EPIDEMIC CONDITION. If during the term of this Agreement and for [*] after the last shipment date of MATERIAL under this Agreement Company notifies Supplier that MATERIAL shows evidence of an "Epidemic Condition," Supplier shall prepare and propose a Corrective Action Plan ("CAP") with respect to such MATERIAL within fifteen (15) working days of such notification, addressing implementation and procedure milestones for remedying such Epidemic Condition(s). An extension of this time-frame is permissible upon mutual written agreement of the parties. Upon notification of the Epidemic Condition to Supplier, Company shall have the right to postpone all or part of the shipments of unshipped MATERIAL, by giving written notice of such postponement to Supplier, pending correction of the Epidemic Condition. Such postponement shall temporarily relieve Supplier of its shipment liability and Company of its shipment acceptance liability. Should Supplier not agree to the existence of an Epidemic Condition or should Company not agree to the CAP, then Company shall have the right to suspend all or part of its unshipped orders without liability to Company until such time as a mutually acceptable solution is reached. An Epidemic Condition will be considered to exist when one or more of the following conditions occur:
(1) Failure reports or statistical samplings show that MATERIAL shipped contain a potential safety hazard (such as personal injury or death, fire, explosion, toxic * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. 7 Agreement No. SC11990054 Sheet 7 of 28 emissions, etc.), or exhibit a highly objectionable symptom (such as emissions of smoke, loud noises, deformation of housing) or other disconcerting symptoms of this type.
(2) Reliability plots of relevant data indicate that the MATERIAL has actual Mean Time Between Failures (MTBF) of less than 80% of the MTBF stipulated in the Specification. The MTBF parameter of MATERIAL is defined as the total operating or power-on time of any population under observation ("T"), in hours, divided by the total number of critical failures ("n") that have occurred during the observed period. A critical failure is defined as a failure to operate per the requirements of the Specification. The total operating time of a population is the summation of operating time of individual units in that population. MTBF is expressed as MTBF =...
EPIDEMIC CONDITION. In the event that during the term of this Agreement and for one year after the last shipment date of Material hereunder, Company notifies Supplier (in accordance with the NOTICES clause) that Material shows evidence of an Epidemic Condition, Supplier shall prepare and propose a "Corrective Action Plan" (CAP) with respect to such Material within ten (10)
EPIDEMIC CONDITION. In the event that during the term of this Agreement and for one year after the last shipment date of Material hereunder, Company notifies Supplier (in accordance with the NOTICES clause) that Material shows evidence of an Epidemic Condition. Supplier shall prepare and propose a "Corrective Action Plan" (CAP) with respect to such Material within ten (10) working days of such notification, addressing implementation and procedure milestones for remedying such epidemic condition(s). An extension of this time-frame is permissible upon mutual agreement of the parties. Upon notification of the Epidemic Condition to Supplier, Company shall have the right to postpone shipment of unshipped Material by giving written notice of such postponement to Supplier, pending correction of the Epidemic Condition. Such postponement shall temporarily relieve Supplier of its shipment liability and Company of its shipment acceptance liability. Should Supplier not agree to the existence of an Epidemic Condition or should Company not agree to the Corrective Action Plan, then Company shall have the right to suspend all or part of its unshipped Orders without liability to Company until such time as a mutually acceptable solution is reached. An Epidemic Condition, excluding potential safety hazards, will be considered to exist when one or more of the following conditions occur:
1. Failure reports or statistical sampling showing that three percent (3%) or more of any consecutive one hundred (100) units of Material delivered to Company or Company's customers are rejected for defective materials or workmanship; or repair reports indicate non-conformance for the same defect of five percent (5%) of the installed Material base.
2. expressed as MTBF=T/n. An Epidemic Condition shall exist when data derived from populations being tracked confirms the condition with eighty (80%) percent statistical confidence.
3. Material Dead on Arrival ("DOA") failures exceed the Epidemic DOA failure rate which is defined as two percent (2%) of Material delivered to Company or Company's customer with a one (1) month period. Only major functional and visual/mechanical/appearance defects are considered for determining Epidemic Condition. Material could be either sampled, or at Company option, one hundred (100%) percent audited at Company warehouses, factories, or Company's customers' locations. If Material is sampled, the data must have eighty (80%) percent or better statistical confidence. For the purposes of th...
