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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 THE BASE AGREMENT, STATE 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. In the event of an Epidemic Defect attributable to a breach of SANMINA-SCI’s warranty, SANMINA-SCI shall extend the [***] warranty period set forth in Section 7.1 by an additional [***], for a total of [***]. “Epidemic Defect” is defined as a defect in the Product or any Component thereof that is attributed to the common root cause where the annual failure rate exceeds [***]. Defects resulting from normal “wear and tear” are excluded.
Epidemic defects. In addition to Section 14A above, MSSLO agrees to repair or replace, at no charge to 3Com, any Epidemic Defects found to exist in any of the Products at any time prior to **** months after the date of delivery to 3Com of the affected Products. In the case of any Epidemic Defects, MSSLO and 3Com shall jointly agree regarding which of the following options to pursue, at MSSLO's expense; (i) sort, screen, repair and/or replace 3Com's Product stock and Products in the field, (ii) conduct a thorough investigation into the root cause of the Epidemic Defect and with 3Com's concurrence, implement corrective actions, (iii) reimburse 3Com for the costs, if any, of 3Com service calls to 3Com's customer locations, and/or (iv) accept the return of any and all affected Product(s) for a full refund if the Parties mutually agree that no such corrective action is sufficient.
Epidemic defects. Supplier will, at Buyer's discretion, repair or replace, or credit or refund Products that are Defective as specified in the relevant SOW ("Defective Products"), or where a safety defect is found. Supplier will commence such performance within five (5) calendar days of Buyer's notice to Supplier of Defective Products. Notwithstanding the provisions of Section 10.0 of this BA, Supplier will reimburse Buyer for all actual and reasonable expenses (up to a maximum reimbursement of $1.5 million per Product base part number) incurred by Buyer for such repair and replacement of Defective Products, including expenses associated with problem diagnosis, field and finished goods inventory repair, and replacement.
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.
