Latent Defects. ​. “Latent Defect” means any defect that is not reasonably discoverable by Graphite within the review period specified in the Quality Agreement. If Graphite does provide WuXi ATU written notice of a Latent Defect within ​ then the provisions of Section 9.6 will be triggered.

Defective Products. Any Products delivered to [[Organization B:Organization]] by [[Organization A:Organization]] which are finally determined to be a Defective Product or contain a Latent Defect in accordance with Section 3.2, shall be replaced at [[Organization A:Organization]]'s expense. In the event the Product is determined to have a Latent Defect, the Product will be promptly returned to the [[Organization A:Organization]] by the [[Organization B:Organization]].

#[[Organization B:Organization]] will inspect each shipment of Product upon receipt to verify such shipment's conformity to the relevant Purchase Order, Laws, and Specifications as of the time the Product was delivered to [[Organization B:Organization]]. If [[Organization B:Organization]] determines that any portion or all of any shipment of the Product did not conform to the Purchase Order as of the time it was delivered to [[Organization B:Organization]] (each non-conforming Product , a " Defective Product" ), then [[Organization B:Organization]] shall be entitled to reject such portion or all of any shipment of Product that includes Defective Product. [[Organization B:Organization]] shall notify [[Organization A:Organization]] in writing if the shipment of Product includes Defective Product that existed at the time of the delivery of the Products to [[Organization B:Organization]]. Such notification shall be made as soon as reasonably practicable after discovery of the nonconformity, but not later than thirty (30) days after delivery of the Products. Such notice shall: # specify the reasons for rejection, and # contain the testing results and methodology used to determined non-conformance of the Defective Product. If [[Organization B:Organization]] does not so reject the Products within thirty (30) days after delivery, [[Organization B:Organization]] shall be deemed to have accepted the Products. After notice of rejection is received by [[Organization A:Organization]], [[Organization B:Organization]] shall cooperate with [[Organization A:Organization]] in determining whether such rejection is justified. [[Organization A:Organization]] shall notify [[Organization B:Organization]] as soon as reasonably possible, but not later than thirty (30) days after receipt of the notice from [[Organization B:Organization]], whether it accepts [[Organization B:Organization]]' s basis for rejection. Notwithstanding anything to the contrary, if a portion or all of any shipment of Product has a latent defect that renders such Product a Defective Product prior to the expiry date of such Product and that # was not reasonably discoverable within the inspection period specified in this Section 3.2 an # was attributable to [[Organization A:Organization]]' s manufacture and/or supply and # did not occur after receipt of such Product by [[Organization B:Organization]] as described in Section 3.2 (each such defect, a " Latent Defect" ), [[Organization B:Organization]] shall promptly, and in no event more than twenty (20) days after the discovery or notification of such Latent Defect, notify [[Organization A:Organization]] of such Latent Defect. If [[Organization A:Organization]] accepts [[Organization B:Organization]]'s determination that the Product is a Defective Product or that the Product contain s a Latent Defect, then [[Organization B:Organization]] shall be entitled to the remedies set forth in Section 6.4 hereof. If [[Organization A:Organization]] does not accept [[Organization B:Organization]]'s determination that the Product is a Defective Product or that the Product contains a Latent Defect, and [[Organization B:Organization]] does not accept [[Organization A:Organization]]'s conclusion, then [[Organization A:Organization]] and [[Organization B:Organization]] shall jointly select an independent Third Party to determine whether it conforms to the Purchase Order (the "Third Party Determination"). The Parties agree that the Third Party Determination shall be final. If the Third Party rules that the Product conformed to the Purchase Order as of the time the Product was delivered to [[Organization B:Organization]] or that the Product does not contain a Latent Defect, as applicable, then [[Organization B:Organization]] shall be deemed to have accepted the Product at the agreed upon price and [[Organization B:Organization]] shall bear the cost of the Third Party Determination. If the Third Party rules that the Product does not conform to the Purchase Order at the time the Product was delivered to [[Organization B:Organization]] or that the Product contains a Latent Defect, then [[Organization B:Organization]] shall be entitled to the remedies set forth in Section 6.4 hereof and [[Organization A:Organization]] shall bear the cost of such Third Party Determination. In the event the Product is determined to have a Latent Defect, the Product will be promptly returned to the [[Organization A:Organization]] by the [[Organization B:Organization]].

