Common use of Quality Control and Reliability Requirements Clause in Contracts

Quality Control and Reliability Requirements. 6.2.1 The Nortel quality and reliability target metrics shall be set out in the Specifications, such metrics to include, without limitation, Mean Time Between Failure ("MTBF"), Return Rate ("RR") and Seller Product Quality Level ("SPQL"). In the event Nortel proposes any changes or additions to such quality and reliability target metrics, Seller shall not unreasonably refuse to agree or delay compliance with such changes. 6.2.2 Products furnished hereunder by Seller shall be tested and inspected by Seller prior to shipment in accordance with testing and inspection procedures contained in the Specifications. Seller agrees to perform the quality control functions set forth in the Specifications. Detailed inspection records are to be maintained by Seller and made available to Nortel upon request. 6.2.3 Seller shall provide Nortel with a monthly report covering the items shown in Exhibit F and any other items reasonably required by Nortel in a format acceptable to Nortel. 6.2.4 Seller shall within [*] of becoming aware of such event, report to Nortel by Technical Bulletin any potential, suspected or actual (i) defect in design and/or manufacturing of the Products, (ii) malfunction of the Products or of products similar to the Products, (iii) failure of the Products to conform to the Specifications or (iv) uses of the Products in combination with other product(s) or services which cause or have the potential of causing disruption in the services provided by end-users using 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.

Quality Control and Reliability Requirements. 6.2.1 The All Products delivered by Avanex to Nortel Networks shall comply with the Specifications including Nortel Networks' quality and reliability target metrics shall be set out in the Specificationstherein, such metrics to include, without limitation, Mean Time Between Failure ("MTBF"), Return Rate ("RR") and Seller Supplier Product Quality Level ("SPQL"). In the event Nortel Networks proposes any changes or additions to such quality and reliability target metrics, Seller Avanex shall not unreasonably refuse to agree or delay compliance with such changes. 6.2.2 Products furnished hereunder by Seller Avanex shall be tested and inspected by Seller Avanex prior to shipment in accordance with testing and inspection procedures contained in the Specificationsas approved by Nortel Networks. Seller Avanex agrees to perform the all quality control functions to ensure compliance of the Products with the Specifications and conformance with good commercial practice. Avanex warrants that all Products furnished hereunder shall meet all criteria set forth in the Specifications. Detailed inspection records are to be maintained by Seller Avanex and made available to Nortel Networks upon reasonable request. 6.2.3 Seller Avanex shall provide Nortel Networks with a monthly report covering the items shown in Exhibit F and any other items reasonably required by Nortel Networks in a format acceptable to NortelNortel Networks. 6.2.4 Seller shall Avanex shall, within [*] seven (7) Business Days of becoming aware of any such event, report to Nortel Networks by Technical Bulletin technical bulletin or report any potential, suspected or actual (i) defect in design and/or manufacturing of the Products, (ii) malfunction of the Products or of products similar to the Products, (iii) failure of the Products to conform to the Specifications or (iv) uses of the Products in combination with other product(s) or services which cause or have the potential of causing disruption in the services provided by end-users using 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.

Quality Control and Reliability Requirements. 6.2.1 The Nortel quality and reliability target metrics shall be set out in the Specifications, such metrics to include, without limitation, Mean Time Between Failure ("MTBF"), Return Rate ("RR") and Seller Product Quality Level ("SPQL"). In the event Nortel proposes any changes or additions to such quality and reliability target metrics, Seller shall not unreasonably refuse to agree or delay compliance with such changes. 6.2.2 Products furnished hereunder by Seller shall be tested and inspected by Seller prior to shipment in accordance with testing and inspection procedures contained in the Specifications. Seller agrees to perform the quality control functions set forth in the Specifications. Detailed inspection records are to be maintained by Seller and made available to Nortel upon request. 6.2.3 Seller shall provide Nortel with a monthly report covering the items shown in Exhibit F and any other items reasonably required by Nortel in a format acceptable to Nortel. 6.2.4 Seller shall within [*] seven (7) calendar days* of becoming aware of such event, report to Nortel by Technical Bulletin any potential, suspected or actual (i) defect in design and/or manufacturing of the Products, (ii) malfunction of the Products or of products similar to the Products, (iii) failure of the Products to conform to the Specifications or (iv) uses of the Products in combination with other product(s) or services which cause or have the potential of causing disruption in the services provided by end-users using 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.