EPIDEMIC CONDITION. If during the term of this Agreement and for one year after the last shipment date of Equipment, Software, or Materials (collectively referred to as "Product") under this Agreement AT&T notifies VISUAL that Product shows evidence of an "Epidemic Condition," VISUAL shall prepare and propose a Corrective Action Plan ("CAP") with respect to such material within five (5) working days of such notification, addressing implementation and procedure milestones for remedying such Epidemic Condition(s). An extension of this time-frame is permissible upon mutual written agreement of the parties. *** An Epidemic Condition will be considered to exist when one or more of the following conditions occur: *** Only major functional and visual/mechanical/appearance defects are considered for determining Epidemic Condition. Product may be either sampled or, at AT&T's option, 100% audited at AT&T premises or AT&T's customers' locations.*** ---------------------------------- *** Confidential Information has been omitted and filed separately with the Securities and Exchange Commission.
EPIDEMIC CONDITION. An Epidemic Condition exists when failure reports or statistical samplings show that five percent (5%) or more of the same Product installed or shipped during any one month contain an identical, repetitive defect in Solectron supplied material and/or workmanship. If during that warranty period of [*], the same Product shows evidence of an Epidemic Condition, Handspring shall have the right, pending correction of the Epidemic Condition, to postpone further shipments of such Product by giving written notice of such postponement to Solectron. Such postponement shall temporarily relieve Solectron of its shipment liability and Handspring of any shipment liability for such postponed shipments. Both parties shall work together to prepare and propose a corrective action plan addressing implementation and procedure milestones for remedying such Epidemic Condition(s). Both parties shall use diligent efforts to implement the remedy in accordance with the agreed upon schedule. In the event of Epidemic Failure Solectron will:
a. Incorporate the remedy in the affected Product in accordance with Handspring engineering change order procedures;
b. Ship all subsequent Products incorporating the required remedy; and
c. Shall pay the direct costs of implementing the remedy on Products evidencing the Epidemic Condition within the warranty period if caused by Solectron, provided that said costs shall not exceed the total price paid by Handspring for the affected Products less Solectron's actual cost for the components incorporated into the affected Products. SOLECTRON MAKES NO OTHER WARRANTIES OR CONDITIONS ON THE PRODUCTS, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR COMMUNICATION WITH HANDSPRING, AND SOLECTRON SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
EPIDEMIC CONDITION. In the event that during the term of this Agreement and for one year after the last shipment date of MATERIAL under this Agreement Company notifies Supplier that MATERIAL shows evidence of an "Epidemic Condition," Supplier shall prepare and propose a Corrective Action Plan ("CAP") with respect to such MATERIAL within ten (10) working days of such notification, addressing implementation and procedure milestones for remedying such Epidemic Condition(s). An extension of this time-frame is permissible upon mutual written agreement of the parties. Upon notification of the Epidemic Condition to Supplier, Company shall have the right to postpone all or part of the shipments of unshipped MATERIAL, by giving written notice of such postponement to Supplier, pending correction of the Epidemic Condition. Such postponement shall temporarily relieve Supplier of its shipment liability and Company of its shipment acceptance liability. Should Supplier not agree to the existence of an Epidemic Condition or should Company not agree to the CAP, then Company shall have the right to suspend all or part of its unshipped orders without liability to Company until such time as a mutually acceptable solution is reached. An Epidemic Condition will be considered to exist when one or more of the following conditions occur:
EPIDEMIC CONDITION. If during the term of this Agreement and for one year after the last shipment date of Hardware or Software under this Agreement Company notifies Supplier that Hardware or Software shows evidence of an “Epidemic Condition,” Supplier shall prepare and propose a Corrective Action Plan (“CAP”) with respect to such Hardware and Software within [CONFIDENTIAL TREATMENT REQUESTED] /*/ days of such notification, addressing implementation and procedure milestones for remedying such Epidemic Condition(s). An extension of this time-frame is permissible upon mutual written agreement of the parties. Upon notification of the Epidemic Condition to Supplier, Company shall have the right to postpone all or part of the shipments of unshipped Hardware and Software, by giving written notice of such postponement to Supplier, pending correction of the Epidemic Condition. Such postponement shall temporarily relieve Supplier of its shipment liability and Company of its shipment acceptance liability. Company and Supplier agree that in the event of an Epidemic Condition they will work together cooperatively to agree to and implement the CAP. Should Supplier not agree to the existence of an Epidemic Condition or should Company not agree to the CAP, then Company shall have the right [CONFIDENTIAL TREATMENT REQUESTED] /*/ until such time as a mutually acceptable solution is reached. An Epidemic Condition will be considered to exist when one or more of the following conditions occur:
1) Failure reports or statistical samplings show that [CONFIDENTIAL TREATMENT REQUESTED] /*/ or more of Hardware installed or [CONFIDENTIAL TREATMENT REQUESTED] or more of Hardware shipped during any [CONFIDENTIAL TREATMENT REQUESTED] /*/, or [CONFIDENTIAL TREATMENT REQUESTED] /*/ or more of the Hardware [CONFIDENTIAL TREATMENT REQUESTED] /*/ of this type.
2) Hardware has actual Mean Time Between Failures (MTBF) of [CONFIDENTIAL TREATMENT REQUESTED] /*/ stipulated in the Technical Specification. The MTBF parameter of Hardware is [CONFIDENTIAL TREATMENT REQUESTED] /*/.
3) Deliverable Dead on Arrival (DOA) failures exceed the Epidemic DOA failure rate, which is [CONFIDENTIAL TREATMENT REQUESTED] /*/. [CONFIDENTIAL TREATMENT REQUESTED] /*/. Hardware and/or Software may be either sampled or, at Company’s option, [CONFIDENTIAL TREATMENT REQUESTED] /*/ at Company warehouses, factories or Company’s customers’ locations. The data [CONFIDENTIAL TREATMENT REQUESTED] /*/. For the purpose of this Agreement, functional ...
EPIDEMIC CONDITION. An Epidemic Condition exists when failure reports or statistical samplings show that five percent (5%) or more of the same Product installed or shipped during any one month contain an identical, repetitive defect in Wavecom supplied material and/or workmanship. If during that warranty period Product shows * Confidential treatment has been requested for certain portions of this document pursuant to an application for confidential treatment sent to the Securities and Exchange Commission. Such portions are omitted from this filing and filed separately with the Securities and Exchange Commission. evidence of an Epidemic Condition, Handspring shall have the right, pending correction of the Epidemic Condition, to postpone further shipments of such Product by giving written notice of such postponement to Wavecom. Such postponement shall temporarily relieve Wavecom of its shipment liability and Handspring of any payment liability for such postponed shipments. Wavecom shall promptly prepare and propose a corrective action plan addressing implementation and procedure milestones for remedying such Epidemic Condition(s). Both parties shall use best efforts to implement the remedy in accordance with the agreed upon schedule.
EPIDEMIC CONDITION. An Epidemic Condition exists when failure reports or statistical samplings show that [*] or more of the same Product installed or shipped during any one month contain an identical, repetitive defect in AirPrime supplied material and/or workmanship. If during that warranty period Product shows evidence of an Epidemic Condition, Handspring shall have the right, pending correction of the Epidemic Condition, to postpone further shipments of such Product by giving written notice of such postponement to AirPrime. Such postponement shall temporarily relieve AirPrime of its shipment liability and Handspring of any payment liability for such postponed shipments. AirPrime shall promptly prepare and propose a corrective action plan addressing implementation and procedure milestones for remedying such Epidemic Condition(s). Both parties shall use best efforts to implement the remedy in accordance with the agreed upon schedule.
EPIDEMIC CONDITION. An Epidemic Condition will be considered to exist when one or more of NOTE: Information in this document marked with an “[*]” has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. the following conditions occur:
22.2.1 Failure reports or statistical samplings show that four percent or more of quantity/volume of the particular Product that was provided by Fabrinet under this Agreement failed to operate (or is expected to fail to operate) in accordance with its operating parameters during its expected operational life and such failure to operate is not a result of a defect in Avanex’s Product design, or;
22.2.2 Reliability plots of relevant data indicate that any Products provided by Fabrinet has actual Mean Time Between Failures (MTBF) of less than 90% of the MTBF stipulated in the relevant specifications. The MTBF parameter of material is defined as the total operating or power-on time of any population under observation (“T”), in hours, divided by the total number of critical failures (“n”) that have occurred during the observed period. A critical failure is defined as a failure to operate per the requirements of the relevant specification. The total operating time of a population is the summation of operating time of individual units in that population. MTBF is expressed as MTBF = T/n. An Epidemic Condition shall exist when data derived from populations being tracked confirms the condition with 90% confidence.
