Common use of Remedies for Non-Conforming Product Clause in Contracts

Remedies for Non-Conforming Product. In the event ▇▇▇▇▇▇ agrees that the Batch of Drug Product is non-conforming as a result of the negligence, willful misconduct, or breach of this agreement by ▇▇▇▇▇▇ or the laboratory determines that the shipment of Drug Product is non-conforming as a result of the negligence, willful misconduct, or breach of this Agreement by ▇▇▇▇▇▇, then ▇▇▇▇▇▇, at CLIENT’S option, and at ALTHEA’S sole cost and expense shall either (i) replace such non-conforming Drug Product within sixty (60) calendar days from receipt of replacement Bulk Drug Substance from CLIENT and reimburse CLIENT for reasonable costs of replacing Bulk Drug Substance, or (ii) refund the Purchase Price of the non-conforming Drug Product and reimburse CLIENT for the reasonable costs of replacing Bulk Drug Substance. ▇▇▇▇▇▇ will obtain specific insurance coverage in order to reimburse the client for replacing Bulk Drug Substance during the period of performance and the cost of this supplemental insurance shall be at the CLIENT’S expense. In no event will ALTHEA’S liability for the replacement costs of Bulk Drug Substance exceed $[******].