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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 this
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