Common use of Post Certification Clause in Contracts

Post Certification. After a Vendor Partner’s product or service becomes certified by SAFE-BioPharma and is used in commerce in connection with the SAFE- BioPharma Trademark(s), Vendor Partner must ensure that its certified product or service remains at all times in compliance with the Specification. SAFE-BioPharma shall have the right to inspect from time to time, as reasonably necessary, Vendor Partner’s commercially available products and services that are SAFE-BioPharma certified in order to ensure compliance with the Specification and this Agreement. If SAFE-BioPharma determines that a previously certified product or service that is used in commerce in connection with the SAFE-BioPharma Trademark(s) is no longer in compliance with the Specification, then SAFE- BioPharma shall notify Vendor Partner and provide Vendor Partner with thirty (30) days to bring the product or service back into compliance with the Specification,. Where the non-compliant product or service has already been sold or otherwise distributed bearing the SAFE- BioPharma Trademark(s), Vendor Partner will take commercially reasonable actions to offer corrective modifications, including, but not limited to, software upgrades, at no charge to purchasers of the product or service. If Vendor Partner fails to bring the product or service back into compliance with the Specification within thirty (30) days, SAFE-BioPharma shall have the right to announce publicly that the product or service is not in compliance and pursue any remedies enumerated in the STLA. The remedies in this Section 2 are not exclusive and shall not serve to limit Vendor Partner’s liability to any third party or its obligations under Section 4 of this Agreement. If Vendor Partner modifies a previously certified product or service in any way from the form in which it existed at the time it was certified to be in compliance with the Specification, Vendor Partner, at its sole expense, shall perform a supplemental review to confirm continued compliance with the Specification and shall provide the results of that review to SAFE-BioPharma.

Post Certification. After a Vendor Partner’s product or service becomes certified by SAFE-BioPharma SAFE and is used in commerce in connection with the SAFE- BioPharma SAFE Trademark(s), Vendor Partner must ensure that its certified product or service remains at all times in compliance with the Specification. SAFE-BioPharma SAFE shall have the right to inspect from time to time, as reasonably necessary, Vendor Partner’s commercially available products and services that are SAFE-BioPharma SAFE certified in order to ensure compliance with the Specification and this Agreement. If SAFE-BioPharma SAFE determines that a previously certified product or service that is used in commerce in connection with the SAFE-BioPharma SAFE Trademark(s) is no longer in compliance with the Specification, then SAFE- BioPharma SAFE shall notify Vendor Partner and provide Vendor Partner with thirty (30) days to bring the product or service back into compliance with the Specification,, as determined by a SAFE-Approved Testing Lab. Where the non-compliant product or service has already been sold or otherwise distributed bearing the SAFE- BioPharma SAFE Trademark(s), Vendor Partner will take commercially reasonable actions to offer corrective modifications, including, but not limited to, software upgrades, at no charge to purchasers of the product or service. If Vendor Partner fails to bring the product or service back into compliance with the Specification within thirty (30) days, SAFE-BioPharma SAFE shall have the right to announce publicly that the product or service is not in compliance and pursue any remedies enumerated in the STLA. The remedies in this Section 2 are not exclusive and shall not serve to limit Vendor Partner’s liability to any third party or its obligations under Section 4 of this Agreement. If Vendor Partner modifies a previously certified product or service in any way from the form in which it existed at the time it was certified to be in compliance with the Specification, Vendor Partner, at its sole expense, shall perform (in the case of self-certification) or obtain (in the case of lab-certification) a supplemental review to confirm continued compliance with the Specification and shall provide the results of that review to SAFE-BioPharmaSpecification.