Common use of REPAIRS NOT COVERED UNDER WARRANTY Clause in Contracts

REPAIRS NOT COVERED UNDER WARRANTY. In addition to repairs provided for in the "WARRANTY" section Supplier shall provide repair service on all MATERIAL ordered under this Agreement during the term of this Agreement and until * * * after the expiration of this Agreement. MATERIAL to be repaired under this section will be returned to a location designated by Supplier, and unless otherwise agreed upon by Supplier and Company, Supplier shall ship the repaired MATERIAL which meets the Specifications set forth in the "SPECIFICATIONS OR DRAWINGS" section and all other Specifications within ten (10) business days of receipt of the defective or non-conforming MATERIAL. With the concurrence and scheduling of Company, repair may be made by Supplier on site. If MATERIAL is returned to Supplier for repair as provided for in this section and is determined to be beyond repair, Supplier shall so notify Company. If requested by Company, Supplier will sell to Company a replacement at the price set forth in Supplier's then current agreement with Company for said MATERIAL or, if no such agreement exists, at a price agreed upon by Supplier and Company. If the parties fail to agree on a price, the price shall be a reasonably competitive price for such MATERIAL at the time for delivery. Further, if requested by Company, Supplier shall take the necessary steps to dispose of the unrepairable MATERIAL and pay to Company the salvage value, if any. Replacement and repaired MATERIAL shall be warranted as set forth in the "WARRANTY" section. This Agreement does not grant Supplier an exclusive privilege to repair any or all of the MATERIAL purchased under this Agreement for which Company may require repair; and Company may perform the repairs or contract with others for these services. In addition, Supplier authorizes Company and any qualified repairer with whom Company may contract to perform repairs on all MATERIAL purchased under this Agreement. Not withstanding any provision of this Agreement to the contrary, any MATERIAL not repaired by Supplier shall not be covered by any warranty hereunder. 20 Agreement No. SC11990054 Sheet 20 of 28 All transportation costs of and in transit risk of loss and damage to MATERIAL returned to Supplier for repair under this section will be borne by Company and all transportation costs of and in transit risk of loss and damage to such repaired or replacement MATERIAL returned to Company will be borne by Company. Price schedules for repairs under this section are listed in APPENDIX A.

REPAIRS NOT COVERED UNDER WARRANTY. In addition to repairs provided for in the "WARRANTY" section 18 Supplier shall provide repair service on all MATERIAL ordered under this Agreement during the term of this Agreement and until * * * after the expiration of this Agreement. MATERIAL to be repaired under this section will be returned to a location designated by Supplier, and unless otherwise agreed upon by Supplier and Company, Supplier shall ship the repaired MATERIAL which meets the Specifications set forth in the "SPECIFICATIONS OR DRAWINGS" section and all other Specifications within ten (10) 10 business days of receipt of the defective or non-conforming MATERIAL. With the concurrence and scheduling of Company, repair may be made by Supplier on site. If MATERIAL is returned to Supplier for repair as provided for in this section and is determined to be beyond repairrepair as defined in section 18, Supplier shall so notify Company. If requested by Company, Supplier will sell to Company a replacement at the price set forth in Supplier's then current agreement with Company for said MATERIAL or, if no such agreement exists, at a price agreed upon by Supplier and Company. If the parties fail to agree on a price, the price shall be a reasonably competitive price for such MATERIAL at the time for delivery. Further, if requested by Company, Supplier shall take the necessary steps to dispose of the unrepairable MATERIAL and pay to Company the salvage value, if any. Replacement and repaired MATERIAL shall be warranted as set forth in the "WARRANTY" section. This Agreement does not grant Supplier an exclusive privilege to repair any or all of the MATERIAL purchased under this Agreement for which Company may require repair; and Company may perform the repairs or contract with others for these services. In addition, Supplier authorizes Company and any qualified repairer with whom Company may contract to perform repairs on all MATERIAL purchased under this Agreement. Not withstanding any provision of this Agreement to the contrary, any MATERIAL not repaired by Supplier shall not be covered by any warranty hereunder. 20 Agreement No. SC11990054 Sheet 20 of 28 All transportation costs of and in transit risk of loss and damage to MATERIAL returned to Supplier for repair under this section will be borne by Company and all transportation costs of and in transit risk of loss and damage to such repaired or replacement MATERIAL returned to Company will be borne by Company. Price schedules for repairs Repairs performed under this section are listed in APPENDIX A.will be charged on a Time and Materials basis as according to Supplier's then current Time and Material charges.