Notwithstanding anything to the contrary above, Landlord shall, at Landlord’s sole cost, repair any latent defects in the Building systems serving the Third Floor Additional Premises or in the work performed by Landlord pursuant to the above, provided that Tenant notifies Landlord of such defect not later than three (3) months following the completion of Landlord’s work pursuant to the above. In no event shall Landlord be required to repair any condition caused by Tenant’s contractors, employees or agents.

​ acknowledges that it is a sophisticated and experienced ​ of real estate; that numerous apartment complexes contain mold, water damage, fungi, bacteria and/or other biological growth or biological growth factors; and that the Property may contain mold, water damage, fungi, bacteria, and/or other biological growth or biological growth factors which ​ may not discover prior to the Closing. ​ agrees that in purchasing the Property from the ​, it is assuming the risk that the Property may contain mold, water damage, fungi, bacteria, and/or other biological growth or biological growth factors even as a result of a patent or latent construction defect.

Promptly following Release of Batches, Customer shall inspect such Batches and shall have the right to test such Batches to determine compliance with the Specifications. Customer shall notify Lonza in writing of any rejection of a Batch based on any claim that it fails to meet Specifications within ​ of Release, after which time all unrejected Batches shall be deemed accepted. Customer shall inform Lonza in writing in case of concealed or latent defects (i.e. not discovered by routine quality control means), promptly upon discovery of such defects but no later than ​ after initial discovery of the defect and in no event after ​ from Release of the Batch.

Accuracy, Error, Defect in Graphite Materials or Graphite Information. WuXi ATU is not liable for # any error or defect in, or the accuracy of Graphite Materials or Graphite Information or for any error or defect in the Services arising out of or related to any inaccuracies, error or defect in such Graphite Materials or Graphite Information, nor for # any consequences of such inaccuracies, errors or defects, including but not limited to, any liability arising out of any delay by WuXi ATU to timely perform the Services.

AYTU shall notify TRIS in writing of its rejection of any Product supplied to it pursuant to this Agreement (“Rejection Notice”) as follows: # in the case of defects that are readily discoverable upon a physical inspection of a Product shipment, AYTU shall deliver a Rejection Notice within thirty (30) calendar days after AYTU or its designated facility has received such Product shipment, or # in the case of a latent defect or any defect that was not obvious and could not be readily discovered from a physical inspection of the Product supplied, AYTU shall deliver a Rejection Notice within ten (10) calendar days of the date that AYTU discovers such defect, but in any event prior to the expiration date of the shelf life of such Product. Failure to provide a Rejection Notice to TRIS within the applicable period shall constitute acceptance by AYTU of the shipment for purposes of [clause (i) or (ii) above], as applicable. Rejection Notices that are provided by AYTU shall state in reasonable detail (sufficient to enable TRIS to identify the nature of the problem for tests or studies to be conducted by or on its behalf or to dispute the same) the reason why AYTU believes the Product does not conform to the Product Specifications and/or the Product warranties contained in Section 8.1. AYTU shall, within five (5) Business Days of the delivery by AYTU of any such Rejection Notice, provide samples of the Product being rejected, if appropriate, and copies of written reports relating to tests, studies or investigations performed to date by or on behalf of AYTU on the Product being rejected.

Delivery of the Premises. When Landlord’s Work is Substantially Complete, subject to the remaining terms and provisions of this [Section 3(e)], Tenant shall accept the Premises. Tenant’s taking possession and acceptance of the Premises shall not constitute a waiver of: # any warranty with respect to workmanship (including installation of equipment) or material (exclusive of equipment provided directly by manufacturers), # any non-compliance of Landlord’s Work with applicable Legal Requirements, or # any claim that Landlord’s Work was not completed substantially in accordance with the Tl Construction Drawings (subject to Minor Variations and such other changes as are permitted hereunder) (collectively, a “Construction Defect”). Tenant shall have one year after Substantial Completion within which to notify Landlord of any such Construction Defect discovered by Tenant, and Landlord shall use reasonable efforts to remedy or cause the responsible contractor to remedy any such Construction Defect within 30 days thereafter. Notwithstanding the foregoing, Landlord shall not be in default under the Lease if the applicable contractor, despite Landlord’s reasonable efforts, fails to remedy such Construction Defect within such 30-day period. If contractor fails to remedy such Construction Defect within a reasonable time, Landlord shall use reasonable efforts to remedy the Construction Defect within 30 days unless such Construction Defect cannot reasonably be remedied in 30 days in which case Landlord shall thereafter continue to diligently pursue such remedy.

correct any defect, supply any omission and reconcile any inconsistency in the Plan; and