SUSPENSION OF DISTRIBUTION AND RECALLS Clause Samples

The 'Suspension of Distribution and Recalls' clause allows a party to temporarily halt the distribution of products and initiate product recalls when necessary, typically due to safety concerns, regulatory issues, or product defects. In practice, this clause outlines the procedures for suspending shipments, notifying relevant parties, and managing the logistics of recalling products already in the market. Its core function is to protect consumers and limit liability by ensuring that potentially harmful or non-compliant products are swiftly removed from distribution channels.
SUSPENSION OF DISTRIBUTION AND RECALLS. 11.1 If requested by Biogen as the result of a problem with Product quality or a directive from the FDA, Nova Factor shall suspend distribution of Product. If the suspension continues for more than * (*) * Biogen will repurchase the Product held in inventory by Nova Factor at * and Nova Factor shall have the right to terminate this Agreement for material breach under Section 14.3 excluding the thirty (30) day cure period. 11.2 Biogen shall promptly notify Nova Factor of any recalls initiated by Biogen or required by the FDA. Upon receipt of notice of a recall from Biogen, Nova Factor shall immediately notify the affected customers Biogen shall provide Nova Factor with the form of letter to be used in connection with notice of any recall which shall contain the * Omitted information is the subject of a request for confidential treatment pursuant to Rule 406 under the Securities Act of 1933 and has been filed separately with the Securities Exchange Commission. appropriate instructions as to whether the customer should return or dispose of the affected Product. Biogen shall be responsible for the mailing, shipping and reasonable administrative expenses incurred by Nova Factor in connection with the recall as well as the cost of replacement Product for Nova Factor's customers, provided that the reason for the recall does not arise from (i) the negligence or intentional misconduct of Nova Factor or any of its agents or employees or (ii) failure of Nova Factor to follow applicable SOPs or to otherwise comply with the terms of this Agreement. Nova Factor shall cooperate in any recalls by providing relevant Product tracking information to Biogen.
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SUSPENSION OF DISTRIBUTION AND RECALLS. 11.1 If requested by Centocor as the result of a problem with Product quality or directive from the FDA, Nova Factor shall suspend distribution of Product. If the suspension continues for more than * (*) *, Centocor will repurchase the Product held in inventory by Nova Factor at the Purchase Price paid by Nova Factor including all contractual discounts, Nova Factor will ship the repurchased Product to Centocor at * expense and Nova Factor shall have the right to terminate this Agreement upon * (*) * written notice. 11.2 Centocor shall promptly notify Nova Factor of any recalls of Product initiated by Centocor or required by the FDA. Upon receipt of notice of a recall of Product from Centocor, Nova Factor shall notify as appropriate the affected customers. Centocor shall provide Nova Factor with the form of letter to be used in connection with notice of any recall which shall contain the appropriate instructions as to whether the customer should return or dispose of the affected Product. *. Nova Factor shall cooperate in any recalls by providing Product tracking information reasonably requested by Centocor. *Omitted information is the subject of a request for confidential treatment pursuant to Rule 406 under the Securities Act of 1933 and has been filed separately with the Securities and Exchange Commission.
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SUSPENSION OF DISTRIBUTION AND RECALLS. Upon written notification and request by Pharmacyclics to suspend distribution of Product, Distributor shall use commercially reasonable efforts to suspend its distribution of Product. If the suspension continues for more than six (6) weeks, Pharmacyclics will repurchase the Product held in inventory by Distributor at the price paid for such Product by Distributor, and Distributor shall have the right to terminate this Agreement for material breach under Section 13.3 excluding the thirty (30) day cure period. All repurchased Product shall be returned to Pharmacyclics at Pharmacyclics’ expense. 10.1 Pharmacyclics shall promptly notify Distributor of any recalls initiated by Pharmacyclics or required by the FDA. Upon receipt of notice of a recall from Pharmacyclics, Distributor shall promptly notify the affected Participants in accordance with Distributor’s standard recall guidelines. Pharmacyclics shall provide Distributor with a form letter to be used in connection with notice of any recall, subject to Distributor’s review and prior written approval of the form letter, which approval shall not unreasonably withheld. Pharmacyclics shall be responsible for the mailing, shipping and reasonable administrative expenses incurred by Distributor in connection with the recall as well as the cost of replacement Product for Distributor’s Participants, except to the extent that the reason for the recall arises from (i) the negligence or intentional misconduct of Distributor or any of its agents or employees or (ii) failure of Distributor to comply with the terms of this Agreement. Distributor shall cooperate in any recalls by providing relevant Product information to Pharmacyclics. 10.2 Distributor shall maintain for two (2) years after termination or expiration of this Agreement such information as reasonably required in the event of a Product recall after termination or expiration of this Agreement, and shall make such information available to Pharmacyclics at Pharmacyclics’ expense in the event of such a recall. 10.3 Distributor shall use its commercially reasonable efforts to cooperate with Pharmacyclics in investigating any Product failure which resulted in the need for a recall.
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SUSPENSION OF DISTRIBUTION AND RECALLS 
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  • Suspension of Dispositions Each Holder agrees by acquisition of any Registrable Shares that, upon receipt of any notice (a “Suspension Notice”) from the Company of the happening of any event of the kind described in Section 2.5(vi)(C) such Holder will forthwith discontinue disposition of Registrable Shares until such Holder’s receipt of the copies of the supplemented or amended prospectus, or until it is advised in writing (the “Advice”) by the Company that the use of the prospectus may be resumed, and has received copies of any additional or supplemental filings which are incorporated by reference in the prospectus, and, if so directed by the Company, such Holder will deliver to the Company all copies, other than permanent file copies then in such Holder’s possession, of the prospectus covering such Registrable Shares current at the time of receipt of such notice. In the event the Company shall give any such notice, the time period regarding the effectiveness of registration statements set forth in Sections 2.5(ii) and 2.5(iii) hereof shall be extended by the number of days during the period from and including the date of the giving of the Suspension Notice to and including the date when each seller of Registrable Shares covered by such registration statement shall have received the copies of the supplemented or amended prospectus or the Advice. The Company shall use its reasonable best efforts and take such actions as are reasonably necessary to render the Advice as promptly as practicable.