Common use of Epidemic Failures Clause in Contracts

Epidemic Failures. Each Party shall notify the other whenever it believes that an Epidemic Failure condition exists and shall provide the other Party with documentation supporting its belief. The Parties shall work together to (i) determine whether an Epidemic Failure condition actually exists and (ii) if one does, devise a comprehensive plan for responding to the condition that may include a preventive action plan, a logistics plan, and an allocation of costs. An "Epidemic Failure" shall mean a series of repeating failures or defects resulting in at least a 0.5% failure rate for the same Product or Material during any twelve-month period.

Epidemic Failures. Each Party shall notify the other whenever it believes ----------------- that an Epidemic Failure condition exists and shall provide the other Party with documentation supporting its belief. The Parties shall work together to (i) determine whether an Epidemic Failure condition actually exists and (ii) if one does, devise a comprehensive plan for responding to the condition that may include a preventive action plan, a logistics plan, and an allocation of costs. An "Epidemic Failure" shall mean a series of repeating failures or defects resulting in at least a 0.5% failure rate for the same Product or Material during any twelve-month period.