Common use of Fast Cycle Failure Analysis Clause in Contracts

Fast Cycle Failure Analysis. 14.6.1 Seller shall perform a Fast Cycle Failure Analysis ("FCFA") at no cost to Nortel on 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 an FCFA. An FCFA shall be performed by 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) Seller shall track any defective Product by its unique serial number throughout the repair process. c) Seller shall return, after having repaired and updated the Products to the minimum field baseline, the exact same Products having the same serial number. If the serial number has to change for any reason, 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 Products shall not be "upgraded" to other than the actual unit release vintage until root cause analysis is completed and the Products successfully pass the complete test cycle. The Products shall not be repaired without completion of the FCFA activity. d) Seller shall return the repaired Products with a written report documenting all findings as a result of the FCFA. e) Seller shall complete the FCFA process within [*] of having received the defective Products at its Richardson, Texas plant. Nortel shall provide all available technical information to allow Seller to understand the circumstances and environmental conditions that led to the failure of the Products. f) Seller shall inform Nortel of the return 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 Products. * 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 Product Hardware or Software, then Seller will modify the Products to eliminate such deficiencies. Such modifications will be implemented in accordance with Section 5 (Product and Process Changes).

Fast Cycle Failure Analysis. 14.6.1 Seller 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 an a FCFA. An A FCFA shall be performed by Seller 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) Seller Supplier shall track any the defective Repair Product by its unique serial number throughout the repair process. (c) Seller Supplier shall return, after having repaired and updated the Products defective Repair Product at a minimum to the minimum field baselineits release vintage, the exact same Products Repair Product having the same serial number. If the serial number has to change for any reason, Seller 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 Products Repair Product shall not be "upgraded" to other than the actual unit release vintage until root cause analysis is completed and the Products Repair Product successfully pass passes the complete test cycle. The Products Repair Product shall not be repaired without completion of the FCFA activity. (d) Seller Supplier shall return the repaired Products Repair Product (i) with a written report documenting all findings as a result of the FCFAFCFA (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) Seller Supplier shall endeavor to complete the FCFA process within [**] ([**]) calendar days of having received the defective Products Repair Product at its Richardsonthe Repair Location, Texas plantbut 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 Seller Supplier to understand the circumstances and environmental conditions that led to the failure of the ProductsRepair Product. (f) Seller Supplier 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 Products. * 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 portionsRepair Product. (g) In the event that the results of the FCFA indicate deficiencies with the Repair Product Hardware or Softwarecaused by Supplier, then Seller Supplier will modify all deficient Products during the Products 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 (Product and Process Changes)5.

Fast Cycle Failure Analysis. 14.6.1 Seller shall perform a Fast Cycle Failure Analysis ("FCFA") at no cost to Nortel on 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 an FCFA. An FCFA shall be performed by 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) Seller shall track any defective Product by its unique serial number throughout the repair process. c) Seller shall return, after having repaired and updated the Products to the minimum field baseline, the exact same Products having the same serial number. If the serial number has to change for any reason, 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 Products shall not be "upgraded" to other than the actual unit release vintage until root cause analysis is completed and the Products successfully pass the complete test cycle. The Products shall not be repaired without completion of the FCFA activity. d) Seller shall return the repaired Products with a written report documenting all findings as a result of the FCFA. e) Seller shall complete the FCFA process within [*] calendar days* of having received the defective Products at its Richardson, Texas plant. Nortel shall provide all available technical information to allow Seller to understand the circumstances and environmental conditions that led to the failure of the Products. f) Seller shall inform Nortel of the return 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 Products. * 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 Product Hardware or Software, then Seller will modify the Products to eliminate such deficiencies. Such modifications will be implemented in accordance with Section 5 (Product and Process Changes).

Fast Cycle Failure Analysis. 14.6.1 Seller 15.7.1 Supplier shall perform a Fast Cycle Failure Analysis ("FCFA") at no cost to Nortel Networks on 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 an a FCFA. An A FCFA shall be performed by Seller 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) Seller Supplier shall track any defective Product by its unique serial number throughout the repair process. c) Seller Supplier shall return, after having repaired and updated the Products to the minimum field baseline, the exact same Products having the same serial number. If the serial number has to change for any reason, Seller 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 Products shall not be "upgraded" to other than the actual unit release vintage until root cause analysis is completed and the Products successfully pass the complete test cycle. The 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) Seller Supplier shall return the repaired Products with a written report documenting all findings as a result of the FCFA. e) Seller Supplier shall complete the FCFA process within [*] ([*]) calendar days of having received the defective Products at its Richardson, Texas plantProducts. Nortel Networks shall provide all available technical information to allow Seller Supplier to understand the circumstances and environmental conditions that led to the failure of the Products. f) Seller Supplier shall inform Nortel Networks of the return 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 Networks expedite the return of the Products. * 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 Product Hardware or Software, then Seller Supplier will modify the Products to eliminate such deficiencies. Such modifications will be implemented in accordance with Section 5 (Product and Process Changes).

Fast Cycle Failure Analysis. 14.6.1 Seller 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 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 an a FCFA. An A FCFA shall be performed by Seller 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) Seller Avanex shall track any defective Product by its unique serial number throughout the repair process. c) Seller Avanex shall return, after having repaired and updated the Products to the minimum field baseline, the exact same Products having the same serial number. If the serial number has to change for any reason, Seller 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 Products shall not be "upgraded" to other than the actual unit release vintage until root cause analysis is completed and the Products successfully pass the complete test cycle. The Products shall not be repaired without completion of the FCFA activity. d) Seller Avanex shall return the repaired Products with a written report documenting all findings as a result of the FCFA. . e) Seller Avanex shall complete the FCFA process within [*] ten (10) Business Days of having received the defective Products at its Richardson, Texas plantFCA Repair Location mentioned in Exhibit D herein. Nortel Networks shall provide all available technical information to allow Seller Avanex to understand the circumstances and environmental conditions that led to the failure of the Products. . f) Seller Avanex shall inform Nortel Networks of the return 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 Networks expedite the return of the Products. * 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 Product Hardware or Software, then Seller will modify the Products to eliminate such deficiencies. Such modifications will be implemented in accordance with Section 5 (Product and Process Changes).