REPAIRS NOT COVERED UNDER WARRANTY. In addition to repairs provided for in the "WARRANTY" section Section 4.1, Supplier shall provide repair service on all MATERIAL Material ordered under this Agreement during the term for a period of this Agreement and until * * * five (5) years after the expiration discontinuation of this Agreementmanufacture of Material, as set forth in Specifications. MATERIAL Material to be repaired under this section Section will be returned to a location designated by Supplier, and unless otherwise agreed upon by Supplier and Company, Supplier shall ship the repaired MATERIAL Material which meets the Specifications set forth in the "SPECIFICATIONS OR DRAWINGS" section and all other Specifications applicable Product Letters within ten fifteen (1015) business days of receipt of the defective or non-conforming MATERIAL. With the concurrence and scheduling of Company, repair may be made by Supplier on siteat Supplier's location. If MATERIAL Material is returned to Supplier for repair as provided for in this section Section and is determined to be beyond repair, Supplier shall so notify Company. If requested by Company, Supplier will sell to Company a replacement at the price set forth in Supplier's then current agreement with Company for said MATERIAL Material or, if no such agreement exists, at a price agreed upon by Supplier and Company. If the parties Parties fail to agree on a price, the price shall be a reasonably competitive price for such MATERIAL Material at the time for delivery. Further, if requested by Company, Supplier shall take the necessary steps to dispose of the unrepairable MATERIAL Material and pay to Company the salvage value, if any. Replacement and repaired MATERIAL Material shall be warranted as set forth in the "WARRANTY" sectionSection 4.1. This Agreement does not grant Supplier an exclusive privilege to repair any or all of the MATERIAL Material purchased under this Agreement for which Company may require repair; and Company may perform the repairs or contract with others for these services. In addition, Supplier authorizes Company and any qualified repairer with whom Company may contract to perform repairs on all MATERIAL Material purchased under this Agreement. Not withstanding any provision of this Agreement to the contrary, any MATERIAL not repaired by Supplier shall not be covered by any warranty hereunder. 20 Agreement No. SC11990054 Sheet 20 of 28 All transportation costs of and in transit risk of loss and damage to MATERIAL Material returned to Supplier for repair under this section Section will be borne by Company and all transportation costs of and in transit risk of loss and damage to such repaired or replacement MATERIAL Material returned to Company will be borne by Company. Price schedules for repairs under this section are listed in APPENDIX A..

REPAIRS NOT COVERED UNDER WARRANTY. In addition to repairs provided for Supplier's repair and replacement obligations set forth in the "WARRANTY" section WARRANTY clause, Supplier shall further agrees to provide repair service on all MATERIAL ordered under this Agreement during the term of this Agreement and until * * * replacement services for Product for six (6) years after the expiration of this Agreement. MATERIAL Pricing for the repair and replacement services shall be established by mutual agreement under a separate services agreement. Company may contract Supplier on mutually agreed terms for repair and replacement services for Company-manufactured amplifiers that currently reside in the field, in inventory, or in production prior to be repaired under the Effective Date of this section will be returned to a location designated by Supplier, and unless Agreement. Unless otherwise mutually agreed upon by Supplier and Companyupon, Supplier shall ship the repaired MATERIAL Product, or a replacement therefore, which meets the Specifications set forth in this Agreement or Order placed pursuant to this Agreement, to the "SPECIFICATIONS OR DRAWINGS" section and all other Specifications appropriate location as shown on the Company repair Order within ten thirty (1030) business days of receipt of the defective returned Product or non-conforming MATERIALother interval. With the concurrence and scheduling of Company, repair Supplier may be made by Supplier elect to perform repairs on site. If MATERIAL Product is returned to Supplier for repair as provided for in this section clause and Supplier determines that the Product is determined to be beyond repair, Supplier shall so notify Company. If requested by Upon Company's request, Supplier will shall sell to Company a replacement Product at the price set forth in Supplier's then current agreement with Company for said MATERIAL orcontract price, or if no such agreement contract price exists, at a price agreed upon set by Supplier and Company. If the