Epidemic defects. For the purpose of this Article, "
Epidemic defects. For the purposes of this Agreement, an “Epidemic Defect” will be considered to exist when [***] of the Wafer Population (as defined below), or [***], whichever is greater, exhibits a substantially similar failure that is shown through root cause analysis to have been based on the same failure that is attributable to Supplier that is due to one or more similar material defects in materials and/or workmanship, product recalls or safety defects. “Wafer Population” shall mean production Wafers that are fabricated in the same technology node during any [***]. If at any time during the Term and directly attributable to Supplier, an Epidemic Defect occurs, then, in addition to the remedies set forth in Sections 7.1 and 7.2 and subject to any other rights or remedies under this Agreement, Supplier shall, within [***] of Maxim notifying Supplier of such Epidemic Defect, provide a plan of action to correct such Epidemic Defect (the “Plan of Action”), which shall include [***]. Maxim shall then accept or reject such Plan of Action and in the case of rejection, shall provide a reasonably detailed explanation for such rejection. Maxim may not unreasonably reject the Plan of Action. If Maxim accepts the Plan of Action, Supplier shall carry out such Plan of Action. If Maxim rejects such Plan of Action, the Parties shall define a joint Plan of Action together. The Parties agrees that [***]. Supplier and Maxim will engage in good-faith discussions regarding any Epidemic Defects. [***].
Epidemic defects. McDATA will repair or replace, at no charge to EMC, any epidemic defects found to exist in the Products at any time prior to [*] (Epidemic Failure Period). For purposes of this Agreement, epidemic defects shall mean a defect rate of [*] or more occurring with the same Product or related products for the same root cause over any consecutive [*] day period (Epidemic Defects). In the event McDATA's Products failure rate exceeds the Epidemic Defects during the Epidemic Failure Period, EMC has the option of having McDATA, at McDATA's expense: (a) sort, screen, repair and/or replace EMC's Product, including installed Products, Products pending installation, and Spares which are subject to such failure; and (b) conduct a thorough investigation into the failure's root cause, and with EMC's concurrence, implement corrective action. The parties will mutually agree with EMC on the time required to complete servicing/correcting such Products, and McDATA's reimbursement to EMC will be the above agreed upon time at EMC's then-current internal service rate.
Epidemic defects. Epidemic Defects shall mean Products that experience one of more of the following: (a) the same or similar defect at a rate of *** or more in any given sixty (60) day period, (b) the same or similar defect at a rate of *** or more of total purchases, (c) recalls, or (d) safety defects.
Epidemic defects. For Epidemic Defects, Supplier will, at Buyer’s discretion: (a) refund or credit the Product Price, or replace or repair the Products at no charge in a timely manner, and (b) reimburse Buyer for all actual and reasonable expenses incurred by Buyer related to Epidemic Defects, including, without limitation, costs associated with repair or replacement, field costs, problem diagnosis, and field and finished goods inventory related costs. Supplier will commence such performance within five (5) calendar days of Buyer’s notice to Supplier of an Epidemic Defect. SECTIONS 6.2, 6.4, AND 9.0 OF XXX XXXX XXXXXXXX, XXXXX BUYER’S SOLE REMEDIES FOR ANY BREACH OF WARRANTY IN SECTION 6.1 OF THE BASE AGREEMENT.
Epidemic defects. For Epidemic Defects, Buyer will notify supplier in writing of the existence of an epidemic failure and provide supporting technical failure characteristics and data, failure rate details, and failed products to support the claim. If an epidemic failure has occurred in accordance with this Section 8.1,, Supplier shall prepare and propose a Corrective Action Plan or response with respect to such material within 24 hours of such notification, addressing implementation and procedure milestones for remedying such Epidemic Defect condition(s). An extension of the time frame is permissible upon prior written notification by Buyer. For Epidemic Defects, Supplier will at Buyer’s discretion: (i) refund or credit the Product Price, or replace or repair the Products at no charge in a timely manner, and (ii) reimburse Buyer for actual and reasonable expenses incurred by Buyer Agreement #4998RL1168 SOW #4904RL1344 related to Epidemic Defects, including costs associated with repair, or replacement, field costs, customer related expenses, problem diagnosis, and field and finished goods inventory related costs.
