Repair Facility Location Clause Samples

Repair Facility Location. Flextronics shall repair each Product at the Site and/or on the repair line initially agreed to by Flextronics and Nortel Networks, and Flextronics shall not change such Site or repair line unless Nortel Networks consents in writing. Flextronics shall follow Nortel Networks’ qualification process as set out in Exhibit 3 of MCMSA. Where Flextronics proposes additional sites for Repair Services to be performed, Flextronics shall provide a complete qualification report. Nortel Networks shall provide its approval of the change within sixty (60) days of receiving a complete and satisfactory qualification report. If Nortel Networks fails to provide such approval within such time period, Flextronics will be relieved of its obligation to provide Incremental Cost Reduction (as defined in Section 10.4.1 below) related to such move for the period of default. Flextronics agrees to support Nortel Networks’ customer needs by transferring the Repair Services to alternate Flextronics sites or providing an equivalent alternative solution to support such Nortel Networks customer in each region as requested, provided that Nortel Networks and Flextronics will discuss and agree upon the appropriate delivery terms. At Nortel Networks’ request, Flextronics will evaluate setting up operations in another country or equivalent alternative solution, and each Party shall bear its respective reasonable costs of such evaluation. If Flextronics is unable or unwilling to meet such in-country or regional needs in a timely fashion, and provided Flextronics has been provided prior written notice of such in-country needs and a minimum of thirty (30) days to provide a plan in reasonable detail to meet such needs, including, without limitation, cost, quality and service, in a reasonable time frame as specified by Nortel Networks, Nortel Networks shall have the right to place such business with an alternative supplier in such new location. Any such sourcing changes shall not change NNL obligations with respect to the Minimum Commitment unless otherwise specified in Section 3.3.