Testing Samples Release Clause Samples

Testing Samples Release. 5.1 Releasing; Rejection. PCI shall provide Client or its designee with a completed Batch Record according to Section 9.1. Upon review and acceptance of such batch record including resolution of any deviations, PCI will then provide Client with a Certificate of Release for each Batch consistent with the requirements in the Quality Agreement. Client shall notify PCI in writing that it agrees with this release according to terms of the Quality Agreement. Client is subsequently responsible for final release of Packaged Product to the market. Unless within […***…] days after Client’s physical receipt of a Batch, including batch records (“Review Period”), Client or its designee notifies PCI in writing (an “Exception Notice”) that the Packaging of such Batch does not meet the warranty set forth in Section 12.1 (“Defective Packaging”), and provides a sample of the alleged Defective Packaging, the Packaging shall be deemed accepted by Client and Client shall have no right to reject such Batch. Such acceptance will not apply in the case of any Defective Packaging not reasonably susceptible to discovery upon receipt of the Packaged Product, such defect to be defined as a “Latent Defect”. Client will use commercially reasonable efforts to report Latent Defects as soon as possible but in any event not later than […***…] days after discovery by Client, but not after the expiration date of the Product. 5.2 Upon timely receipt of an Exception Notice from Client, PCI shall conduct an appropriate investigation in its discretion to determine whether or not it agrees with Client that the Packaging is Defective Packaging and to determine the cause of any nonconformity. If PCI agrees that Packaging is Defective Packaging and determines that the cause of nonconformity is attributable solely to PCI’s negligence, willful misconduct, or failure to meet the warranty set forth in Section 12.1 (“PCI Fault”), then Section 5.4 shall apply. For avoidance of doubt, where the cause of nonconformity cannot be determined or assigned as above, it shall not be deemed PCI Fault.
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  • API If the Software offers integration capabilities via an API, your use of the API may be subject to additional costs or Sage specific policies and terms and conditions (which shall prevail in relation to your use of the API). You may not access or use the API in any way that could cause damage to us or the Software, or in contravention of any applicable laws. We reserve the right in our sole discretion, to: (i) update any API from time to time; (ii) place limitations around your use of any API; and (iii) deny you access to any API in the event of misuse by you or to otherwise protect our legitimate interests.