Common use of Fast Cycle Failure Analysis Clause in Contracts

Fast Cycle Failure Analysis. During the Repair Period (as defined in Section 15.3), Supplier shall perform a Fast Cycle Failure Analysis ("FCFA") at no cost to Nortel on Repair Products which have caused any service interruption in the field or as may otherwise be reasonably requested by Nortel. Nortel will request a separate RMA number for each Product returned for a FCFA. A FCFA shall be performed by Supplier in accordance with the following additional requirements: (a) FCFA shall include a detailed root cause analysis, using engineering tools such as Environment Stress Screening ("ESS") and any other tools which may be required to determine the cause of the failure. (b) Supplier shall track the defective Repair Product by its unique serial number throughout the repair process. (c) Supplier shall return, after having repaired and updated the defective Repair Product at a minimum to its release vintage, the exact same Repair Product having the same serial number. If the serial number has to change for any reason, Supplier shall, on the "repair tag" originally provided by Nortel, document the following information: old serial number, new serial number and reason(s) for change. This information will also be documented in the FCFA report. The Repair Product shall not be "upgraded" to other than the actual unit release vintage until root cause analysis is completed and the Repair Product successfully passes the complete test cycle. The Repair Product shall not be repaired without completion of the FCFA activity. (d) Supplier shall return the repaired Repair Product (i) with a written report documenting all findings as a result of the FCFA (ii) an invoice for the repair services in accordance with the then-current prices for such services, unless the Repair Product is still under warranty or if the defect was caused by an Epidemic Failure within the period specified in Section 5.5 of this Agreement. (e) Supplier shall endeavor to complete the FCFA process within [**] ([**]) calendar days of having received the defective Repair Product at the Repair Location, but in no event will the FCFA process exceed [**] ([**]) calendar days except with respect to die problems and other problems reasonably requiring extensive analysis. In the case of a die problem or other problem reasonably requiring extensive analysis, the Parties acknowledge that the FCFA process may not be completed within [**] ([**]) calendar days, however, Supplier will complete the FCFA process as expeditiously as possible. Nortel shall provide all available technical information to allow Supplier to understand the circumstances and environmental conditions that led to the failure of the Repair Product. (f) Supplier shall inform Nortel of the return Repair Product shipping information as soon as it is available. The shipping information will include date shipped, carrier, waybill number and any other information that will help Nortel expedite the return of the Repair Product. (g) In the event that the results of the FCFA indicate deficiencies with the Repair Product caused by Supplier, then Supplier will modify all deficient Products during the Product Warranty Period and for four years thereafter, in the case of Epidemic Failure, to eliminate such FCFA indicated deficiencies. Such modifications will be implemented in accordance with Section 5.

Fast Cycle Failure Analysis. During the Repair Period (as defined in Section 15.3), Supplier 14.6.1 Seller shall perform a Fast Cycle Failure Analysis ("FCFA") at no cost to Nortel on Repair Products which have caused any service interruption in the field or as may otherwise be reasonably requested by Nortel. Nortel will request a separate RMA number for each Product returned for a an FCFA. A An FCFA shall be performed by Supplier Seller in accordance with the following additional requirements: (a) FCFA shall include a detailed root cause analysis, using engineering tools such as Environment Stress Screening ("ESS") and any other tools which may be required to determine the cause of the failure. (b) Supplier Seller shall track the any defective Repair Product by its unique serial number throughout the repair process. (c) Supplier Seller shall return, after having repaired and updated the defective Repair Product at a Products to the minimum to its release vintagefield baseline, the exact same Repair Product Products having the same serial number. If the serial number has to change for any reason, Supplier Seller shall, on the "`repair tag" ' originally provided by Nortel, document the following information: old serial number, new serial number and reason(s) for change. This information will also be documented in the FCFA report. The Repair Product Products shall not be "upgraded" to other than the actual unit release vintage until root cause analysis is completed and the Repair Product Products successfully passes pass the complete test cycle. The Repair Product Products shall not be repaired without completion of the FCFA activity. (d) Supplier Seller shall return the repaired Repair Product (i) Products with a written report documenting all findings as a result of the FCFA (ii) an invoice for the repair services in accordance with the then-current prices for such services, unless the Repair Product is still under warranty or if the defect was caused by an Epidemic Failure within the period specified in Section 5.5 of this AgreementFCFA. (e) Supplier Seller shall endeavor to complete the FCFA process within [**] ([**]) calendar days of having received the defective Repair Product Products at the Repair Locationits Richardson, but in no event will the FCFA process exceed [**] ([**]) calendar days except with respect to die problems and other problems reasonably requiring extensive analysis. In the case of a die problem or other problem reasonably requiring extensive analysis, the Parties acknowledge that the FCFA process may not be completed within [**] ([**]) calendar days, however, Supplier will complete the FCFA process as expeditiously as possibleTexas plant. Nortel shall provide all available technical information to allow Supplier Seller to understand the circumstances and environmental conditions that led to the failure of the Repair ProductProducts. (f) Supplier Seller shall inform Nortel of the return Repair Product shipping information as soon as it is available. The shipping information will include include, date shipped, carrier, waybill number and any other information that will help Nortel expedite the return of the Repair ProductProducts. * Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. (g) In the event that the results of the FCFA indicate deficiencies with the Repair Product caused by SupplierHardware or Software, then Supplier Seller will modify all deficient the Products during the Product Warranty Period and for four years thereafter, in the case of Epidemic Failure, to eliminate such FCFA indicated deficiencies. Such modifications will be implemented in accordance with Section 55 (Product and Process Changes).

