Common use of Anomalous Behavior Clause in Contracts

Anomalous Behavior. In the event that an OEM Product delivered to HP ------------------ complies with and performs to the Specifications, but fails to be usable in HP's intended application due to latent errors, unanticipated incompatibilities or other anomalous behavior, HP will provide Foundry written notice of such failure, specifying in such notice the reason that the OEM Product is unacceptable. The parties will attempt to determine the cause of the unacceptability (such as faulty design, material defects, incompatibility with HP applications, timing problems or internal oscillations, etc.), and formulate a mutually acceptable remedy of the cause of unacceptability. In the event that the cause of the unacceptability cannot be determined or the parties do not agree *Material has been omitted pursuant to a request for confidential treatment. Such material has been filed separately with the Securities and Exchange Commission. upon a mutually acceptable remedy of the cause of unacceptability, either party may invoke the escalated resolution procedure set forth in Article 24 of this ---------- Agreement. Failing resolution, either party may in its sole judgment terminate this Agreement with respect to the affected OEM Product or terminate the entire agreement if such product is deemed material by HP to the entire agreement, and such termination will be construed as though it is for the mutual convenience of Foundry and HP.