Epidemic Failure Warranty. Supplier warrants all Products against Epidemic Failure for a period of three years after DXC’s Acceptance. Epidemic Failure means the occurrence of the same failure, defect, or non-conformity with an Order in 2% or more of Products within any three-month period.
Epidemic Failure Warranty. Notwithstanding anything else to the contrary herein, if the Product demonstrates an Epidemic Failure at any time during the Term, ANXXXXXX xill, without prejudice to any other remedies Eton may have, reimburse ETON for direct and incidental and consequential costs associated with the Epidemic Failure, including labor costs associated with implementation of a recovery plan to the extent and in the amount provided ANXXXXXX xrom its compensation from ANXXXXXX’X XMO Agreement. ETON will notify ANXXXXXX xhenever an Epidemic Failure is identified or suspected and work with ANXXXXXX xo develop a recovery plan, which may include a preventative action plan if appropriate under the circumstances. The recovery plan actually implemented by ETON is in ETON’s sole discretion; provided, however that (i) ETON and ANXXXXXX xill work together to minimize costs associated with ETON’s recovery plan as much as possible without compromising ETON’s ability to aggressively respond to its customers’ needs and Applicable Law; and (ii) ANXXXXXX xill reimburse ETON for costs incurred by ETON in implementing that portion of the recovery plan associated with the Epidemic Failure.
Epidemic Failure Warranty. Seller warrants all Goods against Epidemic Failure for a period of three years after Xxxxxxx’s Acceptance. Epidemic Failure means the occurrence of the same failure, defect, or non-conformity with an Order in 2% or more of Goods within any three-month period.
Epidemic Failure Warranty. Supplier warrants all Products against Epidemic Failure for a period of three (3) years after Micro Focus’ acceptance. Epidemic Failure means the occurrence of the same failure, defect, or nonconformity with an Order in two percent (2%) or more of Products within any three (3) month period.
Epidemic Failure Warranty. In addition to the warranties specified herein, SA warrants the Program against epidemic failures through the fault of SA for a period of three years after HP's acceptance of the Complete Copy of the Program. An epidemic failure means the occurrence of a failure resulting in 70% of the Program user base expressing intent to return the Program for refund. In the case of an epidemic failure through SA's sole liability for a breach of the aforesaid epidemic warrants SA shall reimburse HP for all reasonable out-of-pocket costs incurred by HP in recalling, replacing, or repairing the affected Programs in an amount not exceeding the amounts paid by HP to SA under this Agreement. Epidemic failure related reimbursements shall be made within forty-five (45) days after receiving an itemized invoice therefore from HP with supporting documentation in reasonable detail.
Epidemic Failure Warranty. In addition to the warranties specified above, ------------------------- Foundry warrants all OEM Products against epidemic failure for a period of three years after receipt of that OEM Product or the associated HP Product by HP's customers. An epidemic failure means the occurrence of the same failure in any [ * ] of OEM Products, within a three (3) month date code population of such OEM Products.
Epidemic Failure Warranty. Notwithstanding anything else to the contrary herein, if a Product demonstrates an Epidemic Failure at any time during the Term, A-S will, in addition to the remedies provided under Section 6.2, reimburse Akorn for direct and incidental and consequential costs, as defined in Section 2715 of the California Commercial Code, associated with the Epidemic Failure, including without limitation labor costs associated with implementation of a recovery plan under this Section. Akorn will notify A-S whenever an Epidemic Failure is identified or suspected and work with A-S to develop a recovery plan, which may include a preventative action plan if appropriate under the circumstances. The recovery plan actually implemented by Akorn is in Akorn’s sole discretion; provided, however that (i) Akorn and A-S will work together to minimize costs associated with Akorn’s recovery plan as much as possible without compromising Akorn’s ability to aggressively respond to its customer’s needs; and (ii) A-S will reimburse Akorn for costs incurred by Akorn in implementing that portion of the recovery plan associated with the Epidemic Failure.
Epidemic Failure Warranty. In addition to the warranties specified above, Supplier warrants all OEM Products against epidemic failure for a period of three years after receipt of that OEM Product or the associated Philips Product by Philips customers. An epidemic failure means the occurrence of same failure in any [****] or [****]% of OEM Products, within a one-year time frame.
Epidemic Failure Warranty. Seller warrants that that from the date of delivery of the products to Buyer and for a period of [*] years thereafter, products provided to Buyer by Seller (excluding the EZchip Deliverables) will not experience Epidemic Failure. “Epidemic Failure” means a single root cause defect or malfunction of a product that materially impairs performance of such product, where the defect or malfunction is reasonably verified by Seller, as being attributable to defects warranted under Section 13A, and such defect is exhibited within the Warranty Period by at least [*] percent ([*]%) of the products delivered within [*] consecutive lots. In the event of an Epidemic Failure, all products of the same lots will be presumed defective under Section 13A and subject to the remedy in Section 13B. In addition, Seller will provide a corrective action plan reasonably acceptable to Buyer as soon as possible after being notified of the Epidemic Failure, and further implement the corrective action plan accepted by Buyer as soon as possible at no additional charge to Buyer. Buyer may cancel or postpone all purchase orders pending implementation of the corrective action plan, without any penalty.
Epidemic Failure Warranty. Notwithstanding anything else to the contrary herein, if a Product demonstrates an Epidemic Failure at any time during the Term, Strides will, in addition to the remedies provided under Section, reimburse A-S for direct and incidental and consequential costs, as defined in Section 2715 of the California Commercial Code, associated with the Epidemic Failure, including without limitation labor costs associated with implementation of a recovery plan under this Section. A-S will notify Strides whenever an Epidemic Failure is identified or suspected and work with Strides to develop a recovery plan, which may include a preventative action plan if appropriate under the circumstances. The recovery plan actually implemented by A-S is in A-S’ sole discretion; provided, however that (i) A-S and Strides will work together to minimize costs associated with A-S’ recovery plan as much as possible without compromising A-S’ ability to aggressively respond to its customer’s needs; and (ii) Strides will reimburse A-S for costs incurred by A-S in implementing that portion of the recovery plan associated with the Epidemic Failure.
