Common use of Notification and Recall Clause in Contracts

Notification and Recall. In the event that any governmental agency or authority issues or requests a recall or takes similar action in connection with the Product, or in the event either party determines that an event, incident or circumstance has occurred which may result in the need for a recall or market withdrawal, the party notified of or wishing to call such recall or similar action shall, within twenty-four (24) hours, advise the other party thereof by telephone or facsimile, after which the parties shall promptly discuss and work together to effect an appropriate course of action; provided, however, that either party may initiate a recall or market withdrawal thereafter if it deems such action necessary or appropriate. Notification to the FDA and compliance with applicable law in conducting such recall shall be the responsibility of Anthra.