Common use of Corrective Plans Clause in Contracts

Corrective Plans. In the event that at any time during the Term of this Agreement, Buyer notifies Seller that a particular defect in a Product is occurring with a frequency reasonably unacceptable to Buyer, Seller will in good faith develop a corrective plan within 90 days of notice from Buyer, unless otherwise mutually agreed, that is designed to ensure that such defect will be corrected. When the corrective plan has been developed, Seller will promptly furnish Buyer with a copy thereof. Buyer will review the plan and will notify Seller either that the corrective plan is acceptable to Buyer, or that the corrective plan is unacceptable to Buyer, in which event such notice will identify with reasonable specificity those aspects of the corrective plan that are unacceptable and describe the modifications that would render the plan acceptable. In the event that Seller is, at any time, notified by Buyer that any corrective plan is unacceptable, Seller will proceed, promptly and diligently, to use reasonable commercial efforts to modify the corrective plan so that the plan is acceptable. When such modifications have been made, Seller will promptly furnish Buyer with a copy of the modified corrective plan. During the period following the initial notice of a defect by Buyer, Seller will take all reasonable actions necessary to enable Seller to implement the plan at the earliest possible time, such as design testing and process preparations. Upon Buyer’s approval of the corrective plan, Seller will ship Products to Buyer which implement the corrective plan as quickly as is practicable for equipment previously deployed as well as future installations. Nothing in this Section 9.3 shall abridge or modify any of Seller’s warranty, support, maintenance or other obligations set forth herein.