a Party from seeking remedies available in another forum if the If the Customer deems that a recall of the Products is required, the recall strategy will be developed by the Customer and followed by Supplier with strict regard to timing requirement. All costs of such recall shall be borne by the Supplier in the event that the need to recall is necessitated (in whole or in part) by a failure on the part of the Supplier to comply with all its obligations under this Agreement (including without limitation, where the Products fail to meet the Specifications.).dispute relates to breach of confidentiality or an infringement of Intellectual Property Rights.