Fast Cycle Failure Analysis. During the Repair Period (as defined in Section 15.3), 15.7.1 Supplier shall perform a Fast Cycle Failure Analysis ("FCFA") at no cost to Nortel Networks on Repair Products which have caused any service interruption in the field or as may otherwise be reasonably requested by NortelNortel Networks. Nortel Networks will request a separate RMA number for each Product returned for a FCFA. A FCFA shall be performed by Supplier in accordance with the following additional requirements: (a) FCFA shall include a detailed root cause analysis, using engineering tools such as Environment Stress Screening ("ESS") and any other tools which may be required to determine the cause of the failure. (b) Supplier shall track the any defective Repair Product by its unique serial number throughout the repair process. (c) Supplier shall return, after having repaired and updated the defective Repair Product at a Products to the minimum to its release vintagefield baseline, the exact same Repair Product Products having the same serial number. If the serial number has to change for any reason, Supplier shall, on the "`repair tag" ' originally provided by NortelNortel Networks, document the following information: old serial number, new serial number and reason(s) for change. This information will also be documented in the FCFA report. The Repair Product Products shall not be "upgraded" to other than the actual unit release vintage until root cause analysis is completed and the Repair Product Products successfully passes pass the complete test cycle. The Repair Product Products shall not be repaired without completion of the FCFA activity. * CERTAIN CONFIDENTIAL INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. (d) Supplier shall return the repaired Repair Product (i) Products with a written report documenting all findings as a result of the FCFA (ii) an invoice for the repair services in accordance with the then-current prices for such services, unless the Repair Product is still under warranty or if the defect was caused by an Epidemic Failure within the period specified in Section 5.5 of this AgreementFCFA. (e) Supplier shall endeavor to complete the FCFA process within [**] ([**]) calendar days of having received the defective Repair Product at the Repair Location, but in no event will the FCFA process exceed [**] ([**]) calendar days except with respect to die problems and other problems reasonably requiring extensive analysis. In the case of a die problem or other problem reasonably requiring extensive analysis, the Parties acknowledge that the FCFA process may not be completed within [**] ([**]) calendar days, however, Supplier will complete the FCFA process as expeditiously as possibleProducts. Nortel Networks shall provide all available technical information to allow Supplier to understand the circumstances and environmental conditions that led to the failure of the Repair ProductProducts. (f) Supplier shall inform Nortel Networks of the return Repair Product shipping information as soon as it is available. The shipping information will include include, date shipped, carrier, waybill number and any other information that will help Nortel Networks expedite the return of the Repair ProductProducts. (g) In the event that the results of the FCFA indicate deficiencies with the Repair Product caused by SupplierHardware or Software, then Supplier will modify all deficient the Products during the Product Warranty Period and for four years thereafter, in the case of Epidemic Failure, to eliminate such FCFA indicated deficiencies. Such modifications will be implemented in accordance with Section 55 (Product and Process Changes).

