Example ContractsClausesClaims for Detectable Defects
Claims for Detectable Defects
Claims for Detectable Defects contract clause examples

Claims for Non-Detectable Defects. Company shall notify Takeda within ​ upon discovery of any defect in or failure of Bulk Drug Product to comply with Section 4(A) or Section 14(B) that at the time of delivery was not a Detectable Defect. Company shall provide such notice prior to expiry of shelf life for such Bulk Drug Product. Claims for which Company does not provide notice to Takeda prior to expiry of the shelf life for the Bulk Drug Product shall be forever waived and barred. Permitted claims that are submitted by Company shall state in reasonable detail (reasonably sufficient to enable Takeda to identify the nature of the problem or to dispute the same) the nature of such alleged defect.

Claims for Detectable Defects. Company shall promptly, but in no event later than ​ after delivery of the Bulk Drug Product notify Takeda of the existence and nature of any defect in or failure of the Bulk Drug Product to comply with Section 4(A) or Section 14(B) that could have been detected by a reasonable physical inspection of the Bulk Drug Product at the time of delivery (“Detectable Defects”). If such notice is not provided to Takeda within such ​ period, then Company will be deemed to have accepted such Bulk Drug Product and Takeda will have no further responsibility for such Detectable Defects.

Latent Defects. Notwithstanding the foregoing provisions of this Section 2, Tenant shall have a period of 270 days after the Lease Commencement Date to reasonably identify in writing any latent defects in the mechanical, electrical, and plumbing systems and the structural components serving the Premises. For purposes of this paragraph, “latent defects” means those material defects in such 9950 Medical Center Drive—[[Tenant:Organization]]—Page 4

Latent Defects. If there are any items of Landlord’s Work that were not performed by Landlord in accordance with its obligations under this Lease (including any portion of Landlord’s Work that was not performed in a good workmanlike manner or any equipment installed by Landlord as part of Landlord’s Work that is not in good working order) and provided the same were not reasonably discoverable on the Commencement Date, and provided Tenant identifies in a written notice to Landlord such items of Landlord’s Work (such items, the “Latent Defects”) (which such notice shall set forth the Latent Defect and shall include in reasonable detail the specific nature of such Latent Defect) on or before the date that is one (1) year after the Commencement Date, time being of the essence, then with respect to any Latent Defect in the Base Building Work or the Turn-Key Work, Landlord shall diligently remedy such Latent Defect in accordance with this Lease. If any Latent Defect in the Turn-Key Work is discovered following the date that is one (1) year after the Commencement Date, then to the extent applicable, Landlord shall either, at Landlord’s option, at no additional cost to Landlord # enforce any warranties then held by Landlord from contractors, equipment manufacturers, or others with respect to such Turn-Key Work, or # to the extent permitted under any such warranties, assign or otherwise make available to Tenant the benefit of any such warranties (and Tenant shall assign the same back to Landlord prior to the end of the Term) (provided, the foregoing shall not be construed as to obligate Landlord to cure any Latent Defects with respect to the Turn-Key Work discovered following the date that is one (1) year after the Commencement Date in the event that the facts set forth in subclauses # and/or # are not applicable). Tenant shall provide Landlord and its agents and contractors reasonable access to the Premises to complete any work required of Landlord under this Section 3.04. Landlord may be performing work in connection with the Latent Defects in portions of the Premises at the same time Tenant may be occupying or performing Work in such portion of the Premises and, as such, Landlord and Tenant shall reasonably cooperate and coordinate so as to not delay the performance of such work or interfere with the operation of such Work or Tenant’s business in the Premises.

Claims for Non-Detectable Defects. Company shall notify Takeda within ​ upon discovery of any defect in or failure of Bulk Drug Product to comply with Section 4(A) or Section 14(B) that at the time of delivery was not a Detectable Defect. Company shall provide such notice prior to expiry of shelf life for such Bulk Drug Product. Claims for which Company does not provide notice to Takeda prior to expiry of the shelf life for the Bulk Drug Product shall be forever waived and barred. Permitted claims that are submitted by Company shall state in reasonable detail (reasonably sufficient to enable Takeda to identify the nature of the problem or to dispute the same) the nature of such alleged defect.

Defects. There are no design or construction defects in the Improvements which have or would reasonably be expected to have a material adverse effect with respect to the Improvements.

Detectable Defects” has the meaning in Section 8(A).

As between Licensor and Licensee, Licensee assumes all liability for defects or any type of product liability claim regarding the Licensed Products. In the event that a Customer of any Licensed Product manufactured or sold during the License Period, or any other third party, claims such Licensed Product to be defective or in breach of any warranty or otherwise raises a product liability claim with respect to the Licensed Product, Licensee shall assume all the obligations, liabilities, costs and expenses relating in any manner to such Licensed Product, including, without limitation, any claimed defect or breach of warranty or other product liability claim.

Detectable Defects” has the meaning in Section 8(A).

Claims for Detectable Defects. Company shall promptly, but in no event later than ​ after delivery of the Bulk Drug Product notify Takeda of the existence and nature of any defect in or failure of the Bulk Drug Product to comply with Section 4(A) or Section 14(B) that could have been detected by a reasonable physical inspection of the Bulk Drug Product at the time of delivery (“Detectable Defects”). If such notice is not provided to Takeda within such ​ period, then Company will be deemed to have accepted such Bulk Drug Product and Takeda will have no further responsibility for such Detectable Defects.

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