Epidemic Failure Remedy Sample Clauses

Epidemic Failure Remedy. If an Epidemic Failure occurs, all costs, including but not limited to, replacement Products, parts, upgrades, materials, labor, transportation and inventory replacement arising from an Epidemic Failure shall be borne by Supplier, regardless of whether DXC initiates a field stocking recall or customer-based recall or retrofit, including Products in distributor inventory and DXC’s installed base. Supplier, at its expense, will ensure that such Products, parts or upgrades have the highest shipping priority. DXC reserves the right to procure, upon terms it deems appropriate, similar products to substitute the affected Products, and Supplier shall promptly reimburse DXC for all costs, charges, prices and fees paid in purchasing the substitute products.
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Epidemic Failure Remedy. If an Epidemic Failure occurs, all costs, including but not limited to, replacement Goods, parts, upgrades, materials, labor, transportation, and inventory replacement arising from an Epidemic Failure shall be borne by Supplier, regardless of whether HP initiates a field stocking recall or customer-based recall or retrofit, including Goods in distribution inventory and HP’s installed base. Supplier, at its expense, will ensure that such Goods, parts, or updates have the highest shipping priority. HP reserves the right to procure, upon terms it deems appropriate, similar goods to substitute the affected Goods, and Supplier shall promptly reimburse HP for all costs, charges, prices, and fees paid in purchasing the substitute goods.
Epidemic Failure Remedy. If an Epidemic Failure occurs, all costs, including but not limited to, replacement Goods, parts, upgrades, materials, labor, transportation and inventory replacement arising from an Epidemic Failure shall be borne by Seller, regardless of whether Xxxxxxx initiates a field stocking recall or customer based recall or retrofit, including Goods in distributor inventory and Madison’s installed base. Seller, at its expense, will ensure that such Goods, parts or upgrades have the highest shipping priority. Xxxxxxx reserves the right to procure, upon terms it deems appropriate, similar goods to substitute the affected Goods, and Seller shall promptly reimburse Madison for all costs, charges, prices and fees paid in purchasing the substitute goods.
Epidemic Failure Remedy. If an Epidemic Failure occurs, all costs, including but not limited to, replacement Products, parts, upgrades, materials, labor, transportation and inventory replacement arising from an Epidemic Failure shall be borne by Supplier, regardless of whether Micro Focus initiates a field stocking recall or customer based recall or retrofit, including Products in distributor inventory and Micro Focus’ installed base. Supplier, at its expense, will ensure that such Products, parts or upgrades have the highest shipping priority.
Epidemic Failure Remedy. If an Epidemic Failure occurs, all costs, including but not limited to, replacement Products, parts, upgrades, materials, labor, transportation and inventory replacement arising from an Epidemic Failure shall be borne by Supplier, regardless of whether Gainwell initiates a field stocking recall or customer-based recall or retrofit, including Products in distributor inventory and Gainwell’s installed base. Supplier, at its expense, will ensure that such Products, parts or upgrades have the highest shipping priority. Gainwell reserves the right to procure, upon terms it deems appropriate, similar products to substitute the affected Products, and Supplier shall promptly reimburse Gainwell for all costs, charges, prices and fees paid in purchasing the substitute products.
Epidemic Failure Remedy. If an Epidemic Failure occurs, all costs, including but not limited to, replacement Products, parts, upgrades, materials, labor, transportation and inventory replacement arising from an Epidemic Failure shall be borne by Supplier, regardless of whether Micro Focus initiates a field stocking recall or customer based recall or retrofit, including Products in distributor inventory and Micro Focus installed base. Supplier, at its expense, will ensure that such Products, parts or upgrades have the highest shipping priority. Micro Focus reserves the right to procure, upon terms it deems appropriate, similar products to substitute the affected Products, and Supplier shall promptly reimburse Micro Focus for all costs, charges, prices and fees paid in purchasing the substitute products.
Epidemic Failure Remedy. If an Epidemic Failure occurs, all costs, including but not limited to, replacement Goods, parts, upgrades, materials, labor, transportation and inventory replacement arising from an Epidemic Failure shall be borne by Seller, regardless of whether DAS initiates a field stocking recall or customer-based recall or retrofit, including Goods in distributor inventory and DAS’ installed base. Seller, at its expense, will ensure that such Goods, parts or upgrades have the highest shipping priority. DAS reserves the right to procure, upon terms it deems appropriate, similar goods to substitute the affected Goods, and Seller shall promptly reimburse DAS for all costs, charges, prices and fees paid in purchasing the substitute goods.
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Related to Epidemic Failure Remedy

  • Epidemic Failure Warranty Supplier warrants all Products against Epidemic Failure for a period of three years after DXC’s Acceptance. Epidemic Failure means the occurrence of the same failure, defect, or non-conformity with an Order in 2% or more of Products within any three-month period.

  • City’s Remedies In addition to any other remedies the City may have upon Developer and/or Developer’s contractor for the failure to provide and maintain insurance or policy endorsements to the extent and within the time required, the City shall have the right, to order Developer to stop work, and/or withhold any payment(s), which become due until Developer and/or Developer’s contractor demonstrates compliance with the requirements.

  • Warranty Remedy If your Congoleum floor fails to perform under the conditions of this warranty, Congoleum will at its option repair the defective area(s) or supply new Congoleum material of the same color, design, and grade, if available; if unavailable or discontinued, Congoleum reserves the right to select and supply similar Congoleum materials. This does not preclude replacement for other reasons as deemed appropriate by Congoleum. After corrective action is taken on an existing defect, you will continue to receive the warranty coverage for the remaining period of your original warranty. How to Make a Claim If you find a defect or other matter covered by this warranty, you should promptly notify the retailer who sold the floor covering material, or you may contact Congoleum directly. Notice of a claim under this warranty must be in writing and must include proof of purchase. The correspondence with the retailer or Congoleum should include the product purchased, the amount purchased, installation costs (if applicable) and the date of purchase. If you submit your claim directly to Congoleum, Congoleum will contact you within 15 days of receipt of your claim to verify that the claim has been made. You may submit your warranty claim directly to Congoleum at: Congoleum Corporation, Dept. C, 0000 Xxxxxxxxxxxx Xxxx, P.O. Box 3127, Mercerville, NJ 08619. Consequential or Incidental Damages The manufacturer excludes and will not pay consequential, indirect, incidental or special/putative damages under this warranty. By this we mean that the manufacturer will not cover or pay for any loss, expense, or damage other than to the flooring itself that may result from a defect in the flooring. Some examples of consequential or incidental damages are: reimbursement for lodging, replacement of subfloors, trim moldings, disconnecting/reconnecting appliances, fixtures or cabinets, or moving of furniture/appliances. No Implied Warranties There are no implied warranties, including warranties of merchantability and fitness for a particular use, extending beyond this warranty.

  • Failure to Remedy If the Funder has provided the HSP with an opportunity to remedy the breach, and: the HSP does not remedy the breach within the time period specified in the Notice; it becomes apparent to the Funder that the HSP cannot completely remedy the breach within the time specified in the Notice or such further period of time as the Funder considers reasonable; or the HSP is not proceeding to remedy the breach in a way that is satisfactory to the Funder, then the Funder may immediately terminate this Agreement by giving Notice of termination to the HSP.

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