Example ContractsClausesLatent Defect
Latent Defect
Latent Defect contract clause examples

Latent Defect” is defined in Section 19 hereof.

Latent Defect. Customer may, no later than [***], reject Product if it discovers that such Product has a Latent Defect. Customer must notify Hovione of such Latent Defect in writing within [***] after its discovery of such Latent Defect, which will state in a reasonably sufficient detail a description of the Latent Defect.

Latent Defect” shall mean any defect in a Product that is not reasonably discoverable through Paratek’s (or Paratek’s designee’s) normal incoming goods inspection verification methods and procedures, such methods and procedures to be in accordance with the Quality Agreement. By way of example only, the discoloration of a Product over time due to the presence of an excipient that is not compliant with the Specifications would constitute a Latent Defect.

Latent Defect” a defect in a Batch that Sponsor can demonstrate was present at the time of Disposition but was discovered after Disposition (but within the time frame set forth in Section 6) that renders the Batch as Non-Conforming Batch. Inherent stability or instability of a Product shall never give rise to a Latent Defect. Furthermore, defects caused by Customer’s handling, transportation or storage of the Product shall never give rise to a Latent Defect.

Latent Defect” shall mean any defect in a Product that is not reasonably discoverable through Paratek’s (or Paratek’s designee’s) normal incoming goods inspection verification methods and procedures, such methods and procedures to be in accordance with the Quality Agreement. By way of example only, the discoloration of a Product over time due to the presence of an excipient that is not compliant with the Specifications would constitute a Latent Defect.

Latent Defect” means a Defect in the BDS which cannot be ascertained during visual inspection of the BDS or review of the Batch Records;

Latent Defect” shall mean a Non-conformity that was (i) not reasonably discoverable within the period specified in Section 8.2.1 using the quality control procedures outlined in the Product Specifications or the Quality Agreement; (ii) are attributable to CoreRx’s Processing or Release Testing; and (iii) could not reasonably been deemed to have: (a) been caused by use of Peanut Flour that did not meet the Core Parameters, or (b) occurred after delivery of Product to the carrier.

Latent Defect” shall mean a failure of the applicable Product to comply with cGMP or the Specifications that (a) couldn’t reasonably have been identified through review of the Records or the initial testing and inspection of the applicable Product, and (b) is the fault of Hovione. “Latent Defect” does not include any such failure of Product to comply with cGMP or the Specifications that [***]. For the avoidance of doubt, if any Product [***].

Latent Defect” shall mean any defect in a Product that is not reasonably discoverable through Paratek’s (or Paratek’s designee’s) normal incoming goods inspection verification methods and procedures, such methods and procedures to be in accordance with the Quality Agreement.

Latent Defect” means a defect in a Product that (a) was not discoverable upon reasonable inspection during the Review Period, and (b) Client provides Catalent written notice of within no more than [...***...] after delivery of such Product.

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