Latent Defect
Latent Defect. Shall mean a defect that causes Commercial Materials or Current Materials to fail to conform to the Materials Specifications or to the warranties provided by Supplier hereunder, which defect is not discoverable upon reasonable physical inspection and testing performed pursuant to Sections 4.4 and 7.3 but is discovered at a later time
Found in
DEXCOM INC contract
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 existing at the time of delivery of the Product to Customer or its designee(s) but which could not reasonably be discovered by a visual inspection of its outer packaging or any accompanying documentation.
Found in
ACADIA PHARMACEUTICALS INC contract
Latent Defect. Means an impurity in API caused by Avecia, other than an impurity which is an intrinsic feature of API as produced by Avecia and present in numerous historic batches, which would not be expected by Customer to be in such API, either by type or degree of impurity, and which is not known to Customer or not readily discoverable by Customer at the time of delivery of such API, using commercially reasonable inspection procedures.
Found in
GENTA INC DE contract
Latent Defect. Means a Product defect that is not detected and could not have been detected using Cubist's or its agents' standard product inspection procedures within the [ ]* period described in Section 3.11(a) below. For the purpose of this definition, a Product defect shall mean a non conformance of Product with the representations and warranties contained in Section 6.2 of this Agreement.
Found in
CUBIST PHARMACEUTICALS INC contract
Latent Defect. A hidden flaw, weakness or imperfection in a Batch of Product which Edge cannot discover by reasonable inspection
Found in
Edge Therapeutics, Inc. contract
Latent Defect. A non-conformance in a Batch caused by Provider that: (i) is not discoverable upon commercially reasonable physical inspection and testing, (ii) causes the Batch to fail to conform to the applicable Work Order or cGMP (if applicable), and (iii) is discovered within one (1) month of Synthorx's acceptance of the Batch as a conforming Batch pursuant to Section 6.1(d) or (e). Any non-conformance in a Batch discovered more than one (1) month after Synthorx's acceptance of such Batch is not a Latent...
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Found in
Synthorx, Inc. contract
Latent Defect. A failure of Product to meet the Product Requirements, upon delivery, that is not readily determinable upon a reasonable inspection of the Product (based on physical inspection, identity test on satellite sample(s), release testing of Product to the extent conducted by Purchaser at its sole discretion, and review of the Certificate of Analysis) which occurs at the time Product is delivered to the shipping destination point specified in the applicable Purchase Order
Found in
Flexion Therapeutics Inc contract
Latent Defect. Means a defect that causes a Product to fail to conform to the Product Warranty, which is not discoverable upon the inspection which (a) Customer would have been expected to carry out in its ordinary course of business upon delivery of such Product or (b) Customer is required to conduct, as mutually agreed to by the parties in writing, but in each case that is discovered at a later time
Found in
scPharmaceuticals Inc. contract
Latent Defect. 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 [***].
Found in
ChemoCentryx, Inc. contract
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