Epidemic Failure Event Sample Clauses

Epidemic Failure Event. 12.1. "Epidemic Failure Event" means Product failures (i) having the same or similar cause, verified by Vendor, Buyer, or an independent third party on behalf of Buyer, (ii) occurring within five (5) years after the date of delivery of the Product to Buyer, (iii) resulting from defects in materials, workmanship, manufacturing process, design, or failure to conform with the Buyer specifications, (iv) having a one-month failure rate equal to or in excess of the rate calculation defined as two times (2x) the most current, consecutive six-month (or any other mutually agreed upon, currently monitored duration) rolling average failure rate where the failure rate is calculated by dividing the number of unit failures by the unit population or installed base (Failure Rate = N unit failures / N unit population) (“Threshold Failure Rate”). The Threshold Failure Rate will apply to all Products unless Buyer and Vendor have agreed in writing to an alternative metric for a particular Product. Upon occurrence of an Epidemic Failure Event, the remedies in Sections 12.2 and 12.3 of this Order will apply to the entire Product population affected or potentially affected by the root cause failure (“Affected Product”).
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Epidemic Failure Event. (a) For purposes of this Agreement, “Epidemic Failure Event” shall mean Contract Wafer failures (i) having the same or similar cause, verified by SMIC, by Spansion, or an independent third party on behalf of Spansion, (ii) occurring within three (3) years after the date of delivery of the Contract Wafers to Spansion, (iii) resulting from defects in materials, workmanship, manufacturing process, design or failure to conform with the Product Specifications, (iv) having a one-month failure rate equal to or in excess of two times (2x) the previous consecutive six-month (or any other mutually agreed upon, currently monitored duration) rolling average failure rate where such failure rates are calculated by dividing the number of Contract Wafer failures by the total number of Contract Wafers delivered to Spansion during the applicable period (Failure Rate = N Contract Wafers / N total number of Contract Wafers) (“Threshold Failure Rate”). The Threshold Failure Rate shall apply to all Contract Wafers unless Spansion and SMIC have agreed in writing to an alternative metric for a particular Lot. Upon occurrence of an Epidemic Failure Event, the remedies of Section 5.4(b) and Section 5.4(c) shall apply to the entire Lot(s) affected or potentially affected by the root cause failure (“Affected Lot”).
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Epidemic Failure Event. Upon occurrence of an Epidemic Failure Event, the remedies of Section 7.2(a) and Section 7.2(b) below shall apply to the entire Product population affected by the root cause failure until corrective action is complete.
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Epidemic Failure Event. 18.4.1 For purposes of this Agreement, “Epidemic Failure Event” shall mean the Product functional failures during the Warranty Period as set forth in this Agreement and (i) having the same or similar cause, verified by the Supplier and Sun, or an independent third party on behalf of Sun (ii) occurring within five (5) years after delivery of the Product; (iii) resulting from defects in materials, workmanship, manufacturing process or design or failure to conform with the Specifications, (iv) having a one month failure rate equal to or in excess of the rate calculation defined as two times (2x) the most current, consecutive five month (or any other mutually agreed upon, currently monitored duration) rolling average failure rate where the failure rate is calculated by dividing the number of unit fails by the unit population or installed base (Failure Rate = N unit failures / N unit population). The threshold set forth in Article 18.4.1(iv) shall apply to all Products unless Sun and Supplier have agreed to an alternative metric for a particular Product in the applicable Award Letter. Supplier shall have no obligation under this Article 18.4 due to the following events so long as they are not attributable to Supplier. For components contained within the Product that are designated in the Product Award Level Appendix 6: Material Categorization Appendix as “Sun AVL” or “Core” representing specification(s) by Sun for use in the Product and wherein the Supplier is not the AVL vendor for such components, Supplier shall have no obligation under Article 18.4.3 for the inappropriate specification of such component for its application or intended use. Supplier shall, however, have full
