Common use of Repair Services Clause in Contracts

Repair Services. 14.1 This Section 14 shall be applicable to the providing of Repair Services by Supplier during and after the Product Warranty Period with respect to Repair Products. 14.2 To order Repair Services after expiry of the applicable Product Warranty Period, Nortel shall issue a Purchase Order and such Purchase Order shall contain the description of the requested Repair Services as set forth in Section 13 above. 14.3 Repair Services shall be provided by Supplier at no charge to Nortel during the Product Warranty Period. For Repair Services for Repair Products not covered by warranty, the repair fees will be equal to Supplier's then standard fees for such or similar services. 14.4 Spares 14.4.1 At Supplier's factory or at a location agreed upon by the parties, Supplier will store the Repair Services Pool. The quantity of spares will be agreed on in writing by the parties, based on the (a) volume of Products delivered, (b) the applicable mean time between failure rates, and (c) Nortel's desire to provide its customers with immediate Product replacement. Supplier will not use the Repair Services Pool for retrofits or upgrades. The parties may agree in writing to change the quantity of spares, based on changes in the installed base of Products. 14.4.2 At all times Supplier will maintain the agreed quantity of spares in the Repair Services Pool. However, Supplier will be responsible to ensure that the Repair Services Pool will be sufficient to provide Nortel with FRU replacement Product within [**] ([**]) Business Days of (as applicable) (a) Nortel' request for a replacement, (b) Supplier's failure to repair by the end of the Repair Period, or (c) the parties' agreeing that the Product is uneconomical to repair ("UTR"). 14.4.3 The Repair Services Pool may consist of stock of new FRU's or previously used FRU's, refurbished to conform to the Specifications. Spares added to the Repair Services Pool will (a) be functionally equal or better than the inventory being replenished, (b) be backward compatible, and (c) meet the minimum field baseline. Supplier may provide new Products as spares. 14.5 Information about the status of Repair Products being repaired will be included in the Monthly Report described in Exhibit D of the Agreement.

Repair Services. 14.1 Repair Services shall be available to Nortel in accordance with the provisions contained in this Section 14 and in Section 13 (Repair Procedures). 14.2 This Section 14 shall be applicable to the providing of Repair Services by Supplier Seller during and after the Product Warranty Period with respect to Repair ProductsPeriod. 14.2 14.3 To order Repair Services after expiry of the applicable Product Warranty Period, Nortel shall issue a Purchase Order and such Purchase Order shall contain the description of the requested Repair Services. 14.4 Repair Services as set forth for defects resulting from the breach of the warranty contained in Section 13 above. 14.3 Repair Services 12 (Warranty) above shall be provided by Supplier Seller at no charge to Nortel during the Product Warranty Period. For After expiry of the Product Warranty Period, Repair Services for shall be at prices set forth in Exhibit D (Repair Products not Services and Technical Assistance Rates) unless otherwise set forth in this Section 14 or unless covered by warranty, the repair fees will be equal to Supplier's then standard fees for such or similar services. 14.4 Spares 14.4.1 At Supplier's factory or at a location agreed upon by the parties, Supplier will store the Repair Services Pool. The quantity of spares will be agreed on in writing by the parties, based on the Section 5 (a) volume of Products delivered, (b) the applicable mean time between failure rates, Product and (c) Nortel's desire to provide its customers with immediate Product replacement. Supplier will not use the Repair Services Pool for retrofits or upgrades. The parties may agree in writing to change the quantity of spares, based on changes in the installed base of Products. 14.4.2 At all times Supplier will maintain the agreed quantity of spares in the Repair Services Pool. However, Supplier will be responsible to ensure that the Repair Services Pool will be sufficient to provide Nortel with FRU replacement Product within [**] ([**]) Business Days of (as applicable) (a) Nortel' request for a replacement, (b) Supplier's failure to repair by the end of the Repair Period, or (c) the parties' agreeing that the Product is uneconomical to repair ("UTR"Process Changes). 14.4.3 The 14.5 Same-for-Same Repair Services Pool may consist of stock of new FRU's or previously used FRU's, refurbished to conform ----------------------------- The following procedures will apply: * 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 Specifications. Spares added omitted portions. a) Products returned to the Seller for Repair Services Pool will (a) shall be functionally equal or better than the inventory being replenished, (shipped by Nortel freight and insurance prepaid. b) be backward compatible, and (Seller shall track any defective Product by its unique serial number throughout the repair process. c) meet Seller shall return, after having repaired and updated the Products to the minimum field baseline, the exact same Products having the same serial number. Supplier may provide 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 Products as sparesserial number and reason(s) for change. 14.5 Information about d) Seller shall return any repaired Products with the status `repair tag' or other mutually agreed to repair tag that was originally provided by Nortel with the defective Products. Seller shall provide all post- repair information as required on the `repair tag'. e) Seller shall complete the Same-for-Same process within [*] of Repair Products being repaired will be included in having received the Monthly Report described in Exhibit D of the Agreementdefective Product.

Repair Services. 14.1 Repair Services shall be available to Nortel in accordance with the provisions contained in this Section 14 and in Section 13 (Repair Procedures). 14.2 This Section 14 shall be applicable to the providing of Repair Services by Supplier Seller during and after the Product Warranty Period with respect to Repair ProductsPeriod. 14.2 14.3 To order Repair Services after expiry of the applicable Product Warranty Period, Nortel shall issue a Purchase Order and such Purchase Order shall contain the description of the requested Repair Services. 14.4 Repair Services as set forth for defects resulting from the breach of the warranty contained in Section 13 above. 14.3 Repair Services 12 (Warranty) above shall be provided by Supplier Seller at no charge to Nortel during the Product Warranty Period. For After expiry of the Product Warranty Period, Repair Services for shall be at prices set forth in Exhibit D (Repair Products not Services and Technical Assistance Rates) unless otherwise set forth in this Section 14 or unless covered by warranty, the repair fees will be equal to Supplier's then standard fees for such or similar services. 14.4 Spares 14.4.1 At Supplier's factory or at a location agreed upon by the parties, Supplier will store the Repair Services Pool. The quantity of spares will be agreed on in writing by the parties, based on the Section 5 (a) volume of Products delivered, (b) the applicable mean time between failure rates, Product and (c) Nortel's desire to provide its customers with immediate Product replacement. Supplier will not use the Repair Services Pool for retrofits or upgrades. The parties may agree in writing to change the quantity of spares, based on changes in the installed base of Products. 14.4.2 At all times Supplier will maintain the agreed quantity of spares in the Repair Services Pool. However, Supplier will be responsible to ensure that the Repair Services Pool will be sufficient to provide Nortel with FRU replacement Product within [**] ([**]) Business Days of (as applicable) (a) Nortel' request for a replacement, (b) Supplier's failure to repair by the end of the Repair Period, or (c) the parties' agreeing that the Product is uneconomical to repair ("UTR"Process Changes). 14.4.3 The 14.5 Same-for-Same Repair Services Pool may consist of stock of new FRU's or previously used FRU's, refurbished ----------------------------- The following procedures will apply: a) Products returned to conform to the Specifications. Spares added to the Seller for Repair Services Pool will (a) shall be functionally equal or better than the inventory being replenished, (shipped by Nortel freight and insurance prepaid. b) be backward compatible, and (Seller shall track any defective Product by its unique serial number throughout the repair process. c) meet Seller shall return, after having repaired and updated the Products to the minimum field baseline, the exact same Products having the same serial number. Supplier may provide 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 Products as sparesserial number and reason(s) for change. 14.5 Information about d) Seller shall return any repaired Products with the status `repair tag' or other mutually agreed to repair tag that was originally provided by Nortel with the defective Products. Seller shall provide all post- repair information as required on the 'repair tag'. e) Seller shall complete the Same-for-Same process within [*] calendar days* of Repair Products being repaired will be included in having received the Monthly Report described in Exhibit D of the Agreementdefective Product.

Repair Services. 14.1 15.1 Repair Services shall be available to Nortel Networks in accordance with the provisions contained in this Section 15 and in Section 14 (Repair Procedures). 15.2 This Section 14 15 shall be applicable to the providing of Repair Services by Supplier during and after the Product Warranty Period with respect to Repair ProductsPeriod. 14.2 15.3 To order Repair Services after expiry of the applicable Product Warranty Period, Nortel Networks shall issue a Purchase Order and such Purchase Order shall contain the description of the requested Repair Services as set forth in Section 13 aboveServices. 14.3 15.4 Repair Services shall be provided by Supplier at no charge to Nortel Networks during the Product Warranty Period. For After expiry of the Product Warranty Period, Repair Services for shall be at prices set forth in Exhibit D (Repair Products not Services and Technical Assistance Rates) unless otherwise set forth in this Section 15 or unless covered by warranty, the repair fees will be equal to Supplier's then standard fees for such or similar servicesSection 5 (Product and Process Changes). 14.4 Spares15.5 LIKE-FOR-LIKE REPAIR SERVICES 14.4.1 At Supplier's factory or 15.5.1 Supplier shall hold at its expense a location agreed upon by the parties, Supplier will store the Repair Services Pool. The quantity of spares will at the module level ("SPARE BUFFER"), such quantity to be determined and agreed on in writing to by the parties, based Parties on the (a) basis of the volume of Products delivered, (b) delivered hereunder and the applicable mean time between failure Mean Time Between Failure ("MTBF") rates. In any event, and (c) Nortel's desire the Spare Buffer to provide be held by Supplier shall be sufficient to enable immediate replacement of Products by Nortel Networks to its customers with immediate in all cases of failure which do not fall in the category of a retrofit. Supplier's obligations under this Section 15.5.1 do not cover spares which may be required by Nortel Networks for Product replacement. Supplier will not use the Repair Services Pool for retrofits or upgrades. The parties may agree in writing to change the quantity of spares, based on changes in the installed base of Products. 14.4.2 At all times Supplier 15.5.2 Nortel Networks will maintain at its option provide customers with one of the agreed quantity following replacement services: i) replacement of spares Products from the Spare Buffer after the receipt of defective Products; or ii) in exceptional cases, replacement of the Repair Services Pool. However, Supplier will be responsible to ensure that Products from the Repair Services Pool will be sufficient to provide Nortel with FRU Spare Buffer on a "Phone-in" advance replacement Product basis within [**] ([*]) business [*]. The defective Products are generally returned to Nortel Networks by end-user customers within sixty (60) Business Days of (as applicable) (a) Nortel' request calendar days. Supplier may invoice Nortel Networks at the Prices set forth in Exhibit A for a replacement, (b) Supplier's failure Products not returned to repair by Supplier within such period Supplier will maintain sufficient Products in the end of Spare Buffer to accommodate both replacement services. Supplier will immediately replenish the Repair Period, or (c) the parties' agreeing Spare Buffer with Product replacements that the Product is uneconomical to repair ("UTR"). 14.4.3 The Repair Services Pool may consist of stock of new FRU's or previously used FRU's, refurbished to conform to the Specifications. Spares added to the Repair Services Pool will (a) be are functionally equal or better than the inventory being replenishedvintage of the replaced Products, (b) be are backward compatible, compatible and (c) meet the minimum field baseline, or with new Products, at Supplier's option. In cases of "catastrophic" failure, Supplier shall divert manufacturing output for replacement of faulty modules. Supplier may provide must use its best efforts not to affect the delivery schedule of new Products as sparesbut should delays in delivery occur, they shall not constitute a breach of this Agreement. 14.5 Information about 15.5.3 Products returned to Supplier for Repair Services shall be shipped by Nortel Networks freight and insurance prepaid 15.5.4 Supplier shall track any defective Product by its unique serial number throughout the status of Repair Products being repaired will be included in the Monthly Report described repair process and provide a failure analysis report as set forth in Exhibit D F. 15.6 SAME-FOR-SAME REPAIR SERVICES The following procedures will apply: a) Products returned to Supplier for Repair Services shall be shipped by Nortel Networks freight and insurance prepaid. b) Supplier shall track any defective Product by its unique serial number throughout the repair process. c) 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, Supplier shall, on the `repair tag' originally provided by Nortel Networks, document the following information: old serial number, new serial number and reason(s) for change. d) Supplier shall return any repaired Products with the `repair tag' that was originally provided by Nortel Networks with the defective Products. Supplier shall provide all post-repair information as required on the `repair tag'. e) Supplier shall complete the Same-for-Same process within [*] ([*]) calendar days of having received the Agreementdefective Product.