Common use of DELIVERY AND RELEASE Clause in Contracts

DELIVERY AND RELEASE. 10.1. NOF shall deliver Product ordered under Article 8 in the quantities agreed and under the common understanding by the Parties that it is of the essence to Ascendis that NOF observes Delivery Dates and that Product delivered under this Agreement is in accordance with the Specifications and the Quality Agreement 10.2. NOF bears the responsibility towards Ascendis that any required conditions for storage and transportation of the Product as specified in the Quality Agreement are fulfilled until Delivery thereof to Ascendis or its designee. 10.3. Product shall be delivered to Ascendis or its designee [***] according to Incoterms 2010, packed in accordance with the requirements set out in the Quality Agreement , at either the address of a) [***], or b) [***], or c) such other address as Ascendis may specify in writing 10.4. NOF shall no later than [***] prior to the confirmed Delivery Date forward the Release Documentation for Ascendis to review. Following receipt of the Release Documentation, Final Release shall be performed by Ascendis’ Qualified Person, such Final Release not to be unreasonably withheld. Delivery is subject to Final Release except in the event that Ascendis requests for shipment in Quarantine (as defined in the Quality Agreement). 10.5. Provided Ascendis has delivered [***] in the required amounts in due time, NOF shall deliver [***]. 10.6. Any delay in delivery of the Product and/or Release Documentation shall be notified to Ascendis no later than [***] after the delay has become apparent to NOF, including a description of the cause. NOF shall [***] solve the issues and shall confirm a new Delivery Date to Ascendis as soon as possible. 10.7. If Ascendis finds that the Release Documentation does not comply with the Specifications or with any other requirement under this Agreement, Ascendis shall notify NOF in writing of Ascendis’ observations with respect to the non-compliance without undue delay after receipt of such documentation, provided that failure by Ascendis to do so shall not imply any loss of rights or remedy for Ascendis under this Agreement or at law.

Appears in 1 contract

Sources: Manufacturing and Supply Agreement (Ascendis Pharma a/S)

DELIVERY AND RELEASE. 10.1. NOF Carbogen shall deliver Deliver Product ordered under Article 8 in the quantities agreed and under the common understanding by the Parties that it is of the essence to Ascendis that NOF Carbogen observes Delivery Dates and that Product delivered Delivered under this Agreement is in accordance with of the Specifications agreed quality and the Quality AgreementSpecifications. 10.2. NOF Carbogen bears the responsibility towards Ascendis that any required conditions for storage and transportation of the Product as specified in the Quality Agreement are fulfilled until Delivery thereof to Ascendis or its designee. 10.3. Product shall be delivered to Ascendis or its designee [***] according to Incoterms 2010, packed in accordance with the requirements set out 2010 in the Quality Agreement , at either the address of a) [***], or b) [***], or c) such other address as Ascendis may specify in writingMaster Batch Record. 10.4. NOF Carbogen shall no later than [***] prior to the confirmed Delivery Date forward the Release Documentation for Ascendis to review. Following receipt of the Release Documentation, Final Release shall be performed by Ascendis’ Qualified PersonPerson within [***], such Final Release not to be unreasonably withheldwithheld or delayed. Delivery is subject to Final Release except in the event that Ascendis requests for shipment in Quarantine (as defined in the Quality Agreement)Release. 10.5. Provided Ascendis has delivered During the Starting Period, the time limit of [***] stated in the required amounts in due time, NOF Section 10.4 shall deliver be [***]. 10.6. Any delay in delivery of the Product and/or Release Documentation shall be notified to Ascendis no later than [***] after the delay has become apparent to NOFCarbogen, including a description of the cause. NOF Carbogen shall [***] solve the issues and shall confirm a new Delivery Date to Ascendis as soon as possible. 10.7. If Ascendis finds that the Release Documentation does not comply with the Specifications or with any other requirement under this Agreement, Ascendis shall notify NOF Carbogen in writing of Ascendis’ observations with respect to the non-compliance without undue delay after receipt of such documentation, provided that failure by Ascendis to do so shall not imply any loss of rights or remedy for Ascendis under this Agreement or at law. 10.8. Carbogen shall upon Ascendis’ written request store released Product for a period of [***]. Requests for storage beyond the current dedicated storage capacity are contingent upon Ascendis giving Carbogen reasonable notice. [***]

Appears in 1 contract

Sources: Manufacturing and Supply Agreement (Ascendis Pharma a/S)

DELIVERY AND RELEASE. 10.1. NOF Carbogen shall deliver Deliver Product ordered under Article 8 in the quantities agreed and under the common understanding by the Parties that it is of the essence to Ascendis that NOF Carbogen observes Delivery Dates and that Product delivered Delivered under this Agreement is in accordance with of the Specifications agreed quality and the Quality AgreementSpecifications. 10.2. NOF Carbogen bears the responsibility towards Ascendis that any the required conditions for storage and transportation of the Product Product, as specified defined in the Quality Agreement Agreement, are fulfilled until Delivery thereof to Ascendis or its designee. 10.3. Product shall be delivered to Ascendis or its designee [***] according to Incoterms 2010, packed in accordance with the requirements set out in the Quality Agreement , at either the address of a) [***], or b) [***], or c) such other address as Ascendis may specify in writing. 10.4. NOF Carbogen shall no later than [***] prior to the confirmed Delivery Date forward the Release Documentation for Ascendis to review. Following receipt of the Release Documentation, Final Release shall be performed by Ascendis’ Qualified PersonPerson within [***], such Final Release not to be unreasonably withheldwithheld or delayed. Delivery is subject to Final Release except in the event that Ascendis requests for shipment in Quarantine (as defined in the Quality Agreement)Release. 10.5. Provided Ascendis has delivered [***] in the required amounts in due time, NOF shall deliver [***]. 10.6. Any delay in delivery of the Product and/or Release Documentation shall be notified to Ascendis no later than [***] after the delay has become apparent to NOFCarbogen, including a description of the cause. NOF Carbogen shall [***] solve the issues and shall confirm a new Delivery Date to Ascendis as soon as possible. 10.710.6. If Ascendis finds that the Release Documentation does not comply with the Specifications or with any other requirement under this Agreement, Ascendis shall notify NOF Carbogen in writing of Ascendis’ observations with respect to the non-compliance without undue delay after receipt of such documentation, provided that failure by Ascendis to do so shall not imply any loss of rights or remedy for Ascendis under this Agreement or at law. 10.7. Carbogen will store and insure Product [***] for a period of [***] following the date of release. Beyond this time frame and upon Ascendis’ written request Carbogen shall store released Product for a period of up to [***] and [***].

Appears in 1 contract

Sources: Manufacturing and Supply Agreement (Ascendis Pharma a/S)

DELIVERY AND RELEASE. 10.1. NOF shall deliver Product ordered under Article 8 in the quantities agreed and under the common understanding by the Parties that it is of the essence to Ascendis that NOF observes Delivery Dates and that Product delivered under this Agreement is in accordance with the Specifications and the Quality Agreement. 10.2. Delivery of a quantity of Product within [***] of the ordered quantity shall be deemed acceptable, and Ascendis shall pay for the delivered quantity. 10.3. NOF bears the responsibility towards Ascendis that any required conditions for storage and transportation of the Product as specified in the Quality Agreement are fulfilled until Delivery thereof to Ascendis or its designee. 10.310.4. Product shall be delivered to Ascendis or its designee [***] according to Incoterms 2010, packed in accordance with the requirements set out in the Quality Agreement Agreement, at either the address of a) [***], or b) [***], or c) such other address as Ascendis may specify in writing 10.410.5. NOF shall no later than [***] prior to the confirmed Delivery Date forward the Release Documentation for Ascendis to review. Following receipt of the Release Documentation, Final Release shall be performed by Ascendis’ Qualified Person, such Final Release not to be unreasonably withheld. Delivery is subject to Final Release except in the event that Ascendis requests for shipment in Quarantine (as defined in the Quality Agreement). 10.510.6. Provided Ascendis has delivered NOF shall deliver on the confirmed Delivery Date as set forth in Article 9.5, or no later than [***] in the required amounts in due timeafter receiving notification of Final Release, NOF shall deliver [***]whichever is later. 10.610.7. Any delay in delivery of the Product and/or Release Documentation shall be notified to Ascendis no later than [***] after the delay has become apparent to NOF, including a description of the cause. NOF shall [***] solve the issues and shall confirm a new Delivery Date to Ascendis as soon as possible. 10.710.8. If Ascendis finds that the Release Documentation does not comply with the Specifications or with any other requirement under this Agreement, Ascendis shall notify NOF in writing of Ascendis’ observations with respect to the non-compliance without undue delay after receipt of such documentation, provided that failure by Ascendis to do so shall not imply any loss of rights or remedy for Ascendis under this Agreement or at law.

Appears in 1 contract

Sources: Manufacturing and Supply Agreement (Ascendis Pharma a/S)