Common use of Epidemic Clause in Contracts

Epidemic. Epidemic" shall mean a situation where for a given Service, -------- within a ninety (90) day period, the same, or substantially the same, Material Defect has been discovered to exist in either: (i) twenty percent (20%) of the Services Installed Base; (ii) twenty percent (20%) of the Services Installed Base shipped by Genuity under this Service Schedule within the same ninety (90) day period; or (iii) twenty percent (20%) of all Services shipped to or installed at one or more of all Genuity customers within the same ninety (90) day period. Material Defect shall mean a malfunction, error or other defect in the Services that: (i) can be reproduced by ▇▇▇▇ Atlantic and/or GENUITY, (ii) constitutes a substantial nonconformity with the Specifications for the Services, including nonconformity with GENUITY's Year 2000 Compliance Warranty and (iii) constitutes a major impediment to the performance of the Services as specified in the Services Description. In the event an Epidemic condition is found Genuity shall:

Appears in 2 contracts

Sources: Purchase, Resale and Marketing Agreement (Genuity Inc), Purchase, Resale and Marketing Agreement (Genuity Inc)