Fast Cycle Failure Analysis. During the Repair Period (as defined in Section 15.3), Supplier 14.6.1 Seller shall perform a Fast Cycle Failure Analysis ("FCFA") at no cost to Nortel on Repair Products which have caused any service interruption in the field or as may otherwise be reasonably requested by Nortel. Nortel will request a separate RMA number for each Product returned for a an FCFA. A An FCFA shall be performed by Supplier Seller in accordance with the following additional requirements: (a) FCFA shall include a detailed root cause analysis, using engineering tools such as Environment Stress Screening ("ESS") and any other tools which may be required to determine the cause of the failure. (b) Supplier Seller shall track the any defective Repair Product by its unique serial number throughout the repair process. (c) Supplier Seller shall return, after having repaired and updated the defective Repair Product at a Products to the minimum to its release vintagefield baseline, the exact same Repair Product Products having the same serial number. If the serial number has to change for any reason, Supplier Seller shall, on the "`repair tag" ' originally provided by Nortel, document the following information: old serial number, new serial number and reason(s) for change. This information will also be documented in the FCFA report. The Repair Product Products shall not be "upgraded" to other than the actual unit release vintage until root cause analysis is completed and the Repair Product Products successfully passes pass the complete test cycle. The Repair Product Products shall not be repaired without completion of the FCFA activity. (d) Supplier Seller shall return the repaired Repair Product (i) Products with a written report documenting all findings as a result of the FCFA (ii) an invoice for the repair services in accordance with the then-current prices for such services, unless the Repair Product is still under warranty or if the defect was caused by an Epidemic Failure within the period specified in Section 5.5 of this AgreementFCFA. (e) Supplier Seller shall endeavor to complete the FCFA process within [**] ([**]) calendar days days* of having received the defective Repair Product Products at the Repair Locationits Richardson, but in no event will the FCFA process exceed [**] ([**]) calendar days except with respect to die problems and other problems reasonably requiring extensive analysis. In the case of a die problem or other problem reasonably requiring extensive analysis, the Parties acknowledge that the FCFA process may not be completed within [**] ([**]) calendar days, however, Supplier will complete the FCFA process as expeditiously as possibleTexas plant. Nortel shall provide all available technical information to allow Supplier Seller to understand the circumstances and environmental conditions that led to the failure of the Repair ProductProducts. (f) Supplier Seller shall inform Nortel of the return Repair Product shipping information as soon as it is available. The shipping information will include include, date shipped, carrier, waybill number and any other information that will help Nortel expedite the return of the Repair ProductProducts. * Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. (g) In the event that the results of the FCFA indicate deficiencies with the Repair Product caused by SupplierHardware or Software, then Supplier Seller will modify all deficient the Products during the Product Warranty Period and for four years thereafter, in the case of Epidemic Failure, to eliminate such FCFA indicated deficiencies. Such modifications will be implemented in accordance with Section 55 (Product and Process Changes).

Fast Cycle Failure Analysis. During the Repair Period (as defined in Section 15.3), Supplier 15.7.1 Avanex shall perform a Fast Cycle Failure Analysis ("FCFA") ), at no cost during the Product Warranty Period and upon mutually agreeable terms outside the Product Warranty Period, to Nortel Networks on Repair Products which have caused any service interruption in the field or as may otherwise be reasonably requested by NortelNortel Networks. Nortel Networks will request a separate RMA number for each Product returned for a FCFA. A FCFA shall be performed by Supplier Avanex in accordance with the following additional requirements: (a) FCFA shall include a detailed root cause analysis, using engineering tools such as Environment Stress Screening ("ESS") and any other tools which may be required to determine the cause of the failure. (b) Supplier Avanex shall track the any defective Repair Product by its unique serial number throughout the repair process. (c) Supplier Avanex shall return, after having repaired and updated the defective Repair Product at a Products to the minimum to its release vintagefield baseline, the exact same Repair Product Products having the same serial number. If the serial number has to change for any reason, Supplier Avanex shall, on the "`repair tag" ' originally provided by NortelNortel Networks, document the following information: old serial number, new serial number and reason(s) for change. This information will also be documented in the FCFA report. The Repair Product Products shall not be "upgraded" to other than the actual unit release vintage until root cause analysis is completed and the Repair Product Products successfully passes pass the complete test cycle. The Repair Product Products shall not be repaired without completion of the FCFA activity. (d) Supplier Avanex shall return the repaired Repair Product (i) Products with a written report documenting all findings as a result of the FCFA (ii) an invoice for the repair services in accordance with the then-current prices for such services, unless the Repair Product is still under warranty or if the defect was caused by an Epidemic Failure within the period specified in Section 5.5 of this Agreement. (FCFA. e) Supplier Avanex shall endeavor to complete the FCFA process within [**] ten ([**]10) calendar days Business Days of having received the defective Products at its FCA Repair Product at the Repair Location, but Location mentioned in no event will the FCFA process exceed [**] ([**]) calendar days except with respect to die problems and other problems reasonably requiring extensive analysis. In the case of a die problem or other problem reasonably requiring extensive analysis, the Parties acknowledge that the FCFA process may not be completed within [**] ([**]) calendar days, however, Supplier will complete the FCFA process as expeditiously as possibleExhibit D herein. Nortel Networks shall provide all available technical information to allow Supplier Avanex to understand the circumstances and environmental conditions that led to the failure of the Repair Product. (Products. f) Supplier Avanex shall inform Nortel Networks of the return Repair Product shipping information as soon as it is available. The shipping information will include include, date shipped, carrier, waybill number and any other information that will help Nortel Networks expedite the return of the Repair ProductProducts. (g) In the event that the results of the FCFA indicate deficiencies with the Repair Product caused by Supplier, then Supplier will modify all deficient Products during the Product Warranty Period and for four years thereafter, in the case of Epidemic Failure, to eliminate such FCFA indicated deficiencies. Such modifications will be implemented in accordance with Section 5.