Common use of Materials Delivery Clause in Contracts

Materials Delivery. As more specifically provided in each Schedule, Tokai shall without undue delay provide the relevant Materials free of charge to QIAGEN. If QIAGEN considers that Materials provided by Tokai do not conform to their specifications, then (a) QIAGEN shall provide Tokai a written notice hereof explaining in detail why Materials do not conform and (b) in case the Parties agree on such non-conformance Tokai shall: (i) provide new or replacement Materials or (ii) if that is not possible, propose and discuss with QIAGEN in good faith an alternative, and amend the Schedule in writing to reflect such alternative. In case the Parties disagree on the question of non-conformance of Material, the Parties will discuss this matter and agree in good faith on a solution. To the extent Tokai requests that QIAGEN procure Materials directly from the relevant vendor, such procurement may be subject to a handling charge to be agreed by the Parties in advance.

Appears in 2 contracts

Sources: Master Collaboration Agreement, Master Collaboration Agreement (Tokai Pharmaceuticals Inc)