Manufacturability of McDATA Design. 4.2.1 New Products. McDATA shall provide its Specification(s) and may provide McDATA Process Documentation to SUPPLIER for new Products. SUPPLIER shall provide to McDATA a New Product Project Plan (Section 10.3) including feedback associated with materials and manufacturing,and suggested improvements to McDATA in writing as to the Manufacturability of such design(s). Upon McDATA’s review of such New Product Project Plan submitted by SUPPLIER, and upon mutual agreement and written authorization by McDATA, SUPPLIER shall commence production of the new Product. In the event McDATA instructs SUPPLIER to commence production prior to mutual agreement of such New Product Project Plan, such commencement does not indicate SUPPLIER’s agreement as to the Manufacturability of such New Product design. If SUPPLIER commences production prior to mutual agreement and/or McDATA’s specific instructions to commence production, and McDATA rejects the finished Product when delivered to McDATA, then SUPPLIER shall bear the production costs associated with that production run. McDATA’s failure to reject such Product shall not invalidate SUPPLIER’s warranty obligations hereunder.
Manufacturability of McDATA Design. McDATA shall provide its Specification(s) and may provide McDATA Process Documentation to Sanmina-SCI for new Products. Sanmina-SCI shall provide to McDATA a New Product Project Plan (Section 24.3) including without limitation feedback, risk assessment, and suggested improvements to McDATA in writing as to the Manufacturability of such design(s). Upon McDATA’s review of such New Product Project Plan submitted by Sanmina-SCI, and upon mutual agreement and written authorization from McDATA, Sanmina-SCI shall commence production of the new Product. In the event McDATA instructs Sanmina-SCI to commence production prior to mutual agreement of such New Product Project Plan, such commencement does not indicate Sanmina-SCI’s agreement as to the Manufacturability of such New Product design. If Sanmina-SCI commences production prior to mutual agreement without McDATA’s specific instructions to commence production, then such production indicates Sanmina-SCI’s acceptance of responsibility for production using such design.
Manufacturability of McDATA Design
