Common use of Recalls or Other Corrective Action Clause in Contracts

Recalls or Other Corrective Action. Zogenix shall have sole responsibility for and shall make all decisions with respect to any recall (including recall of packaging and promotion materials), market withdrawals, or any other corrective action related to the Product. Zogenix shall promptly consult with Astellas with respect to any such actions proposed to be taken by Zogenix (and in all events reasonably in advance of the taking of such actions), including all actions that are reasonably likely to result in a material adverse effect on the marketability of the Product in the Territory. At Zogenix’s request, Astellas shall provide reasonable assistance to Zogenix in conducting such recall, market withdrawal, or other corrective action (including retrieving Samples distributed by the Astellas Sales Force to Professionals). [***].