If any item manufactured by Fresenius Kabi or its subcontractors shall prove defective in material and/or workmanship within the Warranty Period, Cerus shall notify Fresenius Kabi in writing of such defect or noncompliance as soon as reasonably practicable, but in any event within [ * ] of Cerus’ discovery of such defect or noncompliance, and Fresenius Kabi shall replace said item. The Warranty Period for such replaced item shall be as set forth in Section 3.1(b) of this Agreement. Fresenius Kabi shall have no responsibility if (a) such item has been improperly stored by Cerus or used outside of label instruction by Cerus, its agents or customers or (b) the defect or noncompliance is due to an act or omission by Cerus or its third-party suppliers as relating to (i) with respect to the Sets, the Platelet Wafers, Plasma Disks, S-59 or INTERCEPT Illuminator devices, (ii) with respect to the RBC Sets, the RBC Filtering Sets, RBC Processing Set [ * ], S-303 or GSH; or (iii) any other Cerus- Supplied Materials. The foregoing shall be Fresenius Kabi’s sole and exclusive liability and Cerus’ sole and exclusive remedy for any breach of contract action arising out of any such defect, except with respect to each Party’s indemnification obligations as set forth in Article 11, provided that Fresenius Kabi shall remain responsible to carry out its obligations under the Quality Agreement.