Common use of Quantitative Deficiencies Clause in Contracts

Quantitative Deficiencies. GSK shall inform Adolor of any claim relating to quantitative deficiencies in any shipment of Products within forty (40) days following receipt of any shipment. In the event GSK determines there is a quantitative deficiency in any shipment, with respect to the Product volumes indicated on the applicable Firm Order(s), GSK shall, at its option: (i) only pay for actual quantities delivered; or (ii) require Adolor to rectify any such deficiency by promptly shipping the appropriate quantities of any relevant Product to or as directed by GSK, in which case GSK shall be obligated to pay for any such quantities pursuant to the terms and conditions of this Agreement. Notwithstanding the foregoing, quantities actually shipped pursuant to a Firm Order may vary within the parameters established for the Products set forth in Section 3.5.1 to this Agreement and still be deemed to be in compliance with such Firm Order.

Appears in 1 contract

Sources: Row Supply Agreement (Adolor Corp)

Quantitative Deficiencies. GSK shall inform Adolor Draxis of any claim relating to quantitative deficiencies in any shipment of Products within forty forty-five (4045) days following receipt of any shipment. In the event GSK determines there is a quantitative deficiency in any shipment, with respect to the Product volumes indicated on the applicable Firm Order(s), GSK shall, at its option: (i) only pay for actual quantities delivered; or (ii) require Adolor Draxis to rectify any such deficiency by promptly shipping the appropriate quantities of any relevant Product to or as directed by GSKGSK or a GSK Affiliate, in which case GSK shall be obligated to pay for any such quantities pursuant to the terms and conditions of this Agreement. Notwithstanding the foregoing, quantities actually shipped pursuant to a Firm Purchase Order may vary within the parameters established for each of the Products set forth in Section 3.5.1 on Schedule 5.5 to this Agreement the applicable Specific Product Supplement and still be deemed to be in compliance with such Firm Purchase Order.

Appears in 1 contract

Sources: Supply Agreement (Draxis Health Inc /Cn/)