Common use of Epidemic Failure Remedy Clause in Contracts

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