation and assistance in dealing with customer complaintscomplaints in the Territories, the verifiable out-of-pocket cost of such cooperation and assistance being borne by SuperGen in the U.S. Territory and by ▇▇▇▇▇▇ in the International Territory. (b) Any Product warranty to the customers of ▇▇▇▇▇▇ and SuperGen shall run directly from SuperGen to such customers, notwithstanding the fact that ▇▇▇▇▇▇'▇ customers may return Product to ▇▇▇▇▇▇ and not to SuperGen. SuperGen ▇▇▇▇▇▇ shall not make any warranty or representation to any customers which is more protective of such customers than the warranties and/or and/ or representations provided by AVI to SuperGen. For purposes of clarification, the sole remedy of ▇▇▇▇▇▇ and/ or SuperGen customers in the case of defective Product shall be that the Party which sold the defective Product to the customer shall replace such returned defective Product. AVISuperGen's Product warranties shall not apply to Product that has been modified 37 <PAGE> CONFIDENTIAL TREATMENT REQUESTED or altered in any manner by anyone other than AVI SuperGen or SuperGen ▇▇▇▇▇▇ (or their respective Affiliates or subdistributors or sublicensees), or to defects caused (i) through no fault of AVI SuperGen SuperGen or SuperGen ▇▇▇▇▇▇ (or their respective Affiliates or subdistributors or sublicensees), during shipment, (ii) by negligence or misuse on the part of anyone other than AVI SuperGen or SuperGen ▇▇▇▇▇▇ (or their respective Affiliates or subdistributors or sublicensees) or (iii) by storage, handling, or usage in any manner inconsistent with the approved Product labeling. (c) Neither Party shall represent the Product in any manner which is inconsistent with the approved Product labeling or with applicable laws and regulations, or otherwise misrepresent the Product.

Customer Relations. (a) With respect to customer complaints relating to the Promotion or distribution of the Product, SuperGen each Party shall act promptly to remedy such complaints. All Product-related inquiries and Product complaints in the U.S. Territory shall be addressed by SuperGen, and all Product-related inquiries and Product complaints in the International Territory shall be addressed by ▇▇▇▇▇▇. Each Party shall keep the other Party fully and promptly apprised of its receipt of any such significant complaints in the U.S. TerritoryTerritories, and provide reasonable cooperation and assistance in dealing with customer complaintscomplaints in the Territories, the [__________________________]. (b) Any Product warranty to the customers of ▇▇▇▇▇▇ and SuperGen shall run directly from SuperGen to such customers, notwithstanding the fact that ▇▇▇▇▇▇'▇ customers may return Product to ▇▇▇▇▇▇ and not to SuperGen. SuperGen ▇▇▇▇▇▇ shall not make any warranty or representation to any customers which is more protective of such customers than the warranties and/or and/ or representations provided by AVI to SuperGen. For purposes of clarification, the sole remedy of ▇▇▇▇▇▇ and/ or SuperGen customers in the case of defective Product shall be that the Party which sold the defective Product to the customer shall replace such returned defective Product. AVISuperGen's Product warranties shall not apply to Product that has been modified or altered in any manner by anyone other than AVI SuperGen or SuperGen ▇▇▇▇▇▇ (or their respective Affiliates or subdistributors or sublicensees), or to defects caused (i) through no fault of AVI SuperGen SuperGen or SuperGen ▇▇▇▇▇▇ (or their respective Affiliates or subdistributors or sublicensees), during shipment, (ii) by negligence or misuse on the part of anyone other than AVI SuperGen or SuperGen ▇▇▇▇▇▇ (or their respective Affiliates or subdistributors or sublicensees) or (iii) by storage, handling, or usage in any manner inconsistent with the approved Product labeling. (c) Neither Party shall represent the Product in any manner which is inconsistent with the approved Product labeling or with applicable laws and regulations, or otherwise misrepresent the Product.