parties fail to agree on a price, the which price shall be a reasonably competitive price for such MATERIAL said Product at the time for delivery. Further, if requested by Company, Supplier shall take the necessary steps to dispose of the unrepairable MATERIAL and pay to Company the salvage value, if any. Replacement and repaired MATERIAL Product shall be warranted as set forth in the "WARRANTY" sectionWARRANTY clause. This Agreement does not grant Supplier an exclusive privilege to repair any or all of the MATERIAL purchased under this Agreement for which If Company may require repair; and Company may perform the repairs or contract with others for these services. In addition, Supplier authorizes Company and any qualified repairer with whom Company may contract to perform repairs on all MATERIAL purchased under this Agreement. Not withstanding any provision of this Agreement to the contrary, any MATERIAL not repaired by Supplier shall not be covered by any warranty hereunder. 20 Agreement No. SC11990054 Sheet 20 of 28 All transportation costs of and in transit risk of loss and damage to MATERIAL returned returns Product to Supplier for repair under after the expiration of the warranty period and Supplier tests such Product upon its return to Supplier and finds that the Product conforms to the Specifications in this section Agreement, then the Company shall pay a no fault found fee of $150. Supplier will be borne provide reasonable back up or test results to support its finding of no fault upon request by Company and all transportation costs of and in transit risk of loss and damage to such repaired or replacement MATERIAL returned to Company will be borne by the Company. Price schedules for repairs under this section are listed in APPENDIX A..

REPAIRS NOT COVERED UNDER WARRANTY. In addition to repairs provided for in the "WARRANTY" section WARRANTY Section, Supplier shall agrees to provide repair service on all MATERIAL PRODUCT ordered under this Agreement during the term of this Agreement and until * * * five (5) years after the expiration of this Agreement. MATERIAL PRODUCT to be repaired under this section Section will be returned to a location designated by Supplier, and unless otherwise agreed upon by Supplier and Company, Supplier shall ship the repaired MATERIAL PRODUCT which meets the Specifications specifications set forth in the "Section 3.3 SPECIFICATIONS OR DRAWINGS" section and all other Specifications DRAWINGS within ten thirty (1030) business days of receipt of the defective or non-conforming MATERIALPRODUCT. With the concurrence and scheduling of Company, repair may be made by Supplier on site. If MATERIAL PRODUCT is returned to Supplier for repair as provided for in this section Section and is determined to be beyond repair, Supplier shall so notify Company. If requested by Company, Supplier will sell to Company a replacement at the price set forth in Supplier's then current agreement with Company for said MATERIAL PRODUCT or, if no such agreement exists, at a price agreed upon by Supplier and Company. If the parties fail to agree on a price, the price shall be a reasonably competitive price for such MATERIAL PRODUCT at the time for delivery. Further, if requested by Company, Supplier shall RESTRICTED - PROPRIETARY INFORMATION The information contained herein is for use by authorized employees of the parties hereto only and is not for general use or distribution within or outside of their respective companies except under written agreement. take the necessary steps to dispose of the unrepairable MATERIAL irreparable PRODUCT and pay to Company the salvage value, if any, less all reasonable costs to the Supplier for the disposal. Replacement and repaired MATERIAL PRODUCT shall be warranted as set forth in the "WARRANTY" sectionWARRANTY Section. This Agreement does not grant Supplier an exclusive privilege to repair any or all of the MATERIAL purchased under this Agreement for which Company may require repair; and Company may perform the repairs or contract with others for these services. In addition, Supplier authorizes Company and any qualified repairer with whom Company may contract to perform repairs on all MATERIAL purchased under this Agreement. Not withstanding any provision of this Agreement to the contrary, any MATERIAL not repaired by Supplier shall not be covered by any warranty hereunder. 20 Agreement No. SC11990054 Sheet 20 of 28 All transportation costs of and an in transit risk of loss and damage to MATERIAL PRODUCT returned to Supplier for repair under this section Section will be borne by Company and all transportation costs of and in transit risk of loss and damage to such repaired or replacement MATERIAL PRODUCT returned to Company will be borne by CompanySupplier. Price schedules for repairs under this section Section are listed in APPENDIX A.Appendix 1.

