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

Remedies for Non-Conforming Product. 5.4.1 In the event that the Parties agree, or an independent testing laboratory determines, pursuant to Section 5.3, that a Batch of Product materially fails to conform to the Product Warranties due to the failure of: (a) LWI personnel properly to execute the Master Production Record, (b) LWI personnel to comply with cGMP, or ( c) the Facility utilities, then, at CLIENT's request, L WI will produce for CLIENT sufficient quantities of Product to replace the non­conforming portion of such Batch of Product (the "Production Rerun"), in accordance with the provisions of this Agreement and at no additional cost to CLIENT. 5.4.2 In the event that the Parties agree, or an independent testing laboratory determines, pursuant to Section 5.3, that a Batch of Product materially fails to conform to the Product Warranties for any reason other than as set forth in Section 5.4.1, then LWI shall have no liability to CLIENT with respect to such Batch and L WI will, at CLIENT's request, produce for CLIENT a Production Rerun at CLIENT's expense. 5.4.3 CLIENT acknowledges and agrees that its sole remedy with respect to the failure of Product to conform with any of the Product Warranties is as set forth in this Section 5.4, and in furtherance thereof, Client hereby waives all other remedies at law or in equity regarding the foregoing claims.

Remedies for Non-Conforming Product. 5.4.1 In the event that the Parties agree, or an independent testing laboratory determines, pursuant to Section 5.3, that a Batch of Product materially fails to conform to the Product Warranties due to the failure of: (a) LWI personnel properly to execute the Master Production Record, (b) LWI personnel to comply with cGMP, or ( (c) the Facility utilities, then, at CLIENT's ’s request, L WI LWI will produce for CLIENT sufficient quantities of Product to replace the non­conforming non-conforming portion of such Batch of Product (the "“Production Rerun"”), in accordance with the provisions of this Agreement and at no additional cost to CLIENT. 5.4.2 In the event that the Parties agree, or an independent testing laboratory determines, pursuant to Section 5.3, that a Batch of Product materially fails to conform to the Product Warranties for any reason other than as set forth in Section 5.4.15.4.1 , then LWI shall have no liability to CLIENT with respect to such Batch and L WI LWI will, at CLIENT's ’s request, produce for CLIENT a Production Rerun at CLIENT's ’s expense. 5.4.3 CLIENT acknowledges and agrees that its sole remedy with respect to the failure of Product to conform with any of the Product Warranties is as set forth in this Section 5.4, and in furtherance thereof, Client hereby waives all other remedies at law or in equity regarding the foregoing claims.

Remedies for Non-Conforming Product. 5.4.1 In the event that the Parties agree, or an independent testing laboratory determines, pursuant to Section 5.3, that a Batch of Product materially fails to conform to the Product Warranties due to the failure of: (a) LWI personnel properly to execute the Master Production Record, (b) LWI personnel to comply with cGMP, or ( (c) the Facility utilities, then, at CLIENT's ’s request, L WI LWI will produce for CLIENT sufficient quantities of Product to replace the non­conforming non-conforming portion of such Batch of Product (the "“Production Rerun"”), in accordance with the provisions of this Agreement and at no additional cost to CLIENT. 5.4.2 In the event that the Parties agree, or an independent testing laboratory determines, pursuant to Section 5.3, that a Batch of Product materially fails to conform to the Product Warranties for any reason other than as set forth in Section 5.4.1, then LWI shall have no liability to CLIENT with respect to such Batch and L WI LWI will, at CLIENT's ’s request, produce for CLIENT a Production Rerun at CLIENT's ’s expense. 5.4.3 CLIENT acknowledges and agrees that its sole remedy with respect to the failure of Product to conform with any of the Product Warranties is as set forth in this Section 5.4, and in furtherance thereof, Client hereby waives all other remedies at law or in equity regarding the foregoing claims.