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:
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. 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. Notwithstanding any other provision of this Agreement, if during the Term of this Agreement and for seven (7) years after the last shipment date of Product under this Agreement, Company notifies Supplier that Product shows evidence of an "Epidemic Condition," Supplier shall prepare and propose a Corrective Action Plan ("CAP") with respect to such Product 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. Epidemic Condition shall not include any defects, design flaws, failures modes, or other such causes of Epidemic Conditions that were in existence prior to the transfer of Products from Company to Supplier, nor shall it include Products manufactured by Company or the Novus EMS during the Novus Transition Period Upon notification of the Epidemic Condition to Supplier, Company shall have the right to postpone all or part of the shipments of unshipped Product, 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 (such agreement not to be unreasonably withheld), then Company shall have the right to suspend all or part of its unshipped Orders of the Product without liability to Company until such time as a mutually acceptable solution is reached or verification that an Epidemic Condition does not exist. An Epidemic Condition will be considered to exist when one or more of the following conditions occur:
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. 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:
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. If, during the term of this Agreement and for one year after the last shipment date of Material under this Agreement, Lucent notifies BroadBand that any Material shows evidence of an "Epidemic Condition" caused by BroadBand's manufacturing and not by any specifications, designs, instructions, component suppliers or materials provided by or approved by Lucent, BroadBand shall prepare and propose a Corrective Action Plan ("CAP") with respect to such Material, addressing implementation and procedure milestones for remedying such Epidemic Condition(s). BroadBand shall provide the CAP within ten (10) days of receiving information from Lucent reasonably required to identify and replicate the problem and prepare the CAP. An extension of this time-frame is permissible upon mutual written agreement of the parties. Upon notification of the Epidemic Condition to BroadBand, Lucent shall have the right to postpone all or part of the shipments of unshipped Material exhibiting the Epidemic Condition, by giving written notice of such postponement to BroadBand, pending correction of the Epidemic Condition. Such postponement shall temporarily relieve BroadBand of its shipment liability and Lucent of its shipment acceptance liability. Should BroadBand not agree to the existence of an Epidemic Condition or should Lucent not agree to the CAP, the matter will be handled in accordance with the clause DISPUTE RESOLUTION. An Epidemic Condition will be considered to exist when one or more of the following conditions occur:
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:
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:
