Common use of Latent Defect Clause in Contracts

Latent Defect. At any time after completion of review of the Batch Related Documents, if Client finds any hidden defects of the Product which could not have been reasonably discovered through the review of the Batch Related Documents (“Latent Defect”), Client shall promptly give notice of such claim in writing to *. In such case, if Client proves the Latent Defect is solely due to * Assignable Error, the above Section 5.9.2(a)(iii) and Section 13.1 shall apply. If no written claim for Latent Defect of the Product is received by * within one (1) month from Client’s discovery of the Latent Defect, the Product shall be deemed as irrevocably accepted. Notwithstanding anything to the contrary; such claim for Latent Defect must be made within a time period to be set forth in the applicable PSA, but in no event after the expiration date of the Product. For the avoidance of doubt, a Latent Defect is a defect in existence at the time of completion of the Acceptance Procedure.

Appears in 1 contract

Sources: Master Services Agreement (Tg Therapeutics, Inc.)

Latent Defect. At any time after completion of review of the Batch Related Documents, if Client finds any hidden defects of the Product which could not have been reasonably discovered through the review of the Batch Related Documents (“Latent Defect”), Client shall promptly give notice of such claim in writing to *SBL. In such case, if Client proves the Latent Defect is solely due to * SBL Assignable Error, the above Section 5.9.2(a)(iii) and Section 13.1 shall apply. If no written claim for Latent Defect of the Product is received by * SBL within one (1) month from Client’s discovery of the Latent Defect, the Product shall be deemed as irrevocably accepted. Notwithstanding anything to the contrary; such claim for Latent Defect must be made within a time period to be set forth in the applicable PSA, but in no event after the expiration date of the Product. For the avoidance of doubt, a Latent Defect is a defect in existence at the time of completion of the Acceptance Procedure.

Appears in 1 contract

Sources: Master Services Agreement (Tg Therapeutics, Inc.)

Latent Defect. At any time after completion of review of the Batch Related Documents, if Client finds any hidden defects of the Product which could not have been reasonably discovered through the review of the Batch Related Documents (“Latent Defect”), Client shall promptly give notice of such claim in writing to *SBL. In such case, if Client proves the Latent Defect is solely due to * SBL Assignable Error, the above Section 5.9.2(a)(iii) and Section 13.1 shall apply. If no written claim for Latent Defect of the Product is received by * SBL within one (1) month from Client’s [*] discovery of the Latent Defect, the Product shall be deemed as irrevocably accepted. Notwithstanding anything to the contrary; such claim for Latent Defect must be made within a time period to be set forth in the applicable PSA, but in no event after the expiration date of the Product. For the avoidance of doubt, a Latent Defect is a defect in existence at the time of completion of the Acceptance Procedure.. ​

Appears in 1 contract

Sources: Master Services Agreement (Checkpoint Therapeutics, Inc.)