Common use of Epidemic Failure Clause in Contracts

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.