Board Escalation Clause Samples

Board Escalation. If the Spansion chief financial officer reasonably determines that AMD has failed to offer an acceptable remedy for the Service failure, then the Spansion chief financial officer shall notify the Board of Directors (a) indicating the nature and the basis of the issue, and (b) listing the measures that Spansion proposes to take against AMD in order to remedy the Service failure. The Board of Directors shall consider the measures proposed by the Spansion chief financial officer against AMD and shall provide its recommendation or approval for any measures Spansion shall take to remedy the Service failure.

Board Escalation. If the Spansion chief financial officer reasonably determines that Fujitsu has failed to offer an acceptable remedy for the Service failure, then the Spansion chief financial officer shall notify the Board of Directors (a) indicating the nature and the basis of the issue, and (b) listing the measures that Spansion proposes to take against Fujitsu in order to remedy the Service failure. The Board of Directors shall consider the measures proposed by the Spansion chief financial officer against Fujitsu and shall provide its recommendation or approval for any measures Spansion shall take to remedy the Service failure.

Board Escalation. If the Spansion chief financial officer (or other designated Spansion officer) reasonably determines that Fujitsu has failed to offer an acceptable remedy for the material breach, then the Spansion officer shall notify the Board of Directors (a) indicating the nature and the basis of the issue, and (b) listing the measures that Spansion proposes to take against Fujitsu in order to remedy the material breach. The Board of Directors shall consider the measures proposed by the Spansion officer against Fujitsu and shall provide its recommendation or approval for any measures Spansion shall take to remedy the material breach.