definiens: is defined for purposes of this Agreement to be a systematic effort to locate, recall, withdraw from market, issue a safet y alert, or take similar action for Commercial Prod ucts in the possession of users, distributors, or sales represe ntatives, and to repair or replace those Commercial Products or take related action . A Recall necessitated by the f ailure of the Commercial Products to operate in acc ordance with the Product Specifications ( as defined by the Parties in accordance with Attachment A ) caused by a negligent act or omission ( whether intentional or u nintentional ) of WOM or its supplier or due to a de fect in the Commercial Product caused by a negligent act or omi ssion ( whether intentional or unintentional ) of WOM or its supplier is referred to as a and each other Recall is referred to as a ( b ) Each Party shall immediately notify the other Party if it becomes aware of any information that may necessitate a Recall . Either P arty may determine that a Recall is necessary pursu ant to this Section 3.11 after giving the other Party reasonabl e prior written notice of its intention to initiate a Recall . Prior to sending a Recall notification letter to Commerci al Product users, the Parties will discuss the cont ents of the letter . The Parties will cooperate with the Recall activities as reasonably required for the Recall to be successfully implemented . [COMPANY] shall bear all costs and expense of any [COMPANY] Recall . WOM sh all bear all costs and expense to the extent the Recall constitutes a WOM Recall . To the extent a SurgiQue st Recall and a WOM Recall are combined in a single Recall, t he Parties shall each bear their own costs in such a combined Recall