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Epidemic Failure Event. 18.4.1 For purposes of this Agreement, “Epidemic Failure Event” shall mean the Product functional failures during the Warranty Period as set forth in this Agreement and (i) having the same or similar cause, verified by the Supplier and Sun, or an independent third party on behalf of Sun (ii) occurring within five (5) years after delivery of the Product; (iii) resulting from defects in materials, workmanship, manufacturing process or design or failure to conform with the Specifications, (iv) having a one month failure rate equal to or in excess of the rate calculation defined as two times (2x) the most current, consecutive five month (or any other mutually agreed upon, currently monitored duration) rolling average failure rate where the failure rate is calculated by dividing the number of unit fails by the unit population or installed base (Failure Rate = N unit failures / N unit population). The threshold set forth in Article 18.4.1
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Epidemic Failure Event. Subject to and without prejudice to any other remedies available under this DG Agreement, upon occurrence of an Epidemic Failure event, the remedies of Section 14.1 and Section 14.2 below shall apply to all the Impacted Products until corrective action is completed as set forth below: 普遍瑕疵事件。在不影响本分布式协议项下任何其他救济的前提下，如果出现普遍瑕疵事件，以下第14.1条和第14.2条规定的救济将适用于所有受影响的产品，直至如下纠正措施完成：
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Epidemic Failure Event. Upon occurrence of an Epidemic Failure Event, the remedies of Section 10.1 and Section 10.2 below shall apply to the entire P-Series Product population affected by the root cause failure until corrective action is complete. 普遍瑕疵事件。如果出现普遍瑕疵事件，直至纠正措施完成为止，以下第10.1条和第10.2条规定的救济将适用于所有受瑕疵根本原因影响的P系列产品：
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Epidemic Failure Event. Upon occurrence of a suspected Epidemic Failure Event, Medtronic shall promptly notify Supplier, and shall provide, if known and as may exist, a description of the failure, and the suspected lot numbers, serial numbers or other identifiers, and delivery dates, of the Nonconforming Products. Medtronic shall make available to Supplier samples of the Nonconforming Products for testing and analysis. Upon receipt of Product from Medtronic, Supplier shall promptly provide its preliminary findings regarding the cause of the nonconformance. The parties shall cooperate and work together to determine root cause. Thereafter, Supplier shall promptly provide the results of its root cause corrective analysis, and if it is determined to be an Epidemic Failure Event, its proposed plan for the identification of and the repair and/or replacement of the affected Products, and such other appropriate information. Supplier shall recommend a corrective and preventative action program which identifies the affected units for repair or replacement, and which minimizes disruption to the end user and eliminates the failure going forward. Medtronic and Supplier shall consider, evaluate and determine the corrective and preventative action program. In the event the test equipment necessary to test and analyze the Nonconforming Product is no longer in Supplier’s possession due to a planned phase-out of such equipment, Medtronic and Supplier shall identify an alternative method (including without limitation timing and cost elements) by which to test and analyze the Epidemic Failure Event to both parties’ satisfaction. In the event of an Epidemic Failure Event, Supplier shall, in addition to any remedies related to Nonconforming Product set forth in a Quality Agreement, reimburse all direct, reasonable, and documented labor, equipment and processing costs incurred by Medtronic solely as a result of the implementation of the corrective action program for such Epidemic Failure Event, including test procedures, test equipment, the testing of Products. 4.4.1 For purposes of this Agreement, “Epidemic Failure Event” shall mean the occurrence of the same nonconformance (i) attributable to the same root cause found in five percent (5%) or more of units of a particular Product, with a minimum of twenty (20) units, shipped by Supplier during a consecutive three (3) month period where such nonconformance is verified by Supplier and by Medtronic, or an independent third party determined by Medtronic s...
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Epidemic Failure Event. 12.1. "Epidemic Failure Event" shall mean Product failures (i) having the same or similar cause, verified by the Vendor, by Xxxxx, or an independent third party on behalf of Buyer
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Related to Epidemic Failure Event

