Unexpected Failure definition

Unexpected Failure means identical, reproducible Product failures that are due to the same or substantially similar cause, which occur in the same series of Product and impair the use of the Product and which occur within [...***...] after the date of delivery of the Product, and are equal to or in excess of [...***...] of the total number of Product from any production lot or [...***...] of the total number of Products delivered to Dot Hill during any [...***...] period (the "Unexpected Failure Rate"), resulting from defects in materials, workmanship, manufacturing process or design. [...***...] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
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Examples of Unexpected Failure in a sentence

  • In the event of any such Unexpected Failure, Supplier will perform its responsibilities to resolve such Unexpected Failures in accordance with the base terms of the Manufacturing Agreement as modified by Section 16 of the base terms of the Second Award Letter.

  • The Corrective Action Program shall identify all costs related to the Unexpected Failure including, without limitation: material costs, labor costs (and associated housing and travel costs), freight costs, equipment costs and screen costs.

  • With respect to this Second Award Letter and the Products that are to be provided by Supplier to Dot Hill hereunder, the Unexpected Failure provisions in Section 6.3.1 of the base terms of the Manufacturing Agreement shall be modified so that the failure rate of [***].

  • Notwithstanding anything in this Agreement, the following provisions shall apply to Unexpected Failure.

  • The failure rate which triggers an Unexpected Failure event is set forth in Section 12 of the Agreement.

  • Sun and Supplier agree that in the event Product fails to meet the DPM rates set forth in Section 5.8 above and/or exceeds the Unexpected Failure Rate, then Supplier shall implement immediate CAs, at Supplier's expense unless due primarily to Sun's acts or omissions, to screen out the defects causing the yields to exceed the requirements until long term CAs are implemented and proven effective.

  • After such warranty period, Dot Hill may request RCA of any discovered defects, and Supplier shall perform the requested RCA on the following basis: (1) provided the Product satisfies the quality goal defined in the DPPM table above, Supplier may [***]; and (2) if the Product fails to satisfy the quality goal defined in the DPPM table above, or if the Product has an Unexpected Failure, Supplier shall [***].

  • The Corrective Action Program shall identify all costs related to the Unexpected Failure including, without limitation, material costs, labor costs (and associated housing and travel costs), freight costs, equipment costs and screening costs.