Epidemic Failure; Product Recall Sample Clauses

Epidemic Failure; Product Recall. In addition to the warranty obligations above in Section 7, Supplier will be obligated to remedy any Epidemic Failure of Products. An Epidemic Failure will be defined as the occurrence of multiple failures of the same Products failing to perform as warranted due to the same root cause, to the extent that the failure rate of the Products exceeds [*] of the Products shipped within a four week period. In the event of an Epidemic Failure, as confirmed by failure analysis by Supplier, Supplier will pay for Seagate’s reasonable, direct, out-of-pocket costs associated with replacing Product which is the subject of the Epidemic Failure. In addition, Supplier will: (a) immediately cease selling all Products that may evidence the Epidemic Failure, (b) develop and incorporate a remedy for the Epidemic Failure in the affected Products, and (c) replace all failing Products per the terms of the warranty in Section 7.

Epidemic Failure; Product Recall. In addition to the warranty in Section 7 of the Agreement, Supplier will be obligated to remedy any Epidemic Failure of Products. An Epidemic Failure will be defined as the occurrence of multiple failures of the same Products for the same cause, to the extent that the failure rate of the Products exceeds Seagate’s allowable DPPM described in the Specifications If there is an Epidemic Failure, then Seagate may require Supplier to accept return of all affected Products and Seagate may elect to recall and return to Supplier any affected Products that have been incorporated into Seagate’s products and distributed to Seagate’s customers or end users. If Seagate recalls affected Products from Seagate’s customers or end users, [****] will BEAR THE COST OF recalling and returning the Products. Seagate to provide documentation detailing costs.

Epidemic Failure; Product Recall. If there are multiple Product failures due to the same or related causes, or if any Products do not meet Seagate’s allowable DPPM described in the Specifications, or Seagate’s Product Stewardship Requirements, then Seagate may require Komag to accept return of all Products. Seagate may also elect to recall and return to Komag all Products that have been incorporated into Seagate’s products and distributed to Seagate’s customers and end users. If Seagate recalls Komag’s Products from Seagate’s customers or end users, Komag will negotiate in good faith a settlement for the associated charges based on the actual and reasonable costs associated with recalling and returning the Products. Seagate to provide documentation detailing costs.