Rejection and Replacement. (a) In the event Schw▇▇▇ ▇▇▇ermines that any Scopolamine Units as manufactured are Defective, then, within 60 days after delivery of such Scopolamine Units to Schw▇▇▇, ▇▇hw▇▇▇ ▇▇▇ll provide to Nastech a written notice of rejection, specifying in reasonable detail the manner in which Scopolamine are Defective (the "Notice of Rejection"). If no written Notice of Rejection is given to Nastech by Schw▇▇▇ ▇▇▇hin such 60 day period, such Scopolamine Units shall be deemed to have been accepted by Schw▇▇▇, ▇▇ovided, however, that nothing contained in this Section 4.6(a) shall be deemed to relieve Nastech of its obligations under the warranties set forth in Section 6 below. (b) Upon receipt of a Notice of Rejection from Schw▇▇▇ ▇▇▇ in order to minimize any hardship to Schw▇▇▇'▇ ▇▇▇tomers, Nastech shall use its best efforts to promptly supply to Schw▇▇▇ ▇ ▇uantity of replacement Scopolamine Units meeting the Specifications equal to the size of the lot which Schw▇▇▇ ▇▇▇ims was Defective so that such replacement Scopolamine Units shall be received by Schw▇▇▇ ▇▇▇hin 60 days following Nastech's receipt of Schw▇▇▇'▇ ▇▇▇ice of Rejection. All actual and documented costs and expenses relating to any rejection and replacement pursuant to this Section 4.6 shall be paid by Nastech.
Appears in 1 contract
Sources: License and Supply Agreement (Nastech Pharmaceutical Co Inc)
Rejection and Replacement. (a1) In the event Schw▇▇▇ ▇▇▇ermines that any Scopolamine Units Product, Product samples or Product placebos as manufactured are and/or packaged by CIMA is Defective, then, within 60 30 days after delivery of such Scopolamine Units Product, Product samples or Product placebos to Schw▇▇▇ (▇▇, ▇▇hwin the event that such Product, Product samples or Product placebos is Defective as a result of a latent defect, within 30 days of the discovery of such latent defect), Schw▇▇▇ ▇▇▇ll provide to Nastech CIMA a written notice of rejection, specifying in reasonable detail the manner in which Scopolamine are the Product is Defective (the "Notice of Rejection"). If no written Notice of Rejection is given to Nastech CIMA by Schw▇▇▇ ▇▇▇hin such 60 30 day period, such Scopolamine Units Product, Product samples or Product placebos shall be deemed to have been accepted by Schw▇▇▇, ▇▇ovided, however, that nothing contained in this Section 4.6(a5.5(a) shall be deemed to relieve Nastech CIMA of its obligations under the warranties set forth in Section 6 7 below.
(b2) Upon receipt of a Notice of Rejection from Schw▇▇▇ ▇▇▇ in order to minimize any hardship to Schw▇▇▇'▇ ▇▇▇tomers, Nastech CIMA shall use its best efforts to promptly supply to Schw▇▇▇ ▇ ▇uantity of replacement Scopolamine Units Product, Product samples or Product placebos meeting the Specifications equal to the size of the lot which Schw▇▇▇ ▇▇▇ims was Defective so that such replacement Scopolamine Units Product shall be received by Schw▇▇▇ ▇▇▇hin 60 30 days following NastechCIMA's receipt of Schw▇▇▇'▇ ▇▇▇ice of Rejection. All actual and documented costs and expenses directly relating to any rejection and replacement pursuant to this Section 4.6 5.5 shall be paid by NastechCIMA.
Appears in 1 contract
Sources: Development, License and Supply Agreement (Cima Labs Inc)
Rejection and Replacement. (a) In the event Schw▇▇▇ ▇▇▇ermines that any Scopolamine Nascobal Units as manufactured are Defective, then, within 60 days after delivery of such Scopolamine Nascobal Units to Schw▇▇▇, ▇▇hw▇▇▇ ▇▇▇ll provide to Nastech a written notice of rejection, specifying in reasonable detail the manner in which Scopolamine Nascobal are Defective (the "Notice of Rejection"). If no written Notice of Rejection is given to Nastech by Schw▇▇▇ ▇▇▇hin such 60 day period, such Scopolamine Nascobal Units shall be deemed to have been accepted by Schw▇▇▇, ▇▇ovided, however, that nothing contained in this Section 4.6(a) shall be deemed to relieve Nastech of its obligations under the warranties set forth in Section 6 below.,
(b) Upon receipt of a Notice of Rejection from Schw▇▇▇ ▇▇▇ and in order to minimize any hardship to Schw▇▇▇'▇ ▇▇▇tomers, Nastech shall use its best efforts to promptly supply to Schw▇▇▇ ▇ ▇uantity of replacement Scopolamine Nascobal Units meeting the Specifications equal to the size of the lot which Schw▇▇▇ ▇▇▇ims was Defective so that such replacement Scopolamine Nascobal Units shall be received by Schw▇▇▇ ▇▇▇hin 60 days following Nastech's receipt of Schw▇▇▇'▇ ▇▇▇ice of Rejection. All actual and documented costs and expenses relating to any rejection and replacement pursuant to this Section 4.6 shall be paid by Nastech.
Appears in 1 contract
Sources: License and Supply Agreement (Nastech Pharmaceutical Co Inc)