Epidemic defects. For thepurposeofthis Article, "Epidemic Defect" shallmeanthesamedefectaffectingatleast five (5%) percentof the Goods ora same defectaffecting at least three (3 %) percentofcircuit boards, components or electronic sub-assemblies delivered by the Supplier to the Purchaser under the Contract, measured over a continuous period of twelve (12) consecutive months starting from delivery of the first Goods until three (3) years after thedate of the delivery of the last Goods in the frame of the sameproject. If an Epidemic Defect affects the same part orthe same Goods in one or more Orders, the Supplier shall repair, replace or redesign all of the identical parts or the same Goods, whichis the subjectof said Order(s). The Supplier shall also bear the costs of the logistics, dismounting and mounting of the parts or the Goods. In the event of a repair of an Epidemic Defect, the warranty period covering the relevant part or Goods shall be extended for a period of twenty-four (24) months from the date of commissioning of the repaired part or Goods. Throughoutthe duration of the warranty period for Epidemic Defect, the Supplier shall provide an analysis and action plan to correct any Epidemic Defect as notified by the Purchaser within a maximum period of five (5) business days from said notification. This action plan shall be implemented within a reasonable period, tobemutuallyagreeduponby the Partieshaving regard to thenature of the Epidemic Defect.
Epidemic defects. Supplier warrants that the goods will be free from epidemic defects. An ‘epidemic defect’ is a defect which appears in more than half a percent (0.5%), or any lower percentage as specified in the specifications, of the goods of the same or substantially the same type delivered by Supplier to Buyer or its Affiliates within the epidemic defect period as stated in the relevant specifications, or if no such period is stated, within any consecutive period of three (3) months, and which defect is either similar or substantially similar or has similar or substantially similar cause. In the event of an epidemic defect, Supplier shall urgently and at its costs and expense repair or replace goods delivered to Buyer which show such epidemic defect within the reasonably expected life time of such goods and Supplier shall further indemnify Buyer for all losses and damages incurred by Buyer, including without limitation all costs and damages in relation to recall of any goods or products in which the goods are used from the market (whether defective or not) in relation to the epidemic defect.
Epidemic defects. An "Epidemic Defect" occurs when there are repeated failures of the same component of an enterprise storage Product, arising from the same cause, to the extent that the annualized failure rate due to that cause exceeds [*] the specified AFR of the entire population of disc drives based on a [*] calculation. If LSI believes a Product has an Epidemic Defect, LSI will notify Seagate of all the facts regarding the Product, and Seagate and LSI will work together to diagnose and verify the failures. If Seagate and LSI agree that the failures have been properly diagnosed and that the failure count for that cause is accurate, Seagate will meet with LSI to develop and agree upon a mutually acceptable corrective action plan, which may include reasonable compensation to LSI for mutually agreed upon expenses incurred.
Epidemic defects. 27.1. Defects found from the materials, products or components made or purchased by FITI in more than five (5) units delivered to NANOX or its designee during any one (1) year period, will be hereinafter defined as “Epidemic Defects.” FITI is responsible, at its sole cost and expense, for repair and replacement of the Epidemic Defects. Additionally, FITI will be responsible for logistics costs, including freight, of the failed products and will support NANOX with resources such as appropriate staging areas, rework and technical resources necessary for said repair and replacement. An Epidemic Defect will not, however, be deemed to occur if the affected Product was not tested by FITI before shipment at NANOX’s written direction. NANOX will provide FITI notice of the existence of an Epidemic Defect within six (6) months after it could have been established that an Epidemic Defect has occurred, failing which NANOX will be deemed to have waived its right to enforce this paragraph.
