Common use of EPIDEMIC DEFECT RATE Clause in Contracts

EPIDEMIC DEFECT RATE. In addition to Section 20A above, Seller agrees to repair or replace, at no charge to Buyer, any Epidemic Defects found to exist in any of the Products at any time prior to [*] after the date of delivery to Buyer of the affected Products. As used herein, "Epidemic Defects" shall mean a product field failure or defect for which Seller is responsible pursuant to the warranty in Section 20A at a rate of [*] or more occurring with the same or related Products with the same cause as measured during the warranty period. In the case of any Epidemic Defects, Seller and Buyer shall jointly agree regarding which of the following options to pursue, at Seller's expense; (i) [*] that no such corrective action is sufficient.

Appears in 3 contracts

Samples: Supply Agreement (Manufacturers Services LTD), Supply Agreement (Palm Inc), Supply Agreement (Palm Inc)

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EPIDEMIC DEFECT RATE. In addition to Section 20A above, Seller agrees to repair or replace, at no charge to Buyer, any Epidemic Defects found to exist in any of the Products at any time prior to [*] after the date of delivery to Buyer of the affected Products. As used herein, "Epidemic Defects" shall mean a product field failure or defect for which Seller is responsible pursuant to the warranty in Section 20A at a rate of [*] or more occurring with the same or related Products with the same cause as measured during the warranty period. In the case of any Epidemic Defects, Seller and Buyer shall jointly agree regarding which of the following options to pursue, at Seller's expense; (i) [*] that no such corrective action is sufficient.

Appears in 2 contracts

Samples: Supply Agreement (Manufacturers Services LTD), Supply Agreement (Manufacturers Services LTD)

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