Epidemic Failure. In the event that CONTRACTUAL PRODUCTS under warranty have the same or similar functional defect during a time period of three (3) months and the number of defected CONTRACTUAL PRODUCTS exceed [***] of the quantity delivered within this time period, this [***] = CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. shall be an “Epidemic Failure” as mentioned in the following. The term “Epidemic Failure” shall exclusively apply to delivered CONTRACTUAL PRODUCTS with a number of pieces of more than ten thousand (>10.000) during three (3) months. If either CONTRACTUAL PARTY learns of the existence or likely existence of an Epidemic Failure, then such CONTRACTUAL PARTY will inform the other CONTRACTUAL PARTY as soon as possible. The CONTRACTUAL PARTIES shall then work together to jointly devise a containment action plan. As soon thereafter as reasonably possible, the CONTRACTUAL PARTIES will develop a corrective action plan to remedy the Epidemic Failure. Phoenix Contact shall use its best efforts to implement such remedy as quickly as possible at Phoenix Contact’s own expense, which efforts shall include receiving all shipments of affected Product back (freight collect), repairing or replacing all such affected Products in accordance with the agreed remedy devised by the Parties, shipping the repaired or replaced Products back to ENPHASE at Phoenix Contact’s expense, and implementing the agreed remedy in all newly manufactured Products. Phoenix Contact shall be responsible for the reasonable following costs and expenses actually incurred and substantiated as a result of all aspects of implementing the agreed remedy on the affected Products: reasonable costs of the retrieval, packing, shipping and transportation of such Products, and the re-deployment of repaired or replacement Products (including all labor, consulting, contractor and the like charges, incurred by ENPHASE, only if Phoenix Contact has agreed in writing that ENPHASE is allowed to do the aforementioned activities). For the avoidance of doubt all damages defined in Article 11.4 shall be direct damages and shall be subject to Article 14.2.
Epidemic Failure. In the event that 5% or more of the shipments received by Tellabs during any 30 day period are defective, an Epidemic Failure situation will be deemed to exist. In such case, at Tellabs' option, Riverstone will be obligated to replace 100% of that shipment and will bear all costs associated with the field replacement of such units.
Epidemic Failure. The term “Epidemic Failure” means Product deficiencies resulting from defects in material, workmanship and/or manufacturing process that are in excess of one percent (1%) of the total number of Products shipped during any rolling six (6) month period.
Epidemic Failure. In the case where any specific Product, shipped to IBM from MSL within any [*] experiences a defect rate of [*] or greater, resulting from a common cause due to MSL's non-conformance to specifications, drawings, other descriptions furnished or adopted by IBM, or due to workmanship, MSL will accept the cost of a Product Recall.
Epidemic Failure. If an Epidemic Failure should arise, the following regulations shall apply:
Epidemic Failure. Notwithstanding the above, should failures of the Product be the result of an Epidemic Failure, ,the parties shall mutually agree whether Flextronics shall either repair or replace Products subject to such Epidemic Failure. In addition, Flextronics shall credit Nutanix for reasonable direct costs that are incurred by Nutanix as a result of an Epidemic Failure. Such remedies for Epidemic Failure shall be in addition to any other remedies Nutanix may have under this MOU. An “Epidemic Failure” is defined as failure of more than [***] of the Products that occur [***] and where there is a single root cause of the failure which is a result of a breach of Flextronics’s warranty under Section 1.1 of this Exhibit A.
Epidemic Failure. In addition to the foregoing warranty, Supplier warrants the Product against epidemic failure. An epidemic failure shall mean a Product field failure exhibiting the same root cause symptom and resulting in a two (2) percent or greater failure of Netpliance Customer delivered Product during a ninety-(90) day period. In the event of epidemic failure, Supplier shall establish within two (2) days notice by Netpliance of such failure a mutually agreed upon emergency procedure to resolve and replace all defective Products. Any and all costs associated with the emergency procedure are to be borne by Supplier. Supplier also agrees to inform Netpliance in writing of any other epidemic failure occurring in products sold to Supplier's other OEM customers and Supplier shall take whatever steps are reasonably necessary to prevent or correct Netpliance Products from such failure.
Epidemic Failure. In the event that [*] percent ([*]%) or more of any lot, batch or other separately distinguishable manufacturing run of Products which was verified by Manufacturer delivered to Customer is found to be defective with the same root cause defects within [*] ([*]) months following Manufacturer’s delivery of such Products to Customer, Manufacturer will promptly: (a) dedicate sufficient resources to thoroughly investigate the cause of the defect; (b) perform root cause analysis; and (c) implement corrective action. In addition, after Manufacturer’s verification, Manufacturer will render repair and replacement services, as reasonably requested by Customer, during the applicable Product warranty period. In addition to repair or replacement of Products, Manufacturer will credit Customer an amount equal to [*] percent ([*]%) of the price paid by Customer as compensation for removal and reinstallation associated with the repair or replacement of such Products.
Epidemic Failure. In the event of an epidemic failure of a Product, the parties shall immediately work together to identify the nature of the failure and to determine whether the failure results from certain components of the Product or manufacture of the Product. For purposes of this Section, "epidemic failure" shall mean a group of failures occurring within a thirty (30) day period of a same or similar nature where the failure rate for such thirty (30) day period is ten percent (10%) or more above the failure rate for the particular Product over the term of this Agreement prior to such event. Maxtor and IMS shall agree on an equitable allocation of the cost of resolving the problem vis-a-vis Maxtor's customers and in regard to the relevant component(s) vendors which shall depend on whether the primary source of the problem is Maxtor's procurement of Materials for the Products or IMS' procurement of components for or manufacture of the Product. Maxtor and IMS shall cooperate in good faith to identify the most cost-effective solution to the problem.
Epidemic Failure. As a result of the limited purchase volumes forecasted during the Initial Term of the Agreement, NetScout shall not establish a definitive position regarding percentages, penalties and/or specific action plans to address "Epidemic" failures which may occur during the term of this Agreement. NetScout agrees, however, in the event that Paradyne or its Customers identify an unreasonably excessive amount of defective, failed or dead on arrival ("DOA") products during any quarterly period, to establish an action plan to effect an immediate remedy to the problem. NetScout further agrees to provide on-site technical support and all necessary parts to repair or replace product known to be affected by such Epidemic, and to use commercially reasonable efforts to ensure that the appropriate quality controls and other measures are taken so that all product of similar type supplied subsequent to the date of such an Epidemic shall be free from the problems which caused the Epidemic.
