NONCOMPLYING PRODUCTS. 5.1. Credit, Repair, or Replacement. HP may elect in its sole discretion to ------------------------------ return a Noncomplying Product for credit, replacement or repair at Foundry's expense. In addition, HP may return for repair or replacement an entire lot of OEM Products if a tested sample, which consists of two (2) or more of the same OEM Product, of that lot contains Noncomplying Products. In the event of an overshipment, HP may elect to keep the additional units, subject to the payment procedures in Section 4.3. -----------
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Samples: Escrow Agreement (Foundry Networks Inc), Escrow Agreement (Foundry Networks Inc)
NONCOMPLYING PRODUCTS. 5.1. Credit, Repair, 5.1 Repair or Replacement. HP may elect in its sole discretion [*], subject to ------------------------------ the provisions of Article 18 below, return a Noncomplying Product for credit, replacement or repair at Foundry's expense. [*] In addition, HP may return for repair or replacement an entire lot of OEM Products if a tested sample, which consists of two (2) or more of the same OEM Product, than [*] of that lot contains consists of Noncomplying Products. In the event of an overshipment, HP may elect to keep the additional units, subject to the payment procedures in Section 4.3. -----------.
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Samples: Oem Purchase Agreement (Brocade Communications Systems Inc)
NONCOMPLYING PRODUCTS. 5.1. 5.1 Credit, Repair, Repair or Replacement. HP may elect in its sole discretion discretion, subject to ------------------------------ the provisions of Article 18 below, to return a Noncomplying Product for credit, Credit or at HP option to replacement or repair at Foundry's ION Networks, Inc. expense. In addition, HP may return for repair or replacement an entire lot of OEM Products if a tested sample, which consists of two (2) or more of the same OEM Product, sample of that lot contains 3% or greater Noncomplying Products. In the event of an overshipment, HP may elect to keep the additional units, subject to the payment procedures in Section 4.3. -----------.
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