Example ContractsClausesinsured claimsVariants
Insured Claims
Insured Claims contract clause examples

Client may claim a remedy (a “Product Claim”) for any portion of any batch of Product for which Patheon did not perform the Manufacturing Services in accordance with the agreed Processing Instructions, Specifications, cGMPs, or Applicable Laws (“Deficient Product”). Client will inspect Product manufactured by Patheon, or batch documentation provided by Patheon, upon receipt and will give Patheon written notice of all Product Claims ​ (or, in the case of any deficiency not reasonably susceptible to discovery upon receipt, ​, but not after the expiration date of the Product). If Client fails to provide a Product Claim within the applicable ​ period, then the Product will be considered to have been accepted by Client on the ​.

Client may claim a remedy (a “Product Claim”) for any portion of any batch of Product for which Patheon did not perform the Manufacturing Services in accordance with the agreed Processing Instructions, cGMPs, the Quality Agreement, the Specifications, this Agreement, or Applicable Laws (“Deficient Product”). Any Product Claim concerning Deficient Product shall be communicated by Client to Patheon in writing as soon as possible, but in no event later than ​ from its discovery by Client or its designees. For clarification, after the end of the above-mentioned ​ period to issue a Product Claim, neither Client nor its designees shall be entitled to claim that the Product delivered by Patheon constituted Deficient Product. Client shall not be entitled to claim that the Product delivered by Patheon is Deficient Product if Client, or as appropriate, its designees, fail to perform the tests, analysis, inspections and/or reviews of the Product appropriately, reasonably, and in a timely manner consistent with industry standard, and/or complete its related documentation required under Applicable Laws, the Quality Agreement, and/or cGMP.

Client may claim a remedy (a “Product Claim”) for any portion of any batch of Product for which Patheon did not perform the Manufacturing Services in accordance with the agreed Processing Instructions, cGMPs, or Applicable Laws (“Deficient Product”). Client will inspect Product manufactured by Patheon, or batch documentation provided by Patheon, upon receipt and will give Patheon written notice of all Product Claims within 30 days after receipt (or, in the case of any deficiency not reasonably susceptible to discovery upon receipt, within 30 days after discovery by Client, but not after the expiration date of the Product). If Client fails to provide a Product Claim within the applicable 30 day period, then the Product will be considered to have been accepted by Client on the 30th day. Patheon will have no liability for any deficiency for which it has not received notice within the applicable 30 day period.

Product Claims. Client has the right to reject and return, at Patheon’s expense for any Products for which Patheon has responsibility under [Section 6.3] (and otherwise at Client’s expense), any portion of any shipment of Products that deviate from the Specifications, cGMPs, or Applicable Laws, without invalidating any remainder of the shipment. Client will visually inspect the Products manufactured by Patheon upon receipt thereof and will give Patheon written notice (a "Deficiency Notice") of all claims for Products that deviate from the Specifications, cGMPs, or Applicable Laws, within ​ after Client’s receipt thereof (or, in the case of any defects not reasonably susceptible to discovery upon receipt of the Product, within ​ after discovery by Client, but not after the expiration date of the Product). Should Client fail to give Patheon the Deficiency Notice within the applicable ​ period, then the delivery will be deemed to have been accepted by Client on the ​ after delivery or discovery, as applicable.

Product Claims. Client has the right to reject any portion of any shipment of Products that deviate from the Specifications, cGMPs, or Applicable Laws, without invalidating any remainder of the shipment. Client will inspect the Products manufactured by Patheon promptly upon receipt and will give Patheon written notice (a "Deficiency Notice") of all claims for Products that deviate from the Specifications, cGMPs, or Applicable Laws, within ​ days after Client’s receipt thereof (or, in the case of Master Manufacturing Services Agreement

Patheon will provide a remedy for Product Claims as specified in Section 10.2, but Patheon will have no obligation for any Product Claims to the extent the Deficient Product was caused by: # deficiencies in the Processing Instructions, Specifications, the safety, efficacy, or marketability of the Product or its distribution; # a defect in the DS; # actions of Client or third parties occurring after the Product is delivered by Patheon; # packaging design or labelling defects or omissions for which Patheon has no responsibility; # any unascertainable reason despite Patheon having performed the Manufacturing Services in accordance with the Processing Instructions, Specifications, cGMPs, and Applicable Laws; or # any other breach by Client of its obligations under this Agreement. If after a full investigation as set out in the Quality Agreement and this Section 6.1, it is determined that Patheon manufactured the applicable Product fully in accordance with the agreed Processing Instructions, Specifications, cGMPs, or Applicable Laws, and the Quality Agreement but a batch or portion of batch of Product is not released, Client will pay Patheon the Price for the Product. If after a full investigation as set out in the Quality Agreement and this [Section 6.1(b)(ii)], it is not determined that Patheon manufactured the applicable Product fully in accordance with the agreed Processing Instructions, cGMPs, or Applicable Laws, and the Quality Agreement, then Patheon will reimburse Client for the cost of the Client Supplied Components and DS used in or for the Product, subject to the limitation of Patheon’s liability for DS loss is set out in Appendix 3.

Draft better contracts
faster with AllDrafts

AllDrafts is a cloud-based editor designed specifically for contracts. With automatic formatting, a massive clause library, smart redaction, and insanely easy templates, it’s a welcome change from Word.

And AllDrafts generates clean Word and PDF files from any draft.