definiens: shall mean a defect in the Bulk IFN or ACM notdiscovered by IPL during its testing of the Bulk IFN or ACM in accordance with generally accepted industry testing proceduresand which would not be a defect normally expected to be discovered in accordance with such testing . If testing of such Shipmentshows a failure of the Shipment to meet the Specifications and/or Applicable Laws, IPL may return the entire Shipment, or anyportion thereof, to ABI at ABI 's expense within a reasonable time following the above described testing, provided that notice ofnon - conformity is received by ABI from IPL within 45 days of IPL ’s receipt of said Shipment . IPL shall have the right to requestthat ABI provide to IPL, within 30 days after such notice is received by it, Bulk IFN or ACM that meets the Specifications andApplicable Laws or to promptly provide IPL with full credit for the Purchase Price paid by IPL for the returned Bulk IFN orACM . In the case of a hidden defect, IPL shall have the right to request that ABI provide to IPL, within thirty ( 30 ) days after anotice concerning a hidden defect is received by IPL, Bulk IFN or ACM that meets the Specifications and Applicable Laws or topromptly provide IPL with full credit for the Purchase Price paid by IPL for the returned Bulk IFN or ACM . In either case, thecost of freight and handling to return or replace Bulk IFN or ACM or shall be at the expense of ABI . If IPL does not notify ABIof the non - conformity of the Bulk IFN or ACM within 45 days of receipt of said Shipment, the Bulk IFN or ACM shall bedeemed to meet the CONFIDENTIAL 25 Specifications ( including those related to packaging of the Bulk IFN or ACM ) and Applicable Laws, except with respect tohidden defects . Notwithstanding anything in this Agreement to the contrary, the Parties may agree to a return of the Bulk IFN orACM or an adjustment in the Purchase Price in the event of any failure or defect in the Bulk IFN or ACM . Should there be adiscrepancy between IPL ’s test results and the results of testing performed by ABI, such discrepancies shall be finally resolved bytesting performed by an independent Third Party mutually agreed upon by IPL and ABI . The costs of such testing shall be borneby the Party against whom the discrepancy is resolved . In the event Bulk IFN or ACM has been previously returned to ABI andsuch independent Third Party determines that the Bulk IFN or ACM meets the Specifications, IPL shall be responsible for allcosts associated with the return