REPAIRS NOT COVERED UNDER WARRANTY. In addition to repairs provided for in the "WARRANTY" section WARRANTY Section, Supplier shall agrees to provide repair service on all MATERIAL PRODUCT ordered under this Agreement during the term of this Agreement and until * * * five (5) years after the expiration of this Agreement. MATERIAL PRODUCT to be repaired under this section Section will be returned to a location designated by Supplier, and unless otherwise agreed upon by Supplier and Company, Supplier shall ship the repaired MATERIAL PRODUCT which meets the Specifications specifications set forth in the "Section 3.3 SPECIFICATIONS OR DRAWINGS" section and all other Specifications DRAWINGS within ten thirty (1030) business days of receipt of the defective or non-conforming MATERIALPRODUCT. With the concurrence and scheduling of Company, repair may be made by Supplier on site. If MATERIAL PRODUCT is returned to Supplier for repair as provided for in this section Section and is determined to be beyond repair, Supplier shall so notify Company. If requested by Company, Supplier will sell to Company a replacement at the price set forth in Supplier's then current agreement with Company for said MATERIAL PRODUCT or, if no such agreement exists, at a price agreed upon by Supplier and Company. If the parties fail to agree on a price, the price shall be a reasonably competitive price for such MATERIAL PRODUCT at the time for delivery. Further, if requested by Company, Supplier shall take the necessary steps to dispose of the unrepairable MATERIAL irreparable PRODUCT and pay to Company the salvage value, if any, less all reasonable costs to the Supplier for the disposal. Replacement and repaired MATERIAL PRODUCT shall be warranted as set forth in the "WARRANTY" sectionWARRANTY Section. This Agreement does not grant Supplier an exclusive privilege to repair any or all of the MATERIAL purchased under this Agreement for which Company may require repair; and Company may perform the repairs or contract with others for these services. In addition, Supplier authorizes Company and any qualified repairer with whom Company may contract to perform repairs on all MATERIAL purchased under this Agreement. Not withstanding any provision of this Agreement to the contrary, any MATERIAL not repaired by Supplier shall not be covered by any warranty hereunder. 20 Agreement No. SC11990054 Sheet 20 of 28 All transportation costs of and an in transit risk of loss and damage to MATERIAL PRODUCT returned to Supplier for repair under this section Section will be borne by Company and all transportation costs of and in transit risk of loss and damage to such repaired or replacement MATERIAL PRODUCT returned to Company will be borne by CompanySupplier. Price schedules for repairs under this section Section are listed in APPENDIX A.Appendix 1.

REPAIRS NOT COVERED UNDER WARRANTY. In addition to repairs provided for in the "WARRANTY" section Supplier WARRANTY clause, BroadBand shall provide repair service on all MATERIAL Material ordered under this Agreement during the term of this Agreement and until * * * five (5) years after the expiration last delivery of this Agreementthe related Material by BroadBand. MATERIAL Material to be repaired under this section clause will be returned to a location designated by SupplierBroadBand, and and, unless otherwise agreed upon by Supplier BroadBand and CompanyLucent, Supplier BroadBand shall ship the repaired MATERIAL Material which meets the Specifications set forth in the "SPECIFICATIONS OR DRAWINGS" section DRAWINGS clause and all other Specifications within ten fifteen (1015) business calendar days of receipt of the defective or non-conforming MATERIALMaterial. With the concurrence and scheduling of CompanyLucent, repair may be made by Supplier BroadBand on site. If MATERIAL Material is returned to Supplier BroadBand for repair as provided for in this section clause and is determined to be beyond repair, Supplier BroadBand shall so notify CompanyLucent. If requested by CompanyLucent, Supplier BroadBand will sell to Company Lucent a replacement at the price set forth in SupplierBroadBand's then current agreement with Company Lucent for said MATERIAL Material or, if no such agreement exists, at a price agreed upon by Supplier BroadBand and CompanyLucent. If the parties fail to agree on a price, the price shall be a reasonably competitive price for such MATERIAL Material at the time for delivery. Further, if requested by CompanyLucent, Supplier BroadBand shall take the necessary steps to dispose of the unrepairable MATERIAL Material and pay to Company Lucent the salvage value, if any. Replacement and repaired MATERIAL Material shall be warranted as set forth in the "WARRANTY" sectionWARRANTY clause. This Agreement does not grant Supplier BroadBand an exclusive privilege to repair any or all of the MATERIAL Material purchased under this Agreement for which Company Lucent may require repair; and Company Lucent may perform the repairs or contract with others for these services. In addition, Supplier BroadBand authorizes Company Lucent and any qualified repairer with whom Company Lucent may contract to perform repairs on all MATERIAL Material purchased under this Agreement. Not withstanding any provision of this Agreement to the contrary, any MATERIAL not repaired by Supplier shall not be covered by any warranty hereunder. 20 Agreement No. SC11990054 Sheet 20 of 28 All transportation costs of and in transit risk of loss and damage to MATERIAL Material returned to Supplier BroadBand for repair under this section clause will be borne by Company Lucent and all transportation costs of and in transit risk of loss and damage to such repaired or replacement MATERIAL Material returned to Company Lucent will be borne by CompanyLucent. Price schedules for repairs under this section clause are listed in APPENDIX A.the applicable Product Letter.

REPAIRS NOT COVERED UNDER WARRANTY. In addition to repairs provided for in the "WARRANTY" section Supplier shall provide repair service on all MATERIAL ordered under this Agreement during the term of this Agreement and until * * * after the expiration of this Agreement. MATERIAL to be repaired under this section will be returned to a location designated by Supplier, and unless otherwise agreed upon by Supplier and Company, Supplier shall ship the repaired MATERIAL which meets the Specifications set forth in the "SPECIFICATIONS OR DRAWINGS" section and all other Specifications within ten (10) 10 business days of receipt of the defective or non-conforming MATERIAL. With the concurrence and scheduling of Company, repair may be made by Supplier on site. If MATERIAL is returned to Supplier for repair as provided for in this section and is determined to be beyond repair, Supplier shall so notify Company. If requested by ------ ***Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. 20 Sheet 20 of 31 Company, Supplier will sell to Company a replacement at the price set forth in Supplier's then current agreement with Company for said MATERIAL or, if no such agreement exists, at a price agreed upon by Supplier and Company. If the parties fail to agree on a price, the price shall be a reasonably competitive price for such MATERIAL at the time for delivery. Further, if requested by Company, Supplier shall take the necessary steps to dispose of the unrepairable MATERIAL and pay to Company the salvage value, if any. Replacement and repaired MATERIAL shall be warranted as set forth in the "WARRANTY" section. This Agreement does not grant Supplier an exclusive privilege to repair any or all of the MATERIAL purchased under this Agreement for which Company may require repair; and Company may perform the repairs or contract with others for these services. In addition, Supplier authorizes Company and any qualified repairer with whom Company may contract to perform repairs on all MATERIAL purchased under this Agreement. Not withstanding any provision of this Agreement to the contrary, any MATERIAL not repaired by Supplier shall not be covered by any warranty hereunder. 20 Agreement No. SC11990054 Sheet 20 of 28 All transportation costs of and in transit risk of loss and damage to MATERIAL returned to Supplier for repair under this section will be borne by Company and all transportation costs of and in transit risk of loss and damage to such repaired or replacement MATERIAL returned to Company will be borne by Company. Price schedules for repairs Repairs performed under this section are listed in APPENDIX A.will be charged on a Time and Materials basis as according to Supplier's then current Time and Material charges.

REPAIRS NOT COVERED UNDER WARRANTY. In addition to repairs provided for in the "WARRANTY" section Section 4.1, Supplier shall provide repair service on all MATERIAL Material ordered under this Agreement during the term for a period of this Agreement and until * * * five (5) years after the expiration discontinuation of this Agreementmanufacture of Material, as set forth in Specifications. MATERIAL Material to be repaired under this section Section will be returned to a location designated by Supplier, and unless otherwise agreed upon by Supplier and Company, Supplier shall ship the repaired MATERIAL Material which meets the Specifications set forth in the "SPECIFICATIONS OR DRAWINGS" section and all other Specifications applicable Product Letters within ten fifteen (1015) business days of receipt of the defective or non-conforming MATERIAL. With the concurrence and scheduling of Company, repair may be made by Supplier on siteat Supplier's location. If MATERIAL Material is returned to Supplier for repair as provided for in this section Section and is determined to be beyond repair, Supplier shall so notify Company. If requested by Company, Supplier will sell to Company a replacement at the price set forth in Supplier's then current agreement with Company for said MATERIAL Material or, if no such agreement exists, at a price agreed upon by Supplier and Company. If the parties Parties fail to agree on a price, the price shall be a reasonably competitive price for such MATERIAL Material at the time for delivery. Further, if requested by Company, Supplier shall take the necessary steps to dispose of the unrepairable MATERIAL Material and pay to Company the salvage value, if any. Replacement and repaired MATERIAL Material shall be warranted as set forth in the "WARRANTY" sectionSection 4.1. This Agreement does not grant Supplier an exclusive privilege to repair any or all of the MATERIAL Material purchased under this Agreement for which Company may require repair; and Company may perform the repairs or contract with others for these services. In addition, Supplier authorizes Company and any qualified repairer with whom Company may contract to perform repairs on all MATERIAL Material purchased under this Agreement. Not withstanding any provision of this Agreement to the contrary, any MATERIAL not repaired by Supplier shall not be covered by any warranty hereunder. 20 Agreement No. SC11990054 Sheet 20 of 28 All transportation costs of and in transit risk of loss and damage to MATERIAL returned to Supplier for repair under this section will be borne by Company and all transportation costs of and in transit risk of loss and damage to such repaired or replacement MATERIAL returned to Company will be borne by Company. Price schedules for repairs under this section are listed in APPENDIX A..

REPAIRS NOT COVERED UNDER WARRANTY. In addition to repairs provided for Supplier's repair and replacement obligations set forth in the "WARRANTY" section WARRANTY clause, Supplier shall further agrees to provide repair service on all MATERIAL ordered under this Agreement during and replacement services for Product after the term end of the Novus Transition Period for the remainder of the Term of this Agreement and until * * * for an additional six (6) years after the expiration of this Agreement. MATERIAL Pricing for the repair and replacement services shall be established by mutual agreement under a separate services agreement. Company may contract Supplier on mutually agreed terms for repair and replacement services for Company-manufactured amplifiers that currently reside in the field, in inventory, or in production prior to be repaired under the Effective Date of this section will be returned to a location designated by Supplier, and unless Agreement. Unless otherwise mutually agreed upon by Supplier and Companyupon, Supplier shall ship the repaired MATERIAL Product, or a replacement therefore, which meets the Specifications set forth in this Agreement or Order placed pursuant to this Agreement, to the "SPECIFICATIONS OR DRAWINGS" section and all other Specifications appropriate location as shown on the Company repair Order within ten thirty (1030) business days of receipt of the defective returned Product or non-conforming MATERIALother interval as dictated by the Novus Supply Agreement. With the concurrence and scheduling of Company, repair Supplier may be made by Supplier elect to perform repairs on site. If MATERIAL Product is returned to Supplier for repair as provided for in this section clause and Supplier determines that the Product is determined to be beyond repair, Supplier shall so notify Company. If requested by Upon Company's request, Supplier will shall sell to Company a replacement Product at the price set forth in Supplier's then current agreement with Company for said MATERIAL orcontract price, or if no such agreement contract price exists, at a price agreed upon set by Supplier and Company. If the parties fail to agree on a price, the which price shall be a reasonably competitive price for such MATERIAL said Product at the time for delivery. Further, if requested by Company, Supplier shall take the necessary steps to dispose of the unrepairable MATERIAL and pay to Company the salvage value, if any. Replacement and repaired MATERIAL Product shall be warranted as set forth in the "WARRANTY" sectionWARRANTY clause. This Agreement does not grant Supplier an exclusive privilege to repair any or all of Company shall assume the MATERIAL purchased under this Agreement for which Company may require repair; and Company may perform the repairs or contract with others for these services. In addition, Supplier authorizes Company and any qualified repairer with whom Company may contract to perform repairs on all MATERIAL purchased under this Agreement. Not withstanding any provision of this Agreement to the contrary, any MATERIAL not repaired by Supplier shall not be covered by any warranty hereunder. 20 Agreement No. SC11990054 Sheet 20 of 28 All transportation costs of and in transit risk of loss and damage to MATERIAL returned to Supplier for repair under this section will be borne by Company in transit and all transportation costs of for both inbound and in transit risk of loss and damage to such repaired or replacement MATERIAL returned to Company will be borne by Company. Price schedules for repairs under this section are listed in APPENDIX A.outbound transportation.