  • Epidemic Failure “Epidemic Failure” for any particular Product shall mean a failure resulting from defects in material, workmanship, and manufacturing process, including but not limited to the use of Components with known defects. The Epidemic Failure clause shall be invoked [***]. The failure rate may be calculated [***], as determined by BUYER. Epidemic failures do not supersede the requirements of any expressed or implied warranty defined herein. In the case of an epidemic failure, SUPPLIER’s obligation is to propose an action plan to fix the failure of any affected Product within seventy-two (72) hours of discovery. SUPPLIER shall implement this action plan upon BUYER’s acceptance thereof. If the action plan is not acceptable to BUYER, BUYER can require SUPPLIER to repair or replace, at BUYER’s option, the affected Product. In addition to bearing the costs associated therewith, if requested by BUYER, SUPPLIER shall support and provide at SUPPLIER’s expense a sufficient number of units of the Product to permit the field exchange or “hot swap” of Products at customer sites. The parties agree to make all reasonable efforts to complete the repair or replacement of all affected Products within eight (8) Business Days after written notice of epidemic failure by BUYER to SUPPLIER. SUPPLIER also agrees that BUYER will be supported with accelerated shipments of replacement Product to cover BUYER’s supply requirements. If an Epidemic Failure is caused by (i) a design, including a BUYER-provided test process, as required by the Specifications or (ii) a failure by a Component required by the Specifications, (iii) misuse or damage during transit or damage by a third party at no fault of SUPPLIER, SUPPLIER shall perform the obligations in this Section 10.5 and BUYER shall pay to SUPPLIER the fees mutually agreed upon by the parties in writing. If an Epidemic Failure is caused by any other reason other than as set forth in the immediately preceding sentence, SUPPLIER shall perform the obligations set forth in this Section free of charge. Confidential treatment is being requested for portions of this document. This copy of the document filed as an exhibit omits the confidential information subject to the confidentiality request. Omissions are designated by the symbol [***]. A complete version of this document has been filed separately with the Securities and Exchange Commission.

  • Epidemic Failure Warranty Supplier warrants all Products against Epidemic Failure for a period of three years after DXC’s Acceptance. Epidemic Failure means the occurrence of the same failure, defect, or non-conformity with an Order in 2% or more of Products within any three-month period.

  • Epidemic Failure Remedy If an Epidemic Failure occurs, all costs, including but not limited to, replacement Products, parts, upgrades, materials, labor, transportation and inventory replacement arising from an Epidemic Failure shall be borne by Supplier, regardless of whether DXC initiates a field stocking recall or customer-based recall or retrofit, including Products in distributor inventory and DXC’s installed base. Supplier, at its expense, will ensure that such Products, parts or upgrades have the highest shipping priority. DXC reserves the right to procure, upon terms it deems appropriate, similar products to substitute the affected Products, and Supplier shall promptly reimburse DXC for all costs, charges, prices and fees paid in purchasing the substitute products.

  • No Failure to Cure Default The Seller has not received a written notice of default of any senior mortgage loan related to the Mortgaged Property which has not been cured;

  • Equipment Failures In the event of equipment failures beyond the Administrator's control, the Administrator shall take reasonable and prompt steps to minimize service interruptions but shall have no liability with respect thereto. The Administrator shall develop and maintain a plan for recovery from equipment failures which may include contractual arrangements with appropriate parties making reasonable provision for emergency use of electronic data processing equipment to the extent appropriate equipment is available.

