- 64 - such labeling shall be, in content, in compliance with all applicable governmental regulations. In determining the labeling for Avitene, MedChem [P.R.] shall have the right to use its corporate and/or trade name(s) and its own trademark(s), and to determine the general design and appearance of such labeling. 6.2 Packaging. Utilizing the labeling copy and/or artwork provided by MedChem [P.R.], Alcon [P.R.] shall be responsible initially for producing finished labeling and/or materials, and attaching or accompanying such labeling to or with Avitene. MedChem [P.R.] shall have the option of changing the labeling copy and/or artwork for Avitene packaging at any time, upon 90 days prior written notice to Alcon [P.R.]. MedChem [P.R.] shall further have the option of assuming responsibility at any time for producing the finished labeling and packaging materials and delivering such materials to Alcon [P.R.] for association with Avitene, provided that Alcon [P.R.] has received 90 days prior written notice of such a change. 7. Delivery; Storage. 7.1 Delivery. Alcon [P.R.] shall ship Avitene ordered by MedChem [P.R.] to such destination(s) as MedChem [P.R.] shall designate in its Order. All Deliveries of Avitene under this Agreement shall be F.O.B. common carrier designated by MedChem [P.R.]. Any potential liability for loss or damage that Alcon [P.R.] may maintain by reason of its physical possession throughout the Conversion Process of the raw materials and finished Avitene owned by MedChem [P.R.] shall cease upon Delivery of such Avitene to a common carrier. MedChem [P.R.] shall be responsible for (i) the payment of all transportation charges, taxes, and other charges incident to the storage and movement of Avitene in commerce subsequent to such transfer of the risk of loss to MedChem [P.R.], and (ii) the cost of all insurance relating to the Equipment, raw materials, inventory and the processing and storage of such Avitene, and such costs and charges shall not be included in the calculation of the Processing Costs. 7.2 Storage; Related Documentation. At MedChem[ P.R.]’s request and for so long as thisPage: Previous 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 Next
Last modified: May 25, 2011