definiens: shall mean a non - specified quality attribute of a single batch defect in the Product which is not discovered by [COMPANY] during its release testing of the Product as such testing is described in the Specifications . If testing of such Shipment using validated assays shows a Non - Conforming Product, [COMPANY] may retmn the entire Shipment, or any portion thereof, to [COMPANY] at [COMPANY] 's expense within a reasonable time following the above described testing, provided that notice of Non - Conformity is received by [COMPANY] from [COMPANY] within sixty ( 60 ) days of [COMPANY] 's receipt of said Shipment, except for hidden defects . [COMPANY] shall have the right to request that [COMPANY] provide to [COMPANY], within sixty ( 60 ) days after such notice is received by it, Product that is free from such Non - Conformity or to promptly provide [COMPANY] with full credit for the Purchase Price paid by [COMPANY] for the returned Product . In case of a hidden defect, [COMPANY] shall notify [COMPANY] within sixty ( 60 ) days after discovery of such hidden defect, and [COMPANY] shall have the right to request that [COMPANY] provide to N ycomed, within sixty ( 60 ) days after a notice concerning a hidden defect is received by it, Product that are free from any Non - Confonnity, or to promptly provide [COMPANY] with full credit for the Purchase Price paid by [COMPANY] for the returned Product . In either case the cost of freight and handling to return or replace the returned Product shall be at the expense of [COMPANY] . If [COMPANY] does not notify [COMPANY] of the Non - ConfOlmity of the Product within sixty ( 60 ) days of receipt of said Sllipment, the Product shall be deemed to be free from any Non - Confolmity, except for hidden defects . Notwithstanding anything in this 36 FOIA CONFIDENTIAL TREATMENT REQUESTED ( " ) o c II -o m, 7 --l » r - Agreement to the contrary, the Parties may agree to a return of the Product or an adjustment in the Purchase Price in the event of any failure or defect in the Product . Should there be a discrepancy between Nycomedts test results and the results of testing performed by [COMPANY], the Parties agree to first review the assay procedures and data in good faith, but such discrepancies shall be finally resolved by testing performed by an independent Third Party mutually agreed upon by N ycomed and [COMPANY] . The costs of such testing shall be borne by the Party against whom the discrepancy is resolved . In the event Product has been previously returned to [COMPANY] and an independent Third Party determines that the Product is free from any Non - Conformity, [COMPANY] shall be responsible for all costs associated with the return