Common use of Dispute as to Defect; Submission to Independent Testing Laboratory Clause in Contracts

Dispute as to Defect; Submission to Independent Testing Laboratory. If Pacira disputes Company’s assertion that certain Product is a Nonconforming Product, then at either Party’s request the Independent Testing Laboratory and subject to agreement by the Parties as to the appropriate procedures and tests to be conducted, shall analyze a sample of the allegedly Nonconforming Product and any shipment as necessary to determine whether the rejected Product is Nonconforming Product. PACIRA & EKR CONFIDENTIAL 3.2.8.1 The Independent Testing Laboratory shall use such procedures and tests to reach a conclusion. Both Parties agree to cooperate with the Independent Testing Laboratory’s reasonable requests for assistance in connection with its analysis hereunder. 3.2.8.2 Both Parties shall be bound by the Independent Testing Laboratory’s results of analysis, which, in the absence of manifest error, shall be deemed final as to any dispute over the Nonconformity. 3.2.8.3 The costs of testing by the Independent Testing Laboratory together with any reasonable costs incurred by the Parties shall be borne by the losing Party, or if the laboratory or expert cannot place the fault noticed and complained about, then the Parties shall share equally the expenses in connection with such laboratory or expert and bear their own costs.

Dispute as to Defect; Submission to Independent Testing Laboratory. If Pacira disputes Company’s assertion that certain Finished Product is a Nonconforming Product, then at either Party’s request the a mutually agreeable independent testing laboratory (“Independent Testing Laboratory and subject to agreement by the Parties as to the appropriate procedures and tests to be conducted, Laboratory”) shall analyze a sample of the allegedly Nonconforming Product and any shipment as necessary to determine whether the rejected Finished Product is Nonconforming Product. PACIRA & EKR CONFIDENTIAL. 3.2.8.1 The Independent Testing Laboratory shall use such procedures and tests to reach a conclusion. 3.2.7.1 Both Parties agree to cooperate with the Independent Testing Laboratory’s reasonable requests for assistance in connection with its analysis hereunder. 3.2.8.2 3.2.7.2 Both Parties shall be bound by the Independent Testing Laboratory’s results of analysis, which, in the absence of manifest error, shall be deemed final as to any dispute over the Nonconformity. 3.2.8.3 3.2.7.3 The costs of testing by the Independent Testing Laboratory together with any reasonable costs incurred by the Parties shall be borne by the losing Party, or if the laboratory or expert Independent Testing Laboratory cannot place the fault noticed and complained about, then the Parties shall share equally the expenses in connection with such laboratory or expert and bear their own costsIndependent Testing Laboratory.