Common use of Latent Defect Clause in Contracts

Latent Defect. In the event Synthorx discovers a Latent Defect in a Batch after Synthorx previously accepted such Batch as a Conforming Batch pursuant to paragraphs (d) or (e) of this Section, Synthorx will have one month from the date of acceptance of that Batch to reject such Batch because of the Latent Defect. Notice of rejection of a Batch because of a Latent Defect must be in writing and sent to Provider by certified mail or nationally recognized express courier service within two weeks of the discovery of the Latent Defect, and such notice must include a detailed explanation as to why the alleged Latent Defect does not adhere to the applicable Work Order or cGMP (if applicable). Any disagreement as to whether the Latent Defect causes the subject Batch to fail to conform to the applicable Work Order or cGMP (if applicable) will be resolved in accordance with the procedures set forth in paragraph (e) of this Section.