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This excerpt taken from the CBST 10-Q filed Nov 10, 2008. ARTICLE IX- RETURNED/RECALLED PRODUCT9.1 Returned Product. AstraZeneca shall have the sole responsibility and right to accept returned Product. Except as directed by AstraZeneca pursuant to Section 9.2, Cubist shall not solicit the
*Confidential Treatment Requested. Omitted portions filed separately with the Commission.
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return of Product. If Cubist receives an inquiry from a Third Party regarding Product returns, Cubist shall instruct such Third Party to return the Product in accordance with AstraZenecas return policy for the Product, as such policy is provided to Cubist from time to time. If, for any reason, Cubist should receive any returned Product, Cubist shall promptly notify AstraZeneca in writing. Any Product returned to Cubist shall be shipped by Cubist to AstraZenecas designated facility, with shipping costs to be reimbursed to Cubist by AstraZeneca pursuant to Section 6.2. Cubist may advise the customer who made the return that the Product has been returned to AstraZeneca. Cubist shall fully complete and deliver to AstraZeneca the AstraZeneca Return Authorization Form provided by AstraZeneca to Cubist with respect to any returned Product received by Cubist and shipped to AstraZeneca pursuant to this Section 9.1.
9.2 Recalled Product. At AstraZenecas reasonable request, Cubist shall assist AstraZeneca in obtaining and receiving the Product in the event the Product is recalled or withdrawn from the market, and AstraZeneca shall reimburse Cubist for all documented costs and expenses incurred by Cubist in taking such actions.
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