Epidemic Failures definition

Epidemic Failures is modified as follows: Line 8: The clause "in the lot containing the actual or potential defect(s) and/or defective component(s) which lead to breach of this warranty" is inserted after "Parts". A new Paragraph 12.8 is added as follows:

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Epidemic Failures means Product failures within thirteen (13) months after the date of delivery of the Product, equal to or in excess of 1% of any particular lot, 1% of all shipments within a particular timeframe, or any defect that may result in a safety related concern, resulting from substantially similar defects including without limitation components with inherent or latent defects. Notwithstanding the foresaid, the Epidemic Failure shall not include any Product failure that is directly caused by Product designs and specification solely provided by MFR or materials provided or assigned by MFR, manufacturing process or quality control procedure instructed by MFR, or sub-supplier designated by MFR. [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.

Epidemic Failures means that percentage of units of CSW Multimedia Products accepted by Creative in a Purchase Order therefor which fails to operate in accordance with performance specifications applicable to such CSW Multimedia Products.

Examples of Epidemic Failures in a sentence

To the extent the Epidemic Failures are caused by an unwarranted component supplied by a third party, liability for the Epidemic Failure shall reside with SSI.
If Buyer reasonably determines that any Quality Plan is not adequate to assure that the Products will meet the quality levels specified under Section 17 hereof ("Warranty: Epidemic Failures") or Buyer's desired level of quality (which such desired level of quality shall be commercially reasonable), the parties agree to discuss and resolve those elements of the Quality Plan which Buyer has determined are not adequate.
If Buyer reasonably determines that any Quality Plan is not adequate to assure that the Products will meet the quality levels specified under Section 20 hereof ("Warranty: Epidemic Failures") or Buyer's desired level of quality (which such desired level of quality shall be commercially reasonable), the parties agree to discuss and resolve those elements of the Quality Plan which Buyer has determined are not adequate.
Except for liability under Section 9.0 (Supplier Liability for Third Party Claims), Section 14.6 (Exchange of Information), and liability for Epidemic Failures for which Buyer shall be entitled to recover only those damages specifically described in Section 6.4, neither party shall be liable to the other for any lost revenues, lost profits, incidental, indirect, consequential, special or punitive damages, even if advised of the possibility of such damages.
The foregoing criteria constituting Significant Failures and Epidemic Failures are referred to as “Threshold Failure Rates.” The Parties will discuss the then-current actual Product performance versus the Threshold Failure Rates in each [***] business review.

More Definitions of Epidemic Failures

Epidemic Failures as used in this Agreement shall mean that percentage of the units of Product accepted by Gateway in an Order therefor which fails to operate in accordance with performance specifications applicable to such Product solely as a result of the failure of such Product to conform with the warranty applicable to such Product as set forth in Section 9 of this Agreement.

Epidemic Failures means Product failures or Defects which exceed the Defective Parts Per Million (DPPM) threshold established in Attachment B.

Epidemic Failures means collectively, an AIR System Epidemic Failure and AIR Failure Mode Epidemic Failure. “FCS” (First Customer Shipment) shall mean the ***.

Epidemic Failures means a malfunctioning of five or more units collectively presumed to have a common underlying cause based on a reasonable evaluation.

Epidemic Failures means identical, reproducible Product failures (including any ECI part failures) due to the same or substantially similar cause, which occur in the same series of Products and impair the use of the Products, and are a result of a defect in materials or workmanship of ECI or its affiliates occurring within twenty-four (24) months after the date of delivery of the Products, and are equal to or in excess of ten percent (10%) of the total number of a Product or any ECI part from any production lot or ten percent (10%) ‘of the total number of Products or any ECI parts included in Products which are delivered to Veraz during any ninety (90)-day period (the “Epidemic Failure Rate”).

Epidemic Failures means the occurrence of the same failure type in any 1% (or more) of Goods in the same family of Goods within a consecutive 90 day time frame (“Epidemic Failure”). The following procedures and remedies for Epidemic Failures are in addition to all other of Bridgelux’s rights and remedies under the Agreement and shall apply for a period of five (5) years after the date of first shipment of the Goods (or family of Goods) at issue. Upon the occurrence of an Epidemic Failure as described herein, Supplier will provide Bridgelux with a root cause analysis no later than two (2) business days following Bridgelux’s notice of an Epidemic Failure. Supplier will also provide Bridgelux with a corrective action plan as soon as commercially and reasonably possible, but no later than ten (10) calendar days following Bridgelux’s notice of an Epidemic Failure. If after review of the root cause analysis and corrective active plan, Bridgelux determines that the Epidemic Failure necessitates a recall of the Goods and that the Goods suffering the Epidemic Failure are Non-Conforming Goods, Bridgelux may then elect, at its sole discretion, to have the Goods returned to Supplier for replacement free of charge to Bridgelux (or its designated shipping destination[s]) and Supplier shall be liable for all costs and expenses associated with any such recall and Epidemic Failure, including without limitation, any retrofit, installation, and de-installation as well as all repair, replacement, and shipping fees and charges.

Epidemic Failures means a cyclical repeatedly failure.