Common use of Epidemic Failure Remedy Clause in Contracts

Epidemic Failure Remedy. If an Epidemic Failure occurs, all costs, including but not limited to, replacement Products, parts, upgrades, materials, labor, transportation and inventory replacement arising from an Epidemic Failure shall be borne by Supplier, regardless of whether Gainwell initiates a field stocking recall or customer-based recall or retrofit, including Products in distributor inventory and Gainwell’s installed base. Supplier, at its expense, will ensure that such Products, parts or upgrades have the highest shipping priority. Gainwell reserves the right to procure, upon terms it deems appropriate, similar products to substitute the affected Products, and Supplier shall promptly reimburse Gainwell for all costs, charges, prices and fees paid in purchasing the substitute products.

Epidemic Failure Remedy. If an Epidemic Failure occurs, all costs, including but not limited to, replacement Products, parts, upgrades, materials, labor, transportation and inventory replacement arising from an Epidemic Failure shall be borne by Supplier, regardless of whether Gainwell AMOGY initiates a field stocking recall or customer-customer based recall or retrofit, including Products in distributor inventory and GainwellAMOGY’s installed base. Supplier, at its expense, will ensure that such Products, parts or upgrades have the highest shipping priority. Gainwell AMOGY reserves the right to procure, upon terms it deems appropriate, similar products to substitute the affected Products, and Supplier shall promptly reimburse Gainwell AMOGY for all costs, charges, prices and fees paid in purchasing the substitute products.