Common use of EPIDEMIC CONDITION Clause in Contracts

EPIDEMIC CONDITION. If during the term of this Agreement and for one year after the last shipment date of Equipment, Software, or Materials (collectively referred to as "Product") under this Agreement AT&T notifies VISUAL that Product shows evidence of an "Epidemic Condition," VISUAL shall prepare and propose a Corrective Action Plan ("CAP") with respect to such material within five (5) working days of such notification, addressing implementation and procedure milestones for remedying such Epidemic Condition(s). An extension of this time-frame is permissible upon mutual written agreement of the parties. *** An Epidemic Condition will be considered to exist when one or more of the following conditions occur: *** Only major functional and visual/mechanical/appearance defects are considered for determining Epidemic Condition. Product may be either sampled or, at AT&T's option, 100% audited at AT&T premises or AT&T's customers' locations.*** ---------------------------------- *** Confidential Information has been omitted and filed separately with the Securities and Exchange Commission.

Appears in 2 contracts

Sources: General Agreement for the Procurement of Equipment, Services and Supplies, and the Licensing of Software (Visual Networks Inc), General Agreement for the Procurement of Equipment, Services and Supplies, and the Licensing of Software (Visual Networks Inc)