Common use of Material Errors Clause in Contracts

Material Errors. In the event WIL commits a material error in the performance of Services for a Study, which material error causes the results of such Study to be unusable for Sponsor’s stated purposes set forth in the relevant Protocol, at Sponsor’s election, WIL will at Sponsor’s election either (i) rerun that part of the Study (or, if necessary, the whole Study) as soon as possible at WIL’s cost or (ii) refund to Sponsor the sums paid to WIL as of that date on account of the Study. The foregoing shall be the Sponsor’s sole remedy with respect to errors of WIL in the conduct of a Study.

Appears in 1 contract

Sources: Master Laboratory Services Agreement (Prana Biotechnology LTD)

Material Errors. In the event WIL commits a material error in the performance of Services for a Study, which material error causes the results of such Study to be unusable for Sponsor’s stated purposes set forth in the relevant Protocol, at Sponsor’s election, WIL will at Sponsor’s election either (i) rerun that part of the Study (or, if necessary, the whole Study) as soon as possible at WIL’s cost on terms mutually acceptable to WIL and Sponsor or (ii) refund to Sponsor the sums paid to WIL as of that date on account of the Study. The foregoing shall be the Sponsor’s sole remedy with respect to errors of WIL in the conduct of a Study.

Appears in 1 contract

Sources: Master Laboratory Services Agreement (Intercept Pharmaceuticals Inc)