  • Borrower’s Failure to Notify Any outstanding Borrowing of Domestic Rate Loans shall, subject to Section 6.2 hereof, automatically be continued for an additional Interest Period on the last day of its then current Interest Period unless the Borrower has notified the Administrative Agent within the period required by Section 1.6(a) hereof that it intends to convert such Borrowing into a Borrowing of Eurocurrency Loans or notifies the Administrative Agent within the period required by Section 1.9(a) hereof that it intends to prepay such Borrowing. If the Borrower fails to give notice pursuant to Section 1.6(a) hereof of the continuation or conversion of any outstanding principal amount of a Borrowing of Eurocurrency Loans denominated in U.S. Dollars before the last day of its then current Interest Period within the period required by Section 1.6(a) hereof and has not notified the Administrative Agent within the period required by Section 1.9(a) hereof that it intends to prepay such Borrowing, such Borrowing shall automatically be converted into a Borrowing of Domestic Rate Loans, subject to Section 6.2 hereof. If the Borrower fails to give notice pursuant to Section 1.6(a) above of the continuation of any outstanding principal amount of a Borrowing of Eurocurrency Loans denominated in an Alternative Currency before the last day of its then current Interest Period within the period required by Section 1.6(a) hereof and has not notified the Administrative Agent within the period required by Section 1.9(a) hereof that it intends to prepay such Borrowing, such Borrowing shall automatically be continued as a Borrowing of Eurocurrency Loans in the same Alternative Currency with an Interest Period of one month, subject to Section 6.2 hereof, including the application of Section 1.4 hereof and of the restrictions contained in the definition of Interest Period.

  • Payment Failure Any Credit Party (i) fails to pay any principal when due under this Agreement or (ii) fails to pay, within three Business Days of when due, any other amount due under this Agreement or any other Credit Document, including payments of interest, fees, reimbursements, and indemnifications;

  • Termination Due to Force Majeure Event If the period of Force Majeure continues or is in the reasonable judgment of the Parties likely to continue beyond a period of 120 (one hundred and twenty) Days, the Parties may mutually decide to terminate this Agreement or continue this Agreement on mutually agreed revised terms. If the Parties are unable to reach an agreement in this regard, the Affected Party shall after the expiry of the said period of 120 (one hundred and twenty ) Days be entitled to terminate the Agreement in which event, the provisions of Articles 16 and 17 shall, to the extent expressly made applicable, apply.

  • Power Failure Power Failure means the failure of power or other utility service if the failure takes place off the "residence premises". But if the failure results in a loss, from a Peril Insured Against on the "residence premises", we will pay for the loss caused by that peril.

  • Force Majeure Event After giving effect to any applicable provision, disruption fallback or remedy specified in, or pursuant to, the relevant Confirmation or elsewhere in this Agreement, by reason of force majeure or act of state occurring after a Transaction is entered into, on any day:— (1) the Office through which such party (which will be the Affected Party) makes and receives payments or deliveries with respect to such Transaction is prevented from performing any absolute or contingent obligation to make a payment or delivery in respect of such Transaction, from receiving a payment or delivery in respect of such Transaction or from complying with any other material provision of this Agreement relating to such Transaction (or would be so prevented if such payment, delivery or compliance were required on that day), or it becomes impossible or impracticable for such Office so to perform, receive or comply (or it would be impossible or impracticable for such Office so to perform, receive or comply if such payment, delivery or compliance were required on that day); or (2) such party or any Credit Support Provider of such party (which will be the Affected Party) is prevented from performing any absolute or contingent obligation to make a payment or delivery which such party or Credit Support Provider has under any Credit Support Document relating to such Transaction, from receiving a payment or delivery under such Credit Support Document or from complying with any other material provision of such Credit Support Document (or would be so prevented if such payment, delivery or compliance were required on that day), or it becomes impossible or impracticable for such party or Credit Support Provider so to perform, receive or comply (or it would be impossible or impracticable for such party or Credit Support Provider so to perform, receive or comply if such payment, delivery or compliance were required on that day), so long as the force majeure or act of state is beyond the control of such Office, such party or such Credit Support Provider, as appropriate, and such Office, party or Credit Support Provider could not, after using all reasonable efforts (which will not require such party or Credit Support Provider to incur a loss, other than immaterial, incidental expenses), overcome such prevention, impossibility or impracticability;

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