Common use of Product Failure Clause in Contracts

Product Failure. Subject to this Section 5, in the event of an Product Failure to any licensed Ethernet or a failure to meet any performance parameters set forth in Section 5.2 B, C or D below, Licensee may be entitled to a Product Credit in accordance with the applicable Quality Level Objective set forth in section 5.2 below. A Product Failure shall be deemed to begin upon the earlier of Company’s actual knowledge of the Product Failure or Company’s receipt of notice from Licensee of the Product Failure, and end when the Ethernet is operational and in material conformance with the applicable Specifications, as documented by Company’s records. Notwithstanding anything to the contrary in this Supplement, the Agreement or any Order Form, in no event shall a Product Failure, defect or failure to meet any objectives or parameters under this Supplement be deemed to be or constitute a breach by Company of this Supplement, the Agreement or any Order Form.