Common use of MATERIAL SAFETY Clause in Contracts

MATERIAL SAFETY. CyDex shall provide Company, in writing, promptly as it becomes available, with (a) relevant information currently known to it regarding handling precautions, toxicity and hazards with respect to Captisol, and (b) the then-current material safety data sheet for Captisol. Notwithstanding the foregoing or anything in this Agreement to the contrary, Company is solely responsible for (i) use of all documentation provided by CyDex, including without limitation, use in any regulatory submission to the FDA or any other regulatory agency in the Territory (for clarity, CyDex is responsible for the accuracy of the information contained in such documentation), (ii) document control and retention, and (iii) determining the suitability of any documentation provided by CyDex hereunder for